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
Washington Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for Washington on
Q: Are there any problems caused by me paying my 11.5 year patent fees, rather my lawyer? It looks easy, lawyer wants $700
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2024

If you decide to pay your 11.5-year patent maintenance fees yourself rather than having your lawyer do it, there are generally no problems as long as you follow the correct procedure. The process may seem straightforward, but it's crucial to ensure that you meet all the deadlines and provide... View More

1 Answer | Asked in Patents (Intellectual Property) for Washington on
Q: I am looking for case details of Diamond v Diehr 450 U.S. 175, 185 (1981). How can I get it?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2024

To get the case details of Diamond v. Diehr, 450 U.S. 175 (1981), you can access various legal research platforms. Websites like Google Scholar, Justia, or FindLaw provide free access to U.S. Supreme Court cases. Simply search for "Diamond v. Diehr 450 U.S. 175" on these sites, and you... View More

1 Answer | Asked in Patents (Intellectual Property) for Washington on
Q: Does the Sanas Patent prohibit the creation of any real-time accent-transforming ai?

In reference to the Real-time accent conversion model patent.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 2, 2024

To provide an accurate answer to this question, I'd need to review the specific claims of the Sanas patent you're referring to. Patents can be complex legal documents, and their scope of protection depends on the exact wording of the claims. Without seeing the patent, I can offer some... 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...
View More

View More Answers

1 Answer | Asked in Patents (Intellectual Property), Intellectual Property and Trademark for Washington on
Q: How much would it cost to take over the Trademark patent since it was abandoned for a product/Business I create?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

Taking over an abandoned trademark requires filing a new application with the United States Patent and Trademark Office (USPTO). The cost is determined by the type of application you file and any associated legal fees. If you're represented by counsel, their fees will vary based on their... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Washington on
Q: solawave patent

is the actual product SOLAWAVE 90185508 sells patented - or can another company sell the same product with different branding?

Eric Estadt
Eric Estadt
answered on Jun 22, 2023

The product shown in trademark registration number 90185508 for SOLAWAVE appears to be registered as a design patent under D968633 for SKIN TONING DEVICE. Thus, a third party could not simply market an identical product under a different brand name without risking infringement of Solawave's... View More

3 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Washington on
Q: I want to know what I could do to make my Idea safe? It’s Build a Bong, similar to today’s Build a Bear but this is 420.

Do I need patent?

N'kia (NLN)
N'kia (NLN)
answered on Apr 1, 2023

Generally speaking, "patent" applies to inventions; "trademark" applies to names, taglines, logos, and other things that identify the source of a specific product or service; "copyright" applies to original works of authorship; and "trade secret" applies to... View More

View More Answers

2 Answers | Asked in Patents (Intellectual Property) for Washington on
Q: Is it legal to add 2 people to my patents who now claim to be inventors when I was the listed0 on my patents for 8 yrs
Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Sep 14, 2022

The question of inventorship is actually a legal question, so ultimately anyone who should legally be listed as an inventor *must* be listed as an inventor. If inventorship is found to be incorrect, the patent itself could be in jeopardy. There are procedures available for making these corrections.... View More

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for Washington on
Q: Hi, I have an idea for patenting, similar to #5857273. I am wondering how to pull up the drawings for it? And if expired

how to find out if a patent is expired and if I can put a patent pending on something similar?

Stephen E. Zweig
Stephen E. Zweig pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2022

One easy way is to look up the patent at https://patents.google.com/ . Then, for a US patent, put a US in front of the number such as US5857273. Google will fetch the patent and also let you know if it is expired or not (it is).

To get your own patent in the same topic, you will have to...
View More

Q: Can this device be re-patented and re-made since the devices patent is expired
Peter D. Mlynek
Peter D. Mlynek
answered on Mar 29, 2022

No.

The idea behind a patent is that the inventor discloses the invention, and in turn, the government gives the inventor something of value: the ability to keep others from using the patenting invention for a limited time. After the time runs out, anyone can use that invention.

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for Washington on
Q: Patent: I want to patent a projectile based off the 9mm luger. Can I patent a projectile using the same dimensions?

The impact lead has on shooting ranges is devastating to the local environment. The goal would be to produce ammunition that could be used in common calibers. This ammunition would comprise of materials that could be broken down naturally and with low to no impact on the environment and ground... View More

Carl Massey Jr
Carl Massey Jr
answered on Aug 2, 2021

Sounds like the composition of your projectile is what will be relevant. Dimensions would not seem to be the issue. If you're projectile composition is novel and nonobvious, then you may be able to obtain a utility patent. I'd be happy to discuss.

