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Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for New York on
Q: I want to use a name that's trademarked under the entertainment/toys section, for my new tech company - am I allowed to?
James L. Arrasmith
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answered on Mar 3, 2024

Using a name that is already trademarked in one category for a new company in a different category, such as from entertainment/toys to tech, might be possible, but it depends on several factors. Trademarks are generally sector-specific, meaning that protection typically extends only to the same or... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Washington on
Q: My father invented something held patent from 1968 though 1983 his idea was taken what can I do dad died
Peter D. Mlynek
Peter D. Mlynek
answered on Feb 28, 2024

Sorry, but there is really not much that can be done now.

Firstly, patents expire. When a patent expires, the owner is not able to enforce it anymore. Your father's patent, if i issued in 1968, would have expired in 1985.

If the patent expired in 1985, and if someone...
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1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: We had applied a patent before many years ago by Mitsubishi Could you please help me for what happened
James L. Arrasmith
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answered on Mar 4, 2024

To find out the status of a patent application submitted through Mitsubishi or any other entity, you have several options to explore. Initially, you can check the public databases provided by patent offices, such as the United States Patent and Trademark Office (USPTO) in the U.S. or the World... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Kansas on
Q: Is it legal for someone to make you sign over your invention when you were not mentally stable , coming out of a coma?

Their business partner went to them the day they came out of a comma , and had them sign over the invention in which the patient held the patent, to when he was not mentally stable, and was promised royalties to in which he has never seen them. Then the partner sold the invention even though he... View More

James L. Arrasmith
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answered on Feb 27, 2024

If someone was made to sign over their invention while not mentally stable, especially coming out of a coma, the legality of such an agreement is highly questionable. The law generally requires that for a contract to be valid, all parties must have the capacity to understand the terms and the... View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Utah on
Q: how are people able to sell a product even though it has a patent design?

Lot of people are selling different versions of a selfie stick, how are they able to even though there is a patent?

Peter D. Mlynek
Peter D. Mlynek
answered on Feb 24, 2024

I do not know what patents cover selfie sticks, but generally when someone says that they have a patent for product, they typically have a patent on only certain kind of a product.

So, for hypothetically, a "selfie stick patent" may claim a selfie stick that attaches the camera...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Can one file for a patent after letting a previous application lapse?

My spouse filed for a patent on an invention and began selling it with 'patent pending' more than one year ago. She let the application lapse because it was not selling well. Now, it suddenly started selling. Is there any way to protect the invention?

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 22, 2024

It is possible. You will need to consult with a patent attorney and go through the dates of specific events.

If your first patent application (possibly a provisional application) was filed long before any of the time bar triggers (public sale or offer for sale, public use, public...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Colorado on
Q: I am creating a competitive collapsible water bottle to Hydrapak LLC - I want to understand what design limits I have

NA

James L. Arrasmith
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answered on Feb 23, 2024

When creating a competitive collapsible water bottle similar to Hydrapak LLC, it's essential to consider several factors that may limit your design. Firstly, you should carefully examine any existing patents or intellectual property rights held by Hydrapak or other competitors in the market.... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for New York on
Q: How unique does a product need to be to get a utility (or design) patent?

I have an idea for a new application of an existing product. Moreover, I found 2-3 existing patents that are similar concepts but different applications.

Would I be able to get any type of patent?

James L. Arrasmith
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answered on Feb 25, 2024

For a product to qualify for a utility patent, it must be novel, non-obvious, and useful. This means your idea must be significantly different from any existing products or patents, offer a new way of doing something, or provide a new technical solution to a problem. The presence of similar... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: Company holds valid Process Patent in U.S. Canadian Company using process in Canada.

Canadian Company obtaining benefit from process and selling product back into U.S.

Is Canadian Company infringing on U.S. Patent?

James L. Arrasmith
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answered on Feb 25, 2024

If a company holds a valid process patent in the U.S., and a Canadian company uses this patented process in Canada to produce a product that is then sold back into the U.S., there could potentially be an infringement on the U.S. patent. U.S. patent law protects against the unauthorized use, sale,... View More

1 Answer | Asked in Copyright, Gaming, Intellectual Property and Patents (Intellectual Property) for Tennessee on
Q: The game that I've created has many businesses that reflect real businesses. Logos and names changed. Is this legal?

