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Patents (Intellectual Property) Questions & Answers
0 Answers | Asked in Patents (Intellectual Property) for Oregon on
Q: Hey there! When is it legal to be the first product on the market? Is it via the patent or date of llc creation?

I have a supplement that I patented for microplastic prevention / although there are other businesses that have something similar, no one has claimed to be the first and my formula is unique and different from the competition's. How should I legally word being the first microplastic preventative?

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Need to provisional patent on a device for vision screening. How Do I file a provisionanl patent to build the POC?

The device is not been made yet. I need to file a patent right away. Is there a patent type that is relatively cheap so we can protect our intellectual property until we build a POC?

Peter D. Mlynek
Peter D. Mlynek
answered on Nov 11, 2024

A couple of points:

(1) Congratulations on worrying about patenting your device. Way too many people build the product, sell it, and then seek to get a patent, only to be told that it is too late.

(2) However, there is such a thing as trying to file a patent application too early....
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2 Answers | Asked in Patents (Intellectual Property), Trademark and Intellectual Property on
Q: Hi, I am trying to drop ship the nova bag from the website Wool & Oak. I don't know if the product is patent, trademark

I just want to know if I am allowed to drop ship this product and brand it after. Is it legal. So did Wool & Oak patent it or trademarked it or put copyrights on it. The product they sell is the only thing I care about. I won't take anything from their website

Sarah Teresa Haddad
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answered on Nov 3, 2024

The product is most likely subject to more than one form of Intellectual Property protection by its manufacturer or original owner: trademark (its brand), trade dress (protects the overall appearance of the product, including its size, shape, color, texture, and graphics), patents of any... View More

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0 Answers | Asked in Patents (Intellectual Property), Family Law, Education Law and Juvenile Law for Pennsylvania on
Q: Can the prosecution change the reason they took you to court after 3 appearances in front of the judge?

We were taken to court for truancy then after like 3 appearances my daughter was removed from our home by children and youth and a family court judge because she wasnt doing schoolwork. They said i wasnt providing her with an education shes 15 and in cyber school i provided her with the tools to... View More

2 Answers | Asked in Patents (Intellectual Property) on
Q: Patent 8728929 on 2014-05-20 What is the status of the patent at this moment. Thanks
Sean Goodwin
Sean Goodwin
answered on Oct 30, 2024

This patent is alive and active.

In general, patent terms expire 20 years from the date of filing. This patent was filed on December 17, 2010.

In some cases, the applicant can request a patent term extension. This applicant received an additional 66 days to its term.

This...
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2 Answers | Asked in Gaming and Patents (Intellectual Property) on
Q: Hi we would like to a patent our technology which allows in game betting for live poker. Also our dynamic odds engine.
Sarah Teresa Haddad
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answered on Oct 30, 2024

I have considered patent eligibility in the past for technology of games such as poker, and the technology and dynamic odds engine needs to contain elements that transform pre-existing processes of game betting for live poker (or abstract ideas) into a patent-eligible application. Please see my... View More

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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: I have a question about this law. Does it mean that if I have a patent, I can have it quieted and transfer title to me?

Mississippi Code 1972 (2023)

Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7)

Chapter 17 - SUITS TO CONFIRM TITLE OR INTEREST AND TO REMOVE CLOUDS ON TITLE (§§ 11-17-1 — 11-17-37)

Section 11-17-3 - Confirmation of state land patents

John Michael Frick
John Michael Frick
answered on Oct 22, 2024

That statute applies to land patents--not to intellectual property patents. Same word; two very different meanings.

A land patent is a document that transfer ownership of a parcel of land from the government to a private person.

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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for New Jersey on
Q: How can I register an idea?

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.

Alan Harrison
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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

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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: Do Patent Attorneys provide a free consult to determine if an idea is in conflict with an existing one similar in nature

I have done research and see that there is a patent on something similar to what I have developed but with some major differences.

Robert Kane
Robert Kane
answered on Oct 22, 2024

I am not a patent attorney, but I don't believe patent attorneys provide a free consult to determine if an idea is in conflict with an existing one similar in nature. That would most likely be part of their legal services. That task could be very time consuming.

