For example, I currently sell a Spray Bottle, however, I didn't invent it. If there's no patent on the item, could I file for one? Or would I have to change something about it? If so, is there a way to something about the product to file my own patent for it?
Patents are intended in reward inventors. If you did not invent the product, you cannot patent it.
You may be able to patent an improvement to the product as long as whatever you do is not obvious to someone that designs spray bottles. But you would need to invent this or pay someone to...Read more »
Patent term is more confusing than it should be. The one part that is simple, is that patent term is not a function of the technology. There is not a way for the applicant to apply to extend the patent term (unlike trademarks or copyrights). (but as noted below, there are...Read more »
First you may want to consult with a patent attorney to see if the patent that concerns you actually is still in force. I may have lapsed early for failure to pay the maintenance fee and contacting them may cause them to belatedly revive it.
But if you are sure that you want to contact...Read more »
I used to work for a firm that defended the original Bell telephone patent court (long long before I was born). So I am well aware that improvements to a particular device such as a telephone may continue to come out for a hundred years or so. It is possible that your patent claims one set of...Read more »
It is possible to go partway through the process with your proprietary information as a secret. However, if you let the patent application publish or you pay an issue fee to get a granted patent then your information becomes public knowledge. You have patent rights to protect the unauthorized use...Read more »
Step one is you need to work with a patent attorney to dive deeply into the patent and make a detailed comparison of the independent claims to your product. This is often called a claim chart and this work is called clearance or freedom-to-operate analysis.
A company wants me to sign an NDA before I submit a product idea to them (I'm a Product Developer). I'm not clear on what this means and it concerns me a bit: "Each party hereby expressly acknowledges and agrees that any failure to comply with the provisions of this AGREEMENT will... Read more »
I agree that you need to have the entire agreement looked at by an attorney that is familiar with NDA agreements. Sometimes there can be interplays between a definition on one page and a section on another page so providing advice on a snippet of the agreement can lead to trouble.
US Patent No. 7631814 for Portable Sports Equipment Scent Dispersion Apparatus is listed in Google Patents as expired for failure to pay a maintenance fee. If you are the patent owner and the failure to pay the maintenance fee was unintentional, this can be fixed.
My father Ian Ripley was the inventor and the origin of the technology used in this patent. He died in 2015 yet he is listed as the inventor in this patent which was filed in 2018, how is this so given the fact my father was not alive at time of filing? We have had issues with other patents this... Read more »
I am sorry that your father is no longer with you.
With respect to filing a patent, if the rights to the invention were passed on to a third party, then those rights can be used to file a patent even after an inventor's death. There are processes for handling this.
There is a place to register patent assignments at the USPTO just like you register title to a piece of property. Not everyone does this but most people do and there are incentives to register assignments for certain types of patents. You can look for the the assignee names here --...Read more »
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