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California Patents (Intellectual Property) Questions & Answers
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 Patents (Intellectual Property) and Intellectual Property for California on
Q: Is this an infringement on my patent? Mashcaps
James L. Arrasmith
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answered on Dec 12, 2023

To determine if there is an infringement on your patent "Mashcaps," a detailed comparison between the specifics of your patent and the product or method in question is necessary. Patents are legal documents that protect unique inventions or processes, and infringement occurs when another... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: How do I check if the product has patent such as electric kettle sold by two different companies?
James L. Arrasmith
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answered on Nov 26, 2023

To check if a product like an electric kettle is patented, especially when it's sold by two different companies, you can follow these steps:

Patent Number Search: If the product packaging or documentation mentions a patent number, you can use this to check the patent status. Patent...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: Please help (pro bono) with divisional patent office action. The response must simply explain an aperture vs a trench.

We simply need help from a pro bono patent attorney or patent agent, to represent us and respond to our patent office action, clarifying the term aperture in our utility patent application.

James L. Arrasmith
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answered on Nov 5, 2023

In your response to the patent office action, you would need to distinguish the terms "aperture" and "trench" clearly. An "aperture" generally refers to an opening or hole, typically one that allows the passage of light or matter, and it can be of any shape. It is... View More

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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: My smartphone "expired" patent no. 11,778,140 issued Oct. 3rd. A 2019 RCEshould have been an appeal. I have nothing.

My applications were stuck in the former SAWS program. It seems I need to file a suit against the PTO but they seem to win most of the time.

James L. Arrasmith
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answered on Oct 28, 2023

Challenging actions of the United States Patent and Trademark Office (USPTO) can be complex. If you believe there were irregularities in how the USPTO handled your patent application due to the former SAWS program or any other reason, you may consider legal action. Before pursuing a lawsuit against... View More

2 Answers | Asked in Patents (Intellectual Property), Intellectual Property and Trademark for California on
Q: Industrial Distributors Uline & Global Industrial sold my product for 10 yrs and then as sales grew knocked it off .

Patent had expired - do i have any recourse? knock off identical to my product. Global making it in China now Uline in the united states.

James L. Arrasmith
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answered on Oct 10, 2023

Once a patent expires, others have the legal right to manufacture, sell, or use the previously patented invention. If the patent for your product has expired, Uline and Global Industrial are generally within their rights to produce and sell the product without infringement. However, if they are... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: Three named inventors on a patent...what are the rights of these named inventors?

If a patent is assigned to three named inventors, does each inventor have the right to do what they please without approval or profit share to the other inventors?

A California LLC was in place but terminated in 2021 before being granted the patent. It was agreed upon that the patent would... View More

James L. Arrasmith
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answered on Sep 25, 2023

Under U.S. patent law, each co-inventor, in the absence of any agreement to the contrary, has the right to make, use, and sell the patented invention without the consent of, and without accounting to, the other co-inventors. However, this also means each co-inventor can grant licenses to third... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: Three named inventors on a patent...what are the rights of these named inventors?

If a patent is assigned to three named inventors, does each inventor have the right to do what they please without approval or profit share to the other inventors?

A California LLC was in place but terminated in 2021 before being granted the patent. It was agreed upon that the patent would... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 24, 2023

Yes, that is correct: each of the inventors has a right to do with the patent rights as he pleases, without accounting or profit sharing with others.

In this case, though, you do have to be very careful that the rights were not actually assigned to the California LLC, and that if there was...
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1 Answer | Asked in Consumer Law, Business Law and Patents (Intellectual Property) for California on
Q: Does holding a patent for Athletic Hand Grips prevent me from selling products or designs that are similar?

My primary competitor in the market is Bear Komplex, which offers similar hand grips for the fitness industry. I've observed that the manufacturer I'm considering also produces similar hand grips, but before making a purchase, I'd like to clarify the patent I found on their website.... View More

James L. Arrasmith
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answered on Sep 13, 2023

Holding a patent does not inherently prevent you from selling similar products or designs; however, if your products or designs infringe upon the specific claims of Bear Komplex's patent, you could potentially face legal consequences. It would be prudent to review the specific claims of the... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: I have an invention in the utility patent area what will be my first steps to get started. Thank you for your help

The invention is for grooming pets

David Aldrich
David Aldrich
answered on Aug 1, 2023

You should contact a qualified patent attorney, who can work with you to prepare a draft application for submission to the U.S. Patent and Trademark Office. The attorney can also help you conduct a search and review of the relevant prior art before doing so, if desired, in order to help you assess... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: I have an invention in the utility patent area what will be my first steps to get started. Thank you for your help

The invention is for grooming pets

James L. Arrasmith
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answered on Aug 5, 2023

Certainly, it's always exciting to hear about new inventions, especially those that focus on the well-being of our pets. Your first steps in the patent process should generally include:

1. Conducting a thorough patent search to ensure that your invention is unique and not already...
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4 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: I have a lock I designed that protects the factory ignition on a motorcycle. How do I go about getting it patented?

