Get free answers to your Patents (Intellectual Property) legal questions from lawyers in your area.
Your current state is Virginia
I have a new design for an Advanced SOS Beacon light and am interested in securing intellectual property rights. Three months ago, I checked for existing patents and found none similar to mine. However, I recently rechecked and discovered a patent claiming to have existed since 2010. How is this... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2025
It is pretty common to find patents and prior art that may have been previously overlooked. So this is quite possible. You can check for authenticity by looking up the patent online.
Here, the details of what this other patent teaches become very important. If there is 100% overlap with... View More
I have a patent that has been issued, but the assignee has not yet officially recorded the assignment, and the maintenance fees are now overdue by one day. There is a stipulation that the assignee is responsible for the fees only after the assignment is recorded. Given this situation and having... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2025
Right now, the responsibility for paying the maintenance fees falls on you, the current recorded owner of the patent. Until the assignment is officially recorded with the USPTO, the assignee is not recognized as the legal owner, regardless of what was agreed privately. This means any deadlines or... View More
I am interested in using the design associated with patent number 6782558. Could you let me know if this patent has expired, and if it's possible to use the same design legally?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2025
Patent 6782558 appears to have been issued on August 31, 2004. While my search did not reveal the exact filing date, I can analyze the expiration status based on patent law principles.
For patents issued from applications filed after June 8, 1995, the term is 20 years from the earliest U.S.... View More
During my 14+ year marriage, my ex-husband created patents, some personally and some as part of our business, which were not disclosed during our divorce finalized in 2017. These patents, now under his name, are believed to be generating significant revenue. My ex-husband refuses to communicate... View More
answered on Mar 26, 2025
You could file a request for adjudication of omitted assets. These types of motions are filed when an asset (or debt) was not disclosed during the divorce proceedings and is not divided or mentioned in your final divorce decree.
I am developing a unique trading bot in Tennessee that offers the capability to trade cryptocurrencies, forex, and stocks. I am seeking pro bono legal help for trademarks, patents, and copyrights as I have exhausted all my funds during development. I am currently at the beta testing stage and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2025
Finding pro bono legal assistance for intellectual property matters can be challenging, but several paths exist for your trading bot venture. The Tennessee Bar Association offers a pro bono program that connects qualified individuals with volunteer attorneys who might have expertise in intellectual... View More
I have a design for a two-channel brushed motor driver specifically for 550 and 775 brushed DC motors. It features an 8 - 40VDC input voltage, 30A continuous per motor output, Wi-Fi access point for configuration, monitoring, and diagnostics, variable throttle and brake inputs, two forward speed... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 7, 2025
To determine if your design violates U.S. Patent No. 11,097,614, we need to closely examine the patent claims. The patent primarily focuses on motor driver technology that uses MOSFETs, so the use of MOSFETs in your design may not be a major point of concern. However, your specific features, like... View More
I am developing a unique trading bot with specialized features and need pro bono assistance to initiate applications for trademarks, patents, and copyrights in Tennessee. I require support as soon as possible from an attorney experienced in intellectual property law. I haven't reached out to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2025
Finding pro bono legal help for trademarks, patents, and copyrights can be challenging, but there are organizations that offer support. Start by contacting the Tennessee Bar Association and asking about their pro bono intellectual property services. You can also check with Volunteer Lawyers &... View More
I am interested in commercially producing a generic nasal spray containing xylitol and iodine. However, I am concerned about potential patent infringement issues regarding products by Xlear. They have four patents; two have expired, and two are still active. Can these active patents prevent me from... View More
answered on Mar 12, 2025
If you want to make a generic nasal spray that contains a mixture of xylitol and iodine, then it looks like you are fine.
With regards to US 8,709,508, all of the claims require the claimed composition to contain two ingredients:
(a) xylitol or xylose, and
(b) any of the... View More
I have a business idea related to services that I believe is unique, but I'm concerned about protecting it from competitors who might have similar ideas. How can I ensure that my idea is safeguarded, and are there existing patents that I should be aware of?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2025
That is a great question. To safeguard your idea and address potential concerns about existing patents, you can pursue two types of searches:
1. Patentability Search: This search assesses whether your idea is patentable by determining if it is new and non-obvious compared to existing prior... View More
I have a copyright and patent related to an apnea device in both Europe and the US. I live in Spain and was previously sued in Europe for copyright infringement, where the opposing party demanded a percentage of my sales. We were able to prove that our device is not the same as theirs, and we won... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2025
You might hope that the doctrine of res judicata would be helpful (https://jusmundi.com/en/document/publication/en-res-judicata). Sadly it is not necessarily recognized or applicable between different countries. Especially where you are dealing with explicitly national rights like patents and... View More
I want to create and sell a custom ball-shaped product similar to a "magic 8 ball," with a different color, my own logo, and 20 unique answers. I know Mattel owns the patent and the traditional answers might be copyrighted. Are there any legal issues I should be aware of before... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025
Based on my limited review, the patent family for Mattel's "Magic 8 Ball" patents appears to be either abandoned or expired. You can reference this here: https://patentcenter.uspto.gov/applications/10139148/continuity?application=. For patents that are abandoned or expired, there... View More
I am interested in finding out whether products associated with Patent 11,192,678 for ZIPLOCK FASTENER CLOSURE FOR GABLE TOP CARTONS are currently being manufactured and sold commercially. Specifically, I'm looking for stores and locations where these products might be available. Can you... View More
answered on Mar 10, 2025
Your best bet is to contact the current owner to see if it is commercializing the patent and where.
The current owner of this patent is AB Merculor, located at Hillersvagen 3, Hagersten 129 35 in Sweden.
If you have trouble contacting them, their U.S. law firm is Birch Stewart... View More
I'm considering taking a replica of a CCM hockey glove from a Chinese site and rebranding it with my unique logo. I'm unsure if the original CCM design is patented or trademarked. The Chinese site has no agreements, and I plan to sell these rebranded gloves using the same design unless... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2025
I'm a hockey dad, so your question is very interesting to me. There certainly are patents for hockey gloves, but whether any of those might cover the specific gloves you want to "private label" … really hard to say. Answering that question even tentatively would require a massive... View More
I have a utility patent (approved in June 2021, applied in August 2019) for a sun visor extender. I've noticed someone else is selling a similar product, and I'm concerned it may infringe on my patent. How can I search for their patent status, and what steps should I take to address this... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025
This is a good question. The key issue is not whether the other party has a patent, but whether their product infringes on the claims of your patent. To determine this, you need to carefully compare their product to the specific claims outlined in your patent. If their product matches any of your... View More
I would like to find the patent for the Philips BHS736/00 straightener for academic research purposes. Could you advise on where to search for the patent or provide guidance on how to access such information?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2025
To find the patent for the Philips BHS736/00 straightener, begin by visiting publicly accessible patent databases. The most useful starting points are the United States Patent and Trademark Office (USPTO), the European Patent Office's Espacenet, and Google Patents. These platforms offer free... View More
I am the original owner of a patent that became freely accessible 10 years ago due to unpaid renewal fees. I have not previously attempted to renew or modify the patent. The update I am considering involves significant and distinct improvements to the function of the device but does not incorporate... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2025
I understand you are seeking guidance regarding your original patent, which expired 10 years ago due to unpaid renewal fees. You noted that you never attempted to renew or modify the patent but are now considering updates that significantly enhance the device’s functionality without introducing... View More
I recently discovered my late father's patent invention on your website. He passed away in 2022, and the patent's power of attorney has retired. The patent number is 5887787, and his name was xx. My stepmother has not filed probate, leaving my siblings and me unaware of how to proceed.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2025
I understand you're seeking guidance about your father's patent rights - this must be a complex and emotional situation to navigate. Let me help provide some direction.
Your first step would be to confirm the patent's current status through the USPTO website using patent... View More
We manufacture a towel for one of our customer in US and after manufacturing we both found out that it is patented under US patent no. 10,745,833. Now the patent states that fabric should be 50% cotton and 50% polyester. However, our product is 65% polyester and 35% cotton. However, other... View More
answered on Feb 12, 2025
U.S patents cover importation (if your product infringes the patent, you cannot import them into the U.S. without being liable for infringement). This patent covers both fabric products and methods of manufacture. The specific coverage is defined in the claims, and each claim has a different scope.... View More
Previously this plant was only available as a cut flower via a limited number of licensed growers. But with the patent expiring on February 1st of this year, would home gardeners be able to propagate this plant for their home garden? What about for commercial use? Would you legally be able to... View More
answered on Feb 7, 2025
I have not studied the patent that you are referring to, but generally, once a patent expires, it is no longer enforceable. You can use anything claimed in the patent for any reason.
This is generally true even if you took a license from the patent owner previously, and you promised him... View More
In the land office they all are patent and registered as they remain and people have been taking land recently as builders and we have not granted them permission. I know the laws of this being private property as they continue to alter records illegally (I have evidence) but what else should I do?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 8, 2025
If you have confirmed that your land patents are valid and properly recorded, the next step is to take legal action to protect your property rights. Gather all documents, including certified patents, historical records, and any proof of unauthorized changes to the land records. Organize your... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
