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Indiana Intellectual Property Questions & Answers
2 Answers | Asked in Intellectual Property for Indiana on
Q: Can I make and sell model cars that are based on a famous Indianapolis 500 car?
Paul Overhauser
Paul Overhauser
answered on Jan 11, 2011

This would be risky if you did not have the permission of the car designer and/or driver. The care could be covered by a design patent. Also, there is a somewhat famous case in which someone who did exactly what you propose was found to have violated the "right of publicity" of the... View More

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2 Answers | Asked in Intellectual Property for Indiana on
Q: Is the "right of publicity" valid in all 50 states?
Paul Overhauser
Paul Overhauser
answered on Jan 5, 2011

No, the "right of publicity" varies considerably from State to state, so check with an attorney in your state. Indiana is viewed as having the most favorabel "right of publicty" statute anywhere in the country, as discussed here:... View More

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2 Answers | Asked in Intellectual Property for Indiana on
Q: One of my employees designed a great logo for my business. Am I safe to use it without paying them extra for it?
Paul Overhauser
Paul Overhauser
answered on Dec 20, 2010

Good question. If the logo is copyrightable, and making the logo was not withing the scope of the employee's job, then the employee may own they copyright to the logo, meaning it could not be reproduced without infringing his or her copyright. However, the circumstances are highly fact... View More

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1 Answer | Asked in Intellectual Property for Indiana on
Q: Do I have to have a working prototype to file for a patent on my idea?
Bruce E Burdick
Bruce E Burdick
answered on Dec 23, 2010

No. You have to be able to describe the claimed invention in such a clear and specific manner as to enable a person having ordinary skill in the relevant art to make the invention. This is so that the public has possession of the invention when the patent expires. You also have to describe the... View More

2 Answers | Asked in Intellectual Property for Indiana on
Q: Can I copyright the name of my band?
Paul Overhauser
Paul Overhauser
answered on Dec 14, 2010

A band name is not copyrightable, but it can be protected by trademark law. You may be ablet to obtain a State or Federal trademark registration on the name, and, a logo for the band's name, if you have one.

Paul Overhauser

www.overhauser.com

317 891-1500

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2 Answers | Asked in Intellectual Property for Indiana on
Q: How can I protect a new recipe I have come up with for barbeque sauce? It is really good.
Paul Overhauser
Paul Overhauser
answered on Dec 15, 2010

The best way to protect a recipie would, in theory, be through a patent. However, this could be difficult for two reasons. First, "non-obviousneess" is required for a patent, and the Patent Office may consider your ingredients to be "obvious," and hence unpatentable. Second,... View More

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2 Answers | Asked in Intellectual Property for Indiana on
Q: I saw an innovatiive machine at a trade show in Germany, and there is nothing like it in the US. Can I get a US patent?
Paul Overhauser
Paul Overhauser
answered on Dec 14, 2010

No, you would not be able to obtain a US patent on the same machine, becuase in the US, a patent can only be issued to the "inventor," and you are not the inventor. However, most patents are not for entire machines, but only improvements to things others have done in the past. If you... View More

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2 Answers | Asked in Intellectual Property for Indiana on
Q: Can I copyright my website?
Paul Overhauser
Paul Overhauser
answered on Dec 11, 2010

Assuming you created the website yourself, yes, you can copyright a website by using Copyright application form TX or by filing on-line. However, most business websites are created by website development companies. Unless they assign the copyrights in the website to you, they own it not you.... View More

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2 Answers | Asked in Intellectual Property for Indiana on
Q: I started to sell my invention in Sep. 2009, and filed for a US patent in December. Can I still get foreign patents?
Paul Overhauser
Paul Overhauser
answered on Nov 21, 2010

It depends on exactly "what" was sold, and on what is claimed in the patent. However, assuming what was sold is the thing covered by the patent, you have probably missed the deadline to get a patent in most foreign countries. Most do not have a 12-month "grace period" for... View More

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