It is possible that the product you are looking at is not covered by a current patent.
The best place to start is with the product itself and the packaging that comes with the product. There is an incentive to mark the patent number on the product or at least a web page address that...Read more »
Your question which seems narrow is actually at the heart of patent claim interpretation. In the United States, there is a hierarchy of sources for answering this question. The highest tier is what the applicant expressly wrote in the application or in the written record of arguments made to the...Read more »
I was looking to make another ramp or have one made and I don’t want to infringe on any patents. This plastic ramp has no mechanisms, no moving parts and is literally just a piece of plastic. There are mechanisms that attach to the ramp but I am not making any of those. Just the plastic ramp.... Read more »
You should be OK as long as this piece is not special and does not have a patent just on that piece. A person that has purchased a patented item can make repairs. There is a limit and you cannot do such massive repairs to a totally worn out item that you are effectively replacing the original...Read more »
This does not sound like a fit for the patent system.
35 USC 101
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and...Read more »
A patent only applies in the country or regional group that issued the patent. A patent applies to things made in that country and to things brought into that country. If a product is created outside the US and never enters the US, then a US patent is not relevant.
What happens if patent holders allow other competing products on the market that conflict with an existing patent(s)? How many years can thes competitive products be allowed on the market before the Patent becomes unenforceable?
A UK patent is a UK patent. There is not yet an EU patent. You can get your patent application examined by the European Patent Office so you only have to do that work once, but the allowed EPO claims are then validated in individual EPO countries such as the UK. So one patent application may end...Read more »
Your question as conveyed did not include the patent number. But you said design. If the patent is a design patent, (rather than the more common utility patent), then that is normally pretty narrow coverage to keep someone from selling a product that looks confusingly similar to the patented...Read more »
Or is a red flag to Examiners so try to avoid it. Sometimes you cannot.
Not sure where you are getting the verbiage "or combination thereof" . That is not a standard way to write a claim. A quick search of US patents found many thousands with the word "combination" in the claims. But...Read more »
A good place to start is to look at patents for analogous products. That will help you understand what is already patented and how much effort it takes to secure a patent. My slides at http://bit.ly/Patent_Searching will give you some tips on patent searching using free tools.
Its a bag with combo lock. My bag is lightly fatter then this designed in the patent. Also, my bag has bag handle from the left side. The design in the patent has handle on the right side. Is this enough to do not make IP... Read more »
An actual patent will include a field in the upper right corner that says Date of Patent. A published application won't. There are other ways to tell but I wanted to give you the easiest one to explain via a post.
I do not use the Justia site to download patents. You can download US patents at Google Patents -- https://patents.google.com/ or http://pat2pdf.org/. There are other sites but these are two that I use all the time.
If someone else filed for that second patent, I would argue that given my patent, that the second patent is obvious but it really isn't that obvious and I want to be the one to file before someone else does. An analogous example: Think of the old power line communications technology where using a... Read more »
....furthermore, while said idea has not been disclosed in public form, it turns out that the attorney/agent has accepted another client with the same inventive idea in process of being applied for - what is the attorneys legal obligation to 2nd client? Tell him that his idea has been "preceeded"?... Read more »
Ideally, the process would not get that far. The attorney should ask each prospective client to say without disclosing anything proprietary what type of good or service have you improved? When the attorney learned that the second inventor was in the same space as the first client (possibly with...Read more »
To further reduce your risks you can go to a plumbing supply store and look at the toilet seat covers. To the extent that any are marked with a patent, take a photo with your phone and look up that patent later. The manufacturers are apt to put their patent...Read more »
If your father was employed by a company and made inventions as part of his normal job duites, then the employer might consider your father fully paid in that he received his paycheck. As a paid to invent employee, the money paid by the company to your father would serve as consideration for the...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.