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Indiana Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: If you make an item and someone else patents it later, Can you still make and sell your item .

I made something in 2010 and sold some via a website. I did not patent it due to prohibitive patent cost.

Someone else patented a similar item 6 yrs later. When they received that patent the patent examiner cited my item and website in the approved patent.

Can I still make and sell... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Feb 27, 2017

This is a common question, that has been litigated a number of times. The good news for you is that the courts usually rule against the patent owner, and in favor of people in your position.

This has to do with fairness. If you are making and selling your invention, you cannot all of the...
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1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: Will the Patent Office recommend a patent attorney to help protect my invention?
Paul Overhauser
Paul Overhauser
answered on Mar 23, 2011

No, the Patent Office will not make this choice for you. However, a general attorney may help you in making a selection from among those listed as registered practitioners on the Office roster. Also, some bar associations operate lawyer referral services that maintain lists of patent lawyers... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: Are invention promotion companies reliable and trustworthy?
Paul Overhauser
Paul Overhauser
answered on Mar 23, 2011

This can't be answered in the abstract - some companies are legitimate and some do a very poor job. No. The Patent Office publishes complaints regarding invention promoters and replies from the invention promoters. Questions or complaints can be sent to Mail Stop 24; Director of the U.S.... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: What is a reasonable royalty to pay for licensing a patent?
Paul Overhauser
Paul Overhauser
answered on Mar 23, 2011

There are many factors to consider in determining a reasonable royalty. Under Supreme Court precedent, there are 15 factors (known as the Georgia-Pacific factors) to consider in a patent infringement lawsuit. These were first articulated in Georgia-Pacific Corp. v. U.S. Plywood Corp., 318 F. Supp.... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: A large company has sued me an other in my industry for patent infringement. We think the patent is bogus. What to do?
Paul Overhauser
Paul Overhauser
answered on Mar 22, 2011

Some patent owners file many individual suits in different jurisdictions against purported infringers, with the hope that they can obtain quick settlements. However, it can potentially be prudent for the various defendants to join forces and have all the various lawsuits consolidated in one court... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: What do the terms "patent pending" and "patent applied for" mean?
Paul Overhauser
Paul Overhauser
answered on Mar 22, 2011

"Patent pending" means you applied for a patent, and the application is still active - it has not been finally rejected, or, issued as a patent. "Patent applied for" is not a commonly used term, but it means that a patent application was filed, even though it could have been... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: Does the Patent Office set the fees charged by patent attorneys for a patent?
Paul Overhauser
Paul Overhauser
answered on Mar 22, 2011

No. The price is between you and your patent attorney, and the Patent Office takes no part. To avoid misunderstanding you may wish to ask for estimate charges for: (a) the search (b) preparation of the patent application, and (c) prosecution.

Paul...
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1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: If a first person furnishes all of the ideas to make an invention and a second person employs the first person

Or furnishes the money for building and testing the invention, should the patent application be filed by the first and second persons jointly?

Paul Overhauser
Paul Overhauser
answered on Mar 22, 2011

No. The application must be signed by the true inventor, and filed with the Patent Office, in the inventor's name. This is the person who furnishes the ideas (e.g. the first person in the above fact pattern), not the employer or the person who furnishes the money.

Paul...
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1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: If a friend and I work together to make an invention, to whom will the patent be granted?
Paul Overhauser
Paul Overhauser
answered on Mar 22, 2011

If both you and your friend had a share in the ideas forming the invention as defined in the claims – even if only as to one claim, you are joint inventors and a patent will be issued to them jointly on the basis of a proper patent application. If, on the other hand, one of these persons has... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: Is it necessary to go to the Patent Office to get a patent?
Paul Overhauser
Paul Overhauser
answered on Mar 22, 2011

No. Most business with the Office is conducted by email and written correspondence. Interviews regarding pending applications can be arranged with examiners if necessary and are often helpful.

Paul Overhauser

www.iniplaw.org

www.overhauser.com

317- 891-1500

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: Can I write to the Patent Office about my application after it is filed?
Paul Overhauser
Paul Overhauser
answered on Mar 22, 2011

The Patent Office will answer an applicant's inquiries as to the status of the application, and inform you whether your application has been rejected, allowed, or is awaiting action. However, if you have a patent attorney or agent of record in the application file the Office will not... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: How can I be sure the Patent Office will not give others information contained in my application while it is pending?
Paul Overhauser
Paul Overhauser
answered on Mar 22, 2011

Most patent applications filed on or after November 29, 2000, will be published 18 months after the filing date of the application, or any earlier filing date relied upon under Title 35, United States Code. Otherwise, all patent applications are maintained in the strictest confidence until the... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: How long does a patent last?
Paul Overhauser
Paul Overhauser
answered on Mar 21, 2011

The term of a patent depends on the country that issued the patent, on the type of patent, and on whether "maintenance fees" have been paid. In the US, a "utility" patent lasts 20 years from the date of the first patent application giving rise to the patent. However, the patent... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: I've invented a toilet with an automatic exhaust fan that goes on when you sit on it. Is it patentable?
Paul Overhauser
Paul Overhauser
answered on Mar 21, 2011

First, it is not a good idea to disclose your invention in a public forum like this until you have determined whether your invention is patentable. That being said, there is not sufficient information to determine patentability. It would be necessary to learn more information about your invention,... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: What is the difference between a provisional and a non-provisional patent application?
Paul Overhauser
Paul Overhauser
answered on Mar 21, 2011

A "provisional" patent application is not a "real" patent application in the sense that it will not result in the issuance of a patent. However, it establishes a date of invention. You then have 12 months to file a "non-provisional" patent application which claims the... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: What is the "inequitable conduct" defense in patent infringement litigation?
Paul Overhauser
Paul Overhauser
answered on Mar 21, 2011

A patent applicant has an obligation under 37 CFR 56 to disclose to the Patent Office information that is "material" to the patentability of the patent application. If the applicant withholds or misrepresents information when dealing with the Patent Office, a court, in a later... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: If I am attempting to patent something, how much is a lawyer needed?
Paul Overhauser
Paul Overhauser
answered on Mar 21, 2011

If you have experience with patents, you may not need an attorney. For example, if you are an inventor at a large company that has patented many of your ideas, you may be very familiar with the process and how to write an application. Failing this, you really should use an attorney. I say this... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: What are the benefits of filing for a patent?
Paul Overhauser
Paul Overhauser
answered on Mar 17, 2011

In my experience, there are five reasons businesses get patents. First, and most prevalent, is to obtain a monopoly on the patent technology. In other words, a patent owner can prevent others from making, using or selling the patented invention. Second, you can make money by selling or licensing... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: How much does a patent application cost?
Paul Overhauser
Paul Overhauser
answered on Mar 17, 2011

The cost of a patent application varies widely depending on the invention you seek to protect. A very simple design patent application might cost $500 - $1,000 to get on file. I've done very complex patent applications for telecommunications systems that have cost nearly $30,000. Moreover,... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: How do I get a patent?
Paul Overhauser
Paul Overhauser
answered on Mar 17, 2011

To get a patent, you need to file a "non-provisional" patent application. While legally, you are not required to use a patent attorney to file for a patent, the patent regulations are very complex, and most businesses and individuals use a patent attorney. More information about the... View More

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