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Michigan on
Q: So with all the patents discord has would it be legal for me to make my own messaging platform similar to discord or no
James L. Arrasmith
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answered on Oct 16, 2024

Discord holds numerous patents related to its messaging and communication features. Creating a similar platform without infringing on these patents could be challenging. You would need to carefully analyze Discord’s patented technologies to ensure your platform does not use the same methods or... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Ohio on
Q: I don’t want to infringe on this patent. If my system does not attach to shelf and does is not adjustable in depth would

Patent Claims

1. A method for wire shelf restoring by altering the visual aesthetics of a wire shelf comprising:

providing a top surface covering capable of defining a plurality of depth dimensions;

adjusting the depth of the top surface covering to a predetermined shelf... View More

Sarah Teresa Haddad
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answered on Oct 14, 2024

To directly infringe a method patent claim, a person must have practiced all the steps of the claimed methods. Hence, if the referenced method, is the full method in that particular claim, you will not infringe it if not all of these steps are carried out. If another party under your direction... View More

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1 Answer | Asked in Landlord - Tenant, Personal Injury and Patents (Intellectual Property) for Virginia on
Q: In the last 24 hours landlord put lock on basement door not upstairs door knowing I am disabled

Up the narrow dangerous steps. I was forced to leave he destroyed everything in the basement family heirlooms business inventory Etc

James L. Arrasmith
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answered on Oct 9, 2024

I'm really sorry you're going through this difficult situation. Given your disability, your landlord may have violated both state and federal laws by locking you out and damaging your property. It's important to document all the damage and any communications with your landlord as... View More

2 Answers | Asked in Patents (Intellectual Property) on
Q: I am one of the direct relatives of the Inventor. His son and grandsons are also still alive. Even though the patent is

probably expired, is there anything we can do with it?

Sean Goodwin
Sean Goodwin
answered on Oct 8, 2024

In a nutshell, the owner of a patent registration gets a 20 year monopoly (from the date the application was filed) in return for giving it to the public upon its expiration. Once it enters the public domain, anyone can make and use the invention.

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3 Answers | Asked in Patents (Intellectual Property) for Arizona on
Q: Can I file and receive a patent without retaining a lawyer? What would doing so entail ? How would I do this?

Just to tell you: I am no longer employed due to brain and spinal damage from being run over by a truck in 2018. (60% blind, memory damage, constant pain in back and legs, using a walker wherever I go, lethargy from the pain, insomnia)

I am curious about doing this as a hobby activity. I... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Oct 8, 2024

Sure, you can file a patent application, and there are plenty of help out there for pro se inventors. One of the best books on how to do this is "Patent It Yourself" by David Pressman from NOLO Press.

However, it is not easy to write a patent application, and it is even harder...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: I have an idea for a patent that is 100% my own. however a patent already exists which is SIMILAR but not the same.

my idea is about a self defense related device. i found out that a patent exists which is somewhat similar to my device but not the same. mine has a lot more features and a few major differences in the design and functionality itself. would i still be able to patent my invention?

Alan Harrison
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answered on Sep 28, 2024

Probably yes. Another important question is whether a design or utility patent on your invention would actually be useful to you as a business owner. This is something to carefully discuss with an experienced practitioner before jumping into the patent process.

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2 Answers | Asked in Employment Law, Intellectual Property and Patents (Intellectual Property) on
Q: If an employee creates an invention at home entirely and then brings it to work, who owns it?

The invention was rejected by employer. Later the invention was damaged in a fire at work but the employer reimbursed the employee as their personal belongings and told not to bring personal items to work again.

Kevin E. Flynn
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Kevin E. Flynn
answered on Sep 24, 2024

Greetings,

Your question seems like a patent question but it actually a state law question. It may hinge on your role at the company and any employment agreements you have. There may be special state laws that override the employment agreement.

So you will need to talk to an...
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1 Answer | Asked in Employment Law, Intellectual Property and Patents (Intellectual Property) on
Q: By signing the inventor declaration 37 CFR 1.63, does this mean the inventor agrees with all listed inventors on ADS?

The inventor has not seen the application or patent at the time of signing the 37 CFR 1.63 and does not know if other inventors are listed.

James L. Arrasmith
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answered on Sep 27, 2024

No, signing the inventor declaration under 37 CFR 1.63 does not necessarily mean that the inventor agrees with all the listed inventors on the ADS. The declaration primarily confirms that the signer believes themselves to be the original inventor of the subject matter in the application. It does... View More

2 Answers | Asked in Patents (Intellectual Property) on
Q: D1036058 what type of patent is this

Patent D1036058 is it a utility patent

Fabian Nehrbass
Fabian Nehrbass
answered on Oct 3, 2024

D1036058 is a design patent. Design patents begin with the letter "D".

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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: If this product was out before he applied for this patent. Can it still be awarded to him ?

Hoop nets have been around before this guy tried to patent them.

James L. Arrasmith
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answered on Sep 21, 2024

If the product, like hoop nets, was already publicly available before the individual applied for the patent, it can impact their ability to obtain the patent. Patents are generally awarded for new, non-obvious inventions. If the product existed beforehand, it could be considered prior art, which... View More

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