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Questions Answered by Joseph Giovanni Chu

1 Answer | Asked in Intellectual Property for California on

Q: How can you patent the same idea twice?..Pat # 6687991....and Pat # 4083105 expired

Legal precedences?

Joseph Giovanni Chu answered on Jul 13, 2011

Without looking up the actual patents you cited, more facts are needed to answer this question, such as whether the two patents have a common inventor, a common assignee, or the same inventive entity. Also, one can apply for what's called a "divisional application," which is a later application for... Read more »

1 Answer | Asked in Intellectual Property for California on

Q: Before she died, my sister gave me all her photographs, negs, rights to her work. How do I copyright them?

She and I collaborated on many and I digitally developed many for her. I have her original prints and negatives for most of her work.

Joseph Giovanni Chu answered on Jul 12, 2011

You may file as a co-author on works that you collaborated with your sister. When you file, you will have to provide information your contribution to the works. On works which she solely authored, you can still be a claimant of the copyright and include a transfer statement showing how you obtained... Read more »

2 Answers | Asked in Intellectual Property for California on

Q: If a servicemark is never registered and later abandoned, can I use it and register it?

Joseph Giovanni Chu answered on Jul 12, 2011

There is no simple answer to your question without more facts. The answer to your question depends on a number of issues, including what you mean by "abandoned," whether you are using the mark for the same goods or services, whether you are talking about a U.S. mark or a mark in another country,... Read more »

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