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.
In any case, if... Read more »
Congratulations on starting a new business!
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 »
I have seen many of these types of ice cube bags sold on amazon, but I want to clarify if I can fill them with my liquid and sell them.
To conduct a worthwhile patent analysis, please provide an experienced patent attorney with product photos or samples along with the patent(s) at issue.
Your question is unclear if you are making, using, selling, or offering for sale a patented invention.
It's a safety system for school buses
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 »
Your question is not clear. Please re-phrase.
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.
The only way that you could sue them... Read more »
I forgot to pay the fee
There are a lot of fees in the process. However, if the fee that you mean is the periodic maintenance fee to keep an issued patent from expiring, you may be in luck.
Many new patent owners forget to pay this fee. If the failure to pay this fee was unintentional as you forgot that you... Read more »
I contracted with him in San Diego in the early 2000s.
I don't know, but he is no longer listed as a patent agent or a patent attorney on the USPTO's Office of Enrollment and DIscipline's website. https://oedci.uspto.gov/OEDCI/practitionerSearchEntry
This would indicate that he is no longer available for business.
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 »
This really has to do with inheritance rights. I've never encountered it in my practice as a patent attorney. And yes, it sounds like they want to cut you off from any future profit.
I am not suggesting that they are somehow evil people that try to cut off their daughter in law.... Read more »
The original patent application is over 20 years old.
No. If it was published, then anyone can use it. Nobody can get a patent because (a) it is not new, and (b) they did not invent it.
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.
Yes, there are patents on mushroom growing substrates. I remember running across some of these many years ago.
But dirt, vermiculite, and perlite are substances that have been used in horticulture for generations. Sterilization of growing substrates has also been done for decades. Based... Read more »
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So sorry, your question was posted to PATENTS / INVENTIONS by mistake, you may want to change the topics associated with this question. I hope you find the answers you need.
Kevin
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 »
Yes, it could be patentable.
What I mean is that this is the type of thing for which patents are awarded (i.e., it is "patent eligible subject matter").
The problem is that it may be difficult to get a patent, because it may seem obvious to the patent office. Without... Read more »
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