Get free answers to your Patents (Intellectual Property) legal questions from lawyers in your area.
I have an idea for a novelty in dentistry, researched it, and built a proposal, but I am afraid to present it to anyone because I could lose the rights of my idea. What do you think I should do? Thank you.
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answered on Oct 22, 2024
You can file a patent application, or a provisional patent application, to start the process of protecting your idea with a patent. Some ideas might be possible to protect as a trade secret, for example if you knew of a particular way to do a dental operation then you might teach people how to do... View More 
The company in violation is selling non-FDA approved products. How can products be infringed upon based on "trade secrets" when their products don't have to adhere to a determined fixed standard?
For instance, in patented research, FDA-approved drugs are only successfully... View More
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answered on Jun 22, 2024
To understand this situation, we need to separate a few key concepts:
1. Trade secrets vs. Patents
2. FDA approval
3. Intellectual property infringement
Let's break these down:
1. Trade secrets vs. Patents:
Trade secrets and patents are two... View More
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answered on Dec 14, 2023
When a company that owns a patent goes bankrupt, the fate of the patent depends on the bankruptcy proceedings and the decisions made by the bankruptcy court. The patent itself doesn't automatically become inactive or "dead" due to the bankruptcy.
In a bankruptcy case, the... View More
answered on Feb 14, 2023
This will depend on the details of your specific game, and it would require a professional search. When we do these, we hire a specialized searching company that performs a “clearance search” (in this case, they would search for those patents claiming a trading card game that are closest to... View More
I'm wondering if this would require the examiner to have the cited non-english-language patent(s) translated, thereby making their job more difficult and perhaps annoying them. Or would the examiner require me to have them translated since I put them in there?
answered on Nov 3, 2022
If you are aware of the material in the foreign patent (or other foreign language document) and the material is non-duplicative, prior, and material as defined in 37 CFR 1.56, you need to provide it. https://www.law.cornell.edu/cfr/text/37/1.56 Whether it may be marginally annoying to the... View More
answered on Oct 26, 2022
Your question did not contain the list. But even without seeing the list, I can warn you that some pending applications won't show up on a list. The default is that US applications are published 18 months after filing. So most applications filed within the last 18 months won't show... View More
answered on Jul 12, 2022
Choosing the right patent attorney is an important decision. There are a few things to consider. First, the patent attorney needs to have the right sort of technical background to be able to learn and communicate your idea. For example, I stay clear of pharmaceutical patents or block chain... View More
I am making the story unique and bringing my own twist on Christmas and a dark tale of horror with my own unique characters and ideas.
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answered on May 14, 2022
Your situation requires more facts and to determine what you can due without getting into serious legal problems, you must retain an experienced patent law attorney. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.
answered on Sep 9, 2021
You can either search for the rings or look at the patents that were assigned to McDonalds. It looks like they use a patent holding company Restaurant Technologies Inc.... View More
My invention in no way modifies the product it simply allows the one-time use consumable to be reused more than once in the same manner for which it was intended.
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answered on Aug 15, 2021
The answer is, "it depends." In some situations, such as refiling printer cartridges, the rule of "patent exhaustion" may apply. This rule is that a patent owner uses up their rights when they first sell a product.
However, the patent owner may also have engaged in... View More
Do I require a patent, and or would I' be infringing on neck pillow patent. & can my design and purpose be protected as an IP 2B sold or licensed out?
answered on Feb 15, 2021
Whether you infringe and whether you need a patent are two different subjects.
With regards to infringing of a patent of another product you need to see a patent attorney, who will provide you with a non-infringement opinion. The patent attorney will take a look at your product and at the... View More
I have a online store that was created with the name Metropaws. It was originally going to use the Metropawz but I told them to change it not knowing MetroPaws was trademarked and taken already. So a few weeks later I get contacted by the owners of Metropaws telling me to comply and that I can not... View More
answered on Dec 18, 2020
So, you want to use Metropawz but Metropaws is already registered. If so, and you are in a similar line of business, then you likely would be infringing their mark, because it is confusingly similar.
If, on the other hand, the Metropaws trademark holder is in services for pet waste... View More
answered on Dec 2, 2020
Maybe. Patents are issued for inventions that are new, useful, and would not have been obvious. You may be able to secure a utility patent, a design patent, or both. A patent attorney can help you evaluate the likelihood of receiving meaningful patent protection during a private consultation. You... View More
Do I need two separate LLC's. When filing trademark should it be under the LLC or me as individual?
answered on Oct 25, 2020
No, you can one LLC for both your clothing line and your entertainment line.
However, you should get your federal trademark in two classes, one class for your clothing products, and one class for your entertainment products.
answered on Sep 28, 2020
You have a few options. Start with Google Patent Search, then the USPTO Patent Search, and then the WIPO patent search tools. Searching for designs can be a little challenging, for you have to get creative with various search terms and the like. You should reach out to an experience patent attorney... View More
answered on Aug 17, 2020
If you are looking for a design patent, then likely yes. Provided that the shapes and sizes are ornamental in nature.
If you are looking for a utility patent, then likely no. It could be, if the different shapes and sizes would be make the product function in a different way than would be... View More
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
I have students working on my product for their capstone project. It does not have copywriters yet. Do I need an attorney? Where can I find an affordable one in Cherry Hill NJ?
answered on May 22, 2020
It is not clear from what you write whether you have need of a patent or a copyright attorney. In either case, having someone else work on the project could mean they end up with the IP rights. So before you go further, do find an IP attorney who can assess what has been done and what needs to be... View More
answered on Apr 27, 2020
You definitely came to the right place. Lots of IP attorneys here. Best to pick an IP attorney with experience handling technology related to the patent you are interested in getting.
I have a product which was invented by some person many years ago, but wasn't patented. So, now many people sold this product too. But one company modified one detail of the product, and because they couldn't patent this as invention, many sellers, include me, also was selling this... View More
answered on Apr 27, 2020
Very low chance to win. Not worth the fight unless you have a lot of money and makes sense to you.
I strongly suggest moving on.
Marcos E. Garciaacosta
www.legalbizglobal.com
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