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Questions Answered by Bernard Samuel Klosowski
2 Answers | Asked in Patents (Intellectual Property) for Ohio on
Q: I want to make portals is there anyway I can legally do this considering patent number 10479156

I believe this patent is for a gear driven portal and the case is one machined piece the product I want to sell is chain driven and the case is made of multiple pieces welded together can I legally sell this

Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Aug 21, 2020

A U.S. patent owner has the right to stop others from making, using, selling, offering to sell, or importing a product that infringes any claim of the patent. (Claims are the numbered paragraphs found at the end of the patent.)

The answer to your question would depend on whether any of the...
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1 Answer | Asked in Intellectual Property for Illinois on
Q: What is the expected life of a patent? Can I use a patent/design when it is expired?
Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Aug 21, 2020

~20 years from filing for a U.S. Utility patent and 15 years for a U.S. Design patent (was 14 until a few years ago). The Utility patent term can be affected by patent term adjustments, and reliance on the filing date of any earlier priority application, and other factors.

Once a patent...
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4 Answers | Asked in Patents (Intellectual Property) on
Q: I want to do a patent search with a company. But it isn't throwing any results. Could you please help me?

Patent search help

Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Aug 21, 2020

A "patent search" has many shades of gray. At one end of the spectrum, an informal search can be done using keywords about an invention on various search engines or via government websites such as www.uspto.gov and https://worldwide.espacenet.com/. Or a patent attorney can conduct a... View More

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1 Answer | Asked in Intellectual Property for California on
Q: Is it possible to get an outside USA patent for the same product that has a USA patent?

Assume there is a product with a USA patent. Can someone who is not the inventor apply for a patent in another country?

Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Aug 20, 2020

Generally speaking, if no international application was filed based on the U.S. application before it issued as a patent, it's too late to file in other countries. In that scenario, the U.S patent would be considered "prior art" to the later filed international applications on the... View More

3 Answers | Asked in Patents (Intellectual Property) for New Jersey on
Q: How much would it cost to patent my face mask designs?
Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Aug 17, 2020

According to the American Intellectual Property Law Association's 2019 Report, the USPTO (government) filing fees for a U.S. Design patent application are in the range of $240-$960+, and the average national attorney fee to prepare and file the design application is around $1,815+. Draftsman... View More

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2 Answers | Asked in Copyright and Trademark for Louisiana on
Q: if something is trademark, can it be use if you show that it is trademark for a business purposes
Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Aug 17, 2020

Trademarks (for goods) and service marks (for services) are used for identifying the "source" of the goods/services. Business names sometimes are referred to as trade names.

Your question is a little unclear. If you are asking whether a business name can also be used as a...
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1 Answer | Asked in Copyright and Civil Litigation for New York on
Q: Can I ask a potentially theoretical question relating to a legal battle won by deceit, extortion and manipulation of law

It was a civil case in supreme court and one of the lies was, that they did not receive any services from my firm, but now 10 years later they are using / selling my idea of two product I initially conceived when developing larger project for them which proved to be difficult as they kept revising... View More

Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Aug 12, 2020

Your question is a bit vague - if you're asking whether the causes of action in the original state case can be revisited, the answer is "maybe." It would depend among other things on whether the evidence of the "lies" is new or known at the time of the original case, or... View More

2 Answers | Asked in Copyright and Trademark on
Q: Is comparing my products to a nationally recognized brand considered fair use as comparative advertising?

For example : can I advertise Ibuprofen as “compare to Advil active ingredient” or acetaminophen as “compare to Tylenol active ingredient”.

Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Aug 11, 2020

If you're asking if comparative advertising ("CA") is permitted, the general answer is "yes." ("Fair use" is a defense if sued.)

But the devil is in the details. For instance, the CA should be truthful and not be misleading or deceptive. An in-depth...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for South Carolina on
Q: Hello. I am trying to figure out if the phrase "Be Kind" is trademarked or not. It says "Abandoned", but just in case.
Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Aug 11, 2020

This is not legal advice, but an informal glance at U.S. Trademark Office records suggests that there are over 100 pending applications or active registrations using the phrase "BE KIND" as a mark or as part of a mark.

Numerous factors are considered in determining whether a mark...
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1 Answer | Asked in Intellectual Property for California on
Q: Do most patents stay valid for the entire 20 year period? If not, what factors alter a patent's lifetime?
Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Aug 10, 2020

U.S. patents have "maintenance fees" that are due at 3.5, 7.5 and 11.5 years. Some patent owners don't pay those fees for various reasons, and the patents expire for non-payment.

Sometimes a patent is litigated in a federal court and found to be invalid or unenforceable for...
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3 Answers | Asked in Copyright and Trademark for North Carolina on
Q: Is "Financing The American Dream" Trademarked or Copyrighted by anyone? My company is interested in using it as a taglin
Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Aug 6, 2020

Copyright is not used for names, slogans, etc. But a short phrase might be protectable and usable as a trademark or service mark.

This is not legal advice, but it appears there is a mark "BUILDING AND FINANCING THE AMERICAN DREAM" that is federally registered and being used for...
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1 Answer | Asked in Copyright for Virginia on
Q: Can I copyright a published work that I have already posted? I make webcomics and want to protect a page I posted.

I can provide the original files and such, and I want to keep my characters protected.

Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Aug 6, 2020

You had the copyright as soon as you created the work (you might say a "common law copyright"). But to be eligible for "statutory damages," U.S., copyright law encourages registration before publication. Beyond 3 months after publication, if there's been an infringement,... View More

3 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Hi. I have found a guy who has a provisional patent on a device I was looking to manufacture.

He is 80 years old and never done anything with the provisional patent.

If he agrees, is it possible for me to pay him to assign a provisional patent over to me so I can run with it... or can that only be done on a fully issued patent?

Thanks

Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Aug 5, 2020

A U.S. provisional patent application (PPA) never itself becomes a patent so the name is a bit of a misnomer. A utility patent application (UPA) can claim benefit of a PPA if the UPA is filed by the first year anniversary of the PPA.

In any case, a PPA can be assigned (bought) from the...
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2 Answers | Asked in Copyright and Trademark on
Q: Is using the name "FullsendWI" a trademark infringement? WI stands for wisconsin here.

The brand "FULL SEND" is trademarked.

Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Aug 4, 2020

Possibly.

In large part it depends on how "FullsendWI" is used and for what. If it's not being used in the source-identifying sense of a "trademark," there's less risk of an infringement accusation. But if it's being used as a trademark or service...
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