1 Answer | Asked in Patents (Intellectual Property) and Products Liability for Washington on
Q: So I am starting a drop shipping company and have found various products infringing on patents on Amazon. Is this ok?

I am wanting to sell a glow in the dark dog leash but there is a patent, however I have found various ones on Amazon infringing on the patent because they are not the same product just extremely similar so can I sale the leash myself?

Kathryn Perales
Kathryn Perales
answered on Dec 21, 2020

You should not sell any products that infringe on valid US patents. Figuring out whether or not the product you want to sell infringes on a given patent is sometimes a tricky thing to figure out.

Though I haven't read the patent you're referring to, I think it unlikely that it...
View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Washington on
Q: I am trying to create my own gum and mint that has caffeine, l theanine and other Supp. How does this patent affect it?
Timothy John Billick
Timothy John Billick
answered on Sep 28, 2020

Without knowing what patent you're referring to, I can't answer this question fully. However, you can create various search terms around these elements if you utilize Google Patent Search, the USPTO database (PatFT), and the WIPO patent search database (patentscope) to get you in the... View More

1 Answer | Asked in Patents (Intellectual Property) for Washington on
Q: How do I protect my invention /concept from being stolen when I am looking for investors.

I know thats what patents are for but I dont even have the funds for that.

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 22, 2020

This is a very common question. Unfortunately, there is no good answer to it.

You really need to come up with the money to have a patent attorney prepare and file a patent application.

1 Answer | Asked in Patents (Intellectual Property) for Washington on
Q: My patent attorney submitted wrong application to USPTO! Is this a malpractice case? Can I at least ask for a refund?

In 2016, I hired a patent attorney in 2016 to file, prosecure my invention. It was a tedious process; after repeated meetings, he prepared the first draft of the application. Thru a back-and-forth process, I revised his first application draft more than half a dozen time. Now, it turns out that... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Dec 20, 2019

Wow, what a nightmare. I am so sorry that this type of thing happened to you.

Your first patent attorney sounds like he did not know what he was doing. Typically, one or two meetings are more than sufficient; generally, there is little reason for an in-person meeting anyway. Although...
View More

2 Answers | Asked in Patents (Intellectual Property) for Washington on
Q: Tracking patent application after changing jobs

Hi,

My employer had filed a patent in 2017, where I was one of the two inventors. I understand the ownership of IP is with company, but I want to find out how do i even track the patent application status. The application was filed in 2017 and I believe it would have been through private... View More

Peter D. Mlynek
Peter D. Mlynek
answered on May 31, 2019

It should have been published by now. Patent applications are generally published 18 months after submission of the application, but in some cases, the applicant can ask that the application not be published.

Because sometimes Google patents and other services are months behind, you need...
View More

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for Washington on
Q: For family history I want to verify my father Roy K Runyon had a patent in the 1930's for an oil bath air cleaner AUTOS

The company original company was C.R.C. Air Cleaners, in Spokane Washington, where the first ones were produced for automobiles. There was another company that produced the first ones. Inventor was Roy Kendall Runyon, my father. First produced in Spokane Washington, 1930's. My father later... View More

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 22, 2019

Take a look at https://patents.google.com/patent/US1788410A/en?oq=US1788410A

There may be other patents in this family but this should get you started. It is hard searching back that far as many of the tools focus on just the last few decades.

I hope this helps.

Kevin E Flynn

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Washington on
Q: Do you know anything about these pattends ? Where are the loop holes or?

Im looking to start my own company in trip hazard removal but it seems they have pattebded alot of things on it what exactly are there pattends for and what do they mean in other words what do i follow so i dont use any of there pattends

Peter D. Mlynek
Peter D. Mlynek
answered on May 11, 2019

There are no easy answers to your question. You need to hire a patent attorney to guide you through this.

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Washington on
Q: Are provisional patents for design?

Competitor claims they have a provisional patent for all but color change of an (my) existing product. I thought provisional patents were for utility only. Could they be lying? How do I find out?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Apr 26, 2018

A provisional patent application is for a utility patent but one can file a design patent application as a continuation of a utility patent application so there is some small chance that they could end up with a design patent from an initial provisional patent application.

Generally a...
View More

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Washington on
Q: I’m trying to determine if this patent is what I’m looking to create - https://patents.justia.com/patent/8656283

I’m looking to create a mobile program that allows kids to create their own stories by supplying them with art assets and allowing them to write in text. If this patent is that exact thing, is there a way around creating that or am I completely blocked on making this program? When does the patent... View More

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 7, 2017

Thanks for caring enough about doing the right thing to ask a question. The technical term for what you are asking is called freedom to operate (FTO) or sometimes "clearance". You are asking whether there are concrete legal rights that exist that would impinge on your freedom to operate... View More

View More Answers

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.