Ask a Question

Get free answers to your Patents (Intellectual Property) legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New Jersey Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Business Law and Patents (Intellectual Property) for New Jersey on
Q: A Federal Judge issued an injunction against one small company because it violated trade secrets of another. No patents?

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for New Jersey on
Q: What happens when a company owns a patent of product but goes bankruptcy, that patent will be remain active or dead?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for New Jersey on
Q: I'm creating a Trading Card Game. What patents in terms of card layout and battle mechanics do I have to look out for?
David Aldrich
David Aldrich
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

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for New Jersey on
Q: Is it unwise to put foreign language patents in your prior art list when applying for a US patent? Thanks, Richard

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?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
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

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for New Jersey on
Q: Is this a complete list of patent applications for brass trumpet mouthpieces
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
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

View More Answers

2 Answers | Asked in Patents (Intellectual Property) for New Jersey on
Q: I am in the process of creating a model for open heart surgery. Where do I start if I want to patent? What lawyer?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
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

View More Answers

1 Answer | Asked in Copyright, Gaming, Intellectual Property and Patents (Intellectual Property) for New Jersey on
Q: Can I patent a game that has open domain IPs such as Santa Clause? I’m making a game where Santa is the main villain

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.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Patents (Intellectual Property) for New Jersey on
Q: How can I find the patent for McDonald's original teflon ring apparatus for cooking the eggs for egg McMuffins?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
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

1 Answer | Asked in Products Liability and Patents (Intellectual Property) for New Jersey on
Q: I have invented a way to reload a patented one-use product. What risk do I take by developing a kit for the market?

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.

Stephen E. Zweig
Stephen E. Zweig pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Contracts, Copyright, Patents (Intellectual Property) and Trademark for New Jersey on
Q: I have a pillow Design that describes similar to the "neck pillow "but my description and purpose are slightly different

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?

Peter D. Mlynek
Peter D. Mlynek
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

2 Answers | Asked in Patents (Intellectual Property) and Trademark for New Jersey on
Q: Can I Use the Name Metropawz if there is no trademark or patent on that name but there is one for Metropaws.

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

Peter D. Mlynek
Peter D. Mlynek
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

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for New Jersey on
Q: Is it possible to obtain a patent for a [NEVER SEEN] wooden portable toilet paper tissue holder.
Stephen Kontos
Stephen Kontos
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

3 Answers | Asked in Entertainment / Sports, Patents (Intellectual Property) and Trademark for New Jersey on
Q: I have a LLC for 'clothing'. Do I need an additional LLC to trademark the same name for 'Entertainment' purposes?

Do I need two separate LLC's. When filing trademark should it be under the LLC or me as individual?

Peter D. Mlynek
Peter D. Mlynek
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.

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for New Jersey on
Q: How to find if the paper quill design is patented
Timothy John Billick
Timothy John Billick
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

1 Answer | Asked in Patents (Intellectual Property) for New Jersey on
Q: Can I patent a specific product in several different design shapes and sizes?
Peter D. Mlynek
Peter D. Mlynek
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

3 Answers | Asked in Patents (Intellectual Property) for New Jersey on
Q: How much would it cost to patent my face mask designs?
Bernard Samuel Klosowski
Bernard Samuel Klosowski
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

View More Answers

3 Answers | Asked in Copyright and Patents (Intellectual Property) for New Jersey on
Q: Where can I get a patent attorney?

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?

Barbara Berschler
Barbara Berschler
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

View More Answers

2 Answers | Asked in Patents (Intellectual Property) for New Jersey on
Q: Hey would like to get in touch with a IP Lawyer? I want to get this Patent
Darrin A. Auito
Darrin A. Auito
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.

View More Answers

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for New Jersey on
Q: Patent holder wants to block me from selling on Amazon similar product which everyone is selling for many years.

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

Marcos Garciaacosta
Marcos Garciaacosta
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

Q: Do I have a legal right to my registered trade name in my county where my trade name is registered? To prevent anyone

I need to know if I have legal right to prevent anyone from using my trade name? I sold my business but never sold the trade name for the business what are my rights for my trade name?

Tania Maria Williams
PREMIUM
Tania Maria Williams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2020

Usually, in the sale of a business, the sale agreement includes the goodwill of the business and its name. Your rights in the name will depend on what the agreement says as to ownership of the name. If, in fact, you did not sell the name, then your rights are dependent on how you are currently... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.