I made a crocheted design of the famous reversible octopus that I was hoping to sell but was told I couldn’t because the design is patented. But when I look on Etsy and Amazon, there are plenty of sellers selling products that are identical. How is that legal?
Maybe the patent owner licensed the design to a number of sellers. Or maybe the sellers buy the product from the patent owner. Or maybe the sellers on Etsy ignore the Cease and Desist letters. Of maybe the person who told you about that you could not sell it is wrong.
As you know, there are many legal hurdles that you need to deal with, including registering the business name, incorporation, zoning, health, hours of operations, employment, taxes, etc. You are to be commended that you are concerned about...Read more »
You can learn more about filing a provisional patent application at uspto.gov - there are many resources for inventors there. If you wish to do this yourself, you can use efs-web as an unregistered e-filer. Your documents should be in pdf format. Look into the requirements for micro or small...Read more »
Is it bad form in a patent drawing to show the invention being used so there is an understanding of how it works? I have a very simple tool to draw and it is probably not clear from just a drawing of the tool how it is used on a workpiece. If the drawings demonstrate the method of using the tool... Read more »
The reason why we have drawings in a patent is to communicate to the reader what the invention is all about. The drawings are there to support the claims. Whatever you claim, make sure that it is fully supported in the description and drawings.
I think that you are correct that many times...Read more »
Or is a red flag to Examiners so try to avoid it. Sometimes you cannot.
Not sure where you are getting the verbiage "or combination thereof" . That is not a standard way to write a claim. A quick search of US patents found many thousands with the word "combination"...Read more »
i have a product design that another company has marketed first. I can prove that I came up with the idea first. The other company's product does the exact same thing in the same way, only I am unsure as to it's inner mechanics making it do so. can that be enough for the other company to... Read more »
It does not matter whose idea it was. A person gets a patent on an invention, not on the idea. They could have come up with the idea subsequent to you, or they could have just copied your idea, it does not matter, you do not have any rights to protect.
My husband is applying for a patent and my in-laws are funding it. I do not get along with my in-laws and they want me to sign a disclaimer of rights or they won't help. They say it's just a formality for the patent application and llc. I think its a way to cut me off from any future... Read more »
I have jars that are filled with dirt, vermiculite, and perlite. They are made "sterile" by pressurizing them. Before sterilization, there are holes nailed into the lids of eight ounce Ball Jars and foil placed. They are then ready for innoculation after pressure cooking.
It takes a lot of things to bring a new product to market. It takes recognition of an unmet need and a thought on a possible solution. It takes the technical skill necessary to produce a prototype. It takes the technical skill to figure out how to economically make the product and this often...Read more »
I understand that a pavers and bricks have been around for eons and in and of itself may not be able to be patented. The idea I have has a unique feature that would allow meaningful integration into many different paving options. I think I need to speak to a patent or trademark attorney before... Read more »
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