answered on Mar 21, 2023
No, changing the basic media player does not qualify for a patent. Patents are only granted for inventions or innovations that meet certain criteria, including novelty, non-obviousness, and usefulness. In order to be eligible for a patent, an invention must be a new and useful process, machine,... Read more »
(2) How really to make sure of a lawyer's competence, committment, and area of expertise? (3) What should I expect as norm for a payment setting (a couple real instances, please)?
answered on Feb 24, 2023
A market dominant company is not likely to take you seriously until you have proceeded in the patent process until at least an Office Action noting some allowable claims. So I would be sure to file the application using some form of acceleration. Usually, that is a Track One fee and petition so... Read more »
I have patent idea re an improvement to manual golf carts Cl 280/1.5, need patent attorney who is a golfer to understand the subject
answered on Feb 20, 2023
While it's understandable that you may want to work with a patent lawyer who is also a golfer to understand your patent idea, it's important to keep in mind that a lawyer's expertise and experience in patent law and the specific technology area of your invention may be more important... Read more »
I read this on this site under New Use Patents: a "second company" is awarded a new use patent.
answered on Jan 31, 2023
Yes, this is common. Inventor A gets a patent for an invention, and then inventor B files for an improvement to the invention. Inventor A cannot practice the improved version because inventor B has a patent on it, and Inventor A cannot practice either the original invention nor the improved... Read more »
They have the same name: archangel. They both superheroes. They have a similar look (human with wings... Like an angel). But that's it.
The story is radically different. Marvel's archