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Indiana Intellectual Property Questions & Answers
1 Answer | 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 Mar 16, 2011

No, you would not be able to obtain a US patent on the same machine, because 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 make... View More

1 Answer | Asked in Intellectual Property for Indiana on
Q: I invented and had a prototype working for 2 years i called a company and they stole my invention. Do i have any rights
Paul Overhauser
Paul Overhauser
answered on Mar 15, 2011

It depends on several factors, such as whether you filed for a patent, whether it may still be possible for you to do so, and whether the company you called agreed to keep the invention confidential. There may also be other relevant facts. You should contact an intellectual property attorney to... View More

1 Answer | Asked in Intellectual Property for Indiana on
Q: DO I NEED A TRADEMARK LAWYER?
Paul Overhauser
Paul Overhauser
answered on Mar 15, 2011

There is no requirement that you hire a trademark lawyer. However, some reasons you might want to hire one are: (a) to ensure that a trademark is what you really need (many people confuse a trademark with a copyright or patent); (b) to conduct a search to ensure your mark is not infringing someone... View More

1 Answer | 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 Mar 15, 2011

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

1 Answer | Asked in Intellectual Property for Indiana on
Q: If I file for a patent or copyright, will the information in my applications become available on Google?
Paul Overhauser
Paul Overhauser
answered on Jan 21, 2011

For the patent application, unless the application is abandoned within 18 months, or unless it was filed with a Non-publication Request (which would limit your ability to file for foreign patents) your application will be published. Similarly, unless you with withdraw your copyright application,... View More

1 Answer | Asked in Intellectual Property for Indiana on
Q: Are there any organizations in Indiana that can assist in developing and marketing my invention?
Paul Overhauser
Paul Overhauser
answered on Jan 15, 2011

Two good groups are the Venture Club of Indiana, www.ventureclub.org; and the Hackers and Founders, www.meetup.com/Hackers-and-Founders-Indianapolis/

Paul Overhauser

317-891-1500

www.overhauser.com

1 Answer | Asked in Intellectual Property for Indiana on
Q: Do I have to incorporate or get an LLC to file for a trademark?
Paul Overhauser
Paul Overhauser
answered on Jan 16, 2011

No you do not need to be a corporation or LLC. You just need to be the owner of the trademark to file an application for registration. The owner controls the use of the mark, and controls the nature and quality of the goods to which it is affixed, or the services for which it is used. The owner... View More

1 Answer | Asked in Intellectual Property for Indiana on
Q: If I apply for a trademark but they refuse, do I get a refund of the application fee?
Paul Overhauser
Paul Overhauser
answered on Jan 16, 2011

Sorry, trademark offices (Federal or State) do not offer refunds, as registration is not guaranteed. The office will will conduct a search and will refuse to register your mark if there is another registered mark or pending mark similar to yours for related goods/services.

Paul...
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1 Answer | Asked in Intellectual Property for Indiana on
Q: Should I use an attorney to get a trademark?
Paul Overhauser
Paul Overhauser
answered on Jan 16, 2011

You are not required to hire an attorney, but if you decide to prepare and submit your own application, you must comply with all requirements of the trademark statutes and rules and may be required to respond to legal issues raised by the the Trademark Office. Because the application process can be... View More

1 Answer | Asked in Intellectual Property for Indiana on
Q: I've designed a new logo for my company. Should it be trademarked or copyrighted?
Paul Overhauser
Paul Overhauser
answered on Jan 11, 2011

You may be able to do both, if the logo contains sufficient creative content. Trademark protection would protect against someone else using a confusingly similar logo in thier business, even if they did not "copy" your logo (e.g., they coincidentally designed a logo that is similar).... View More

1 Answer | 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

1 Answer | 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

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

1 Answer | 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

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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1 Answer | 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

1 Answer | 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

1 Answer | 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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