I'm a Game Developer and my game contains many businesses that reflect those of real life. For example, there is a fast food restaurant called TFC that has a black and white logo of a cowboy. This virtual location looks similar to KFC, using a similar font and color pattern. Will I get in... View More

James L. Arrasmith
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answered on Feb 21, 2024

Using businesses in your game that closely resemble real-life businesses, including logos and names changed, can potentially raise legal issues related to trademark infringement and intellectual property rights. While your game may not be centered around these establishments, if the similarities... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Georgia on
Q: I have developed a math puzzle game. I want to copyright) patent it, or sell to game manufacturer or media house. Advise
James L. Arrasmith
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answered on Feb 21, 2024

To protect your math puzzle game, you have a few options. Copyright would protect the specific expression of your game, such as the artwork, design, and written instructions, but not the underlying idea or concept. Patenting your game could protect the idea or mechanics behind it, but this can be... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: Does the following mean the priority date is Aug 9, 2014? Anyway to get a copy of the provisional?

"This application is a continuation-in-part and claims benefit of U.S. patent application Ser. No. 14/821,555, filed Aug. 7, 2015, which is a non-provisional and claims benefit of U.S. Provisional Application No. 62/035,412, filed Aug. 9, 2014, the specification(s) of which is/are incorporated... View More

James L. Arrasmith
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answered on Feb 21, 2024

Yes, your understanding is correct. Breaking this down:

- The application claims priority and benefit back to a provisional application filed on August 9, 2014.

- This establishes August 9, 2014 as the effective priority date for assessing patentability, including the novelty...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Maryland on
Q: I need help selling this patent. Do you know a company that will take on a single utility patent to sell? US 9968703 B1
James L. Arrasmith
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answered on Feb 23, 2024

There are companies and individuals who specialize in patent brokering and licensing, assisting patent holders in selling their patents to interested buyers. These entities typically have networks and connections within industries relevant to the patent's technology, allowing them to identify... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Virginia on
Q: Good morning-can I reestablish a patent that I submitted to the patent office?

patent number-420070276359

James L. Arrasmith
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answered on Feb 25, 2024

Once a patent has been submitted to the patent office and granted a patent number, it typically cannot be reestablished. The patent office grants patents based on the novelty, usefulness, and non-obviousness of the invention at the time of submission. If your patent application was rejected or... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: I need to know whether my company can have the right to use a patent and whether we need to pay fee for the inventor?

My buisness in in the feild of water flteration system

James L. Arrasmith
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answered on Feb 21, 2024

Determining whether your company can use a patent for a water filtration system depends on several factors. Firstly, you need to identify if the patent is relevant to your business's operations and if it covers aspects of your filtration system. If the patent aligns with your technology, you... View More

Q: What are the implications of operationalizing the US patent in a different country?

I can't find an interested and reliable party in US to act as 1) investors 2) manufacturers 3) medical administrators

However, I might be able find all this partnership in a different country.

What should be done from the legal stand point to:

1) protect this invention... View More

James L. Arrasmith
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answered on Feb 4, 2024

To protect your invention, which is patented in the United States, when operationalizing it in another country, it's important to secure patent protection in those specific countries where you intend to manufacture, sell, or otherwise commercialize your invention. Patents are territorial,... View More

1 Answer | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Alabama on
Q: Is it permissible under copyright law to screenshot Google Street View imagery of a house I grew up in for memories?

What about if the images contain someone's car or any trademarks? Does this action infringe on any IP, such as design patents, patents, copyrights, trademarks, etc.?

James L. Arrasmith
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answered on Jan 29, 2024

Under copyright law, using a screenshot of Google Street View imagery for personal, non-commercial purposes, like reminiscing about a house you grew up in, generally falls under fair use. However, it's important to be mindful of how you use these images, especially if you decide to share them... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Oregon on
Q: Hi, Can a person sue another for a design infringement without having a design patent?

If the products looks similar but both were designed based on prior art teachings. While the accused product is not using any logos/name/images of the first. And the accused product has feature(s) to specifically tell the ordinary observer (both visually and in description) that there is this... View More

James L. Arrasmith
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answered on Feb 25, 2024

Yes, it is possible to sue for design infringement even without having a design patent. Design infringement claims can be based on various legal grounds, including trade dress, copyright, and unfair competition laws. However, the success of such a lawsuit would depend on the specific circumstances... View More

1 Answer | Asked in Family Law and Patents (Intellectual Property) for Georgia on
Q: Can a family who owns a sugar cane farm, patent, and license their product?

We have a generational family land, that our family has used and incorporated sugar cane into a lifestyle for a lot of families in Georgia. The land is worth a fortune, but looking to license is the best route.

Adam W. Bell
Adam W. Bell
answered on Jan 20, 2024

Unless you have produced a new crop variety, then very probably , no.

The best way to go to protect your brand is trademark.

There are other options.

This is complecatted stuff. You need to talk with a proper IP attorney.

Good luck.

Adam Bell

www.bell-iplaw.com

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: What size of electrical plug does it take for patent number 400,168 battery charger?
Adam W. Bell
Adam W. Bell
answered on Jan 18, 2024

Plug size is not related to the patent.

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