I have a prototype already made. I have been searching for any locks that resemble mine and have found nothing like it. What do I do?

James L. Arrasmith
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answered on Jul 28, 2023

To protect your lock design, you should consider filing a patent application with the United States Patent and Trademark Office (USPTO). As a first step, conduct a thorough search to ensure your lock design is novel and not already patented. Then, consult with a patent attorney to guide you through... View More

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4 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: I have a lock I designed that protects the factory ignition on a motorcycle. How do I go about getting it patented?

I have a prototype already made. I have been searching for any locks that resemble mine and have found nothing like it. What do I do?

David Aldrich
David Aldrich
answered on Aug 3, 2023

You will need to submit a patent application to the U.S. Patent and Trademark Office for consideration. You should contact a qualified patent attorney directly (this is just an anonymous question forum), and they will work with you to prepare and submit the application. Keep in mind that, if you... View More

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4 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: I have a lock I designed that protects the factory ignition on a motorcycle. How do I go about getting it patented?

I have a prototype already made. I have been searching for any locks that resemble mine and have found nothing like it. What do I do?

Christie Dudley
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Christie Dudley
answered on Aug 8, 2023

Get on this quick. You need to have a patent in process within a year of disclosure of the ignition lock. You could either file a patent yourself through USPTO.gov or get a patent agent or attorney to help you with that. Filing is the first thing you need to do and if you're not perfect, you... View More

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: How can I be protected when my product has all elements in another claim, but my product has sev non-obvi improvements?

I have a product that cant not include the claims of another patent... but my product has a more broader use case, plus, it has several non-obvious improvements that give it WAY more functionality. How might I go about being protected if I want to pursue this product. Can I patent? do I get a... View More

James L. Arrasmith
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answered on Jul 10, 2023

If your product includes elements covered by another patent while also incorporating non-obvious improvements and having a broader use case, there may be potential avenues for protection. You could consider pursuing a patent for your product, focusing on the non-obvious improvements and broader... View More

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: How can I be protected when my product has all elements in another claim, but my product has sev non-obvi improvements?

I have a product that cant not include the claims of another patent... but my product has a more broader use case, plus, it has several non-obvious improvements that give it WAY more functionality. How might I go about being protected if I want to pursue this product. Can I patent? do I get a... View More

Stephen E. Zweig
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answered on Jul 9, 2023

Speaking generally:

It is possible to patent an improvement on an existing patent, so long as the improvement is considered novel and not obvious. Usually the applicant for the improvement will cite the original, and then explain the improvements. This allows the patent office to judge the...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: Sharing Details of My Robot Project Safely

I am working on a robot and I want to know how loosely I can share info about it. I want post videos on the development of the robot show parts of the code, and methods I used to create it. This is important because I intend to sell it on Kickstarter and hope to build a following via posting... View More

James L. Arrasmith
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answered on Jun 30, 2023

It's important to balance sharing information about your robot project with protecting your intellectual property. While filing a copyright and provisional patent is a positive step, showing detailed development processes, code, and methods used may potentially compromise future patent... View More

Q: Hello! How can i get a list of patents and lawsuits involving "Travnikoff?"

I havdent received anything from my lawyers yet due to the federal govt. but i need to gain access to my bank accounts asap.

James L. Arrasmith
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answered on Jun 18, 2023

To search for patents involving "Travnikoff," you can use the United States Patent and Trademark Office (USPTO) website. On the USPTO website, you can search for patents by inventor name, patent number, or keywords related to the invention. You can also search for patents using the Global... View More

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Q: Hello! How can i get a list of patents and lawsuits involving "Travnikoff?"

I havdent received anything from my lawyers yet due to the federal govt. but i need to gain access to my bank accounts asap.

Eric Estadt
Eric Estadt
answered on Jun 9, 2023

For patents, you can use either Google Patents (https://patents.google.com/) or the US Patent and Trademark Office's search tool (https://ppubs.uspto.gov/pubwebapp/static/pages/ppubsbasic.html).

For information on federal litigation, you can search PACER's Case Locator tool...
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Q: Hello! How can i get a list of patents and lawsuits involving "Travnikoff?"

I havdent received anything from my lawyers yet due to the federal govt. but i need to gain access to my bank accounts asap.

James L. Arrasmith
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answered on Jun 9, 2023

Search the United States Patent and Trademark Office (USPTO) website. The USPTO website has a database of all patents that have been issued in the United States. You can search the database by name, inventor, or patent number.

Search the Public Access to Court Electronic Records (PACER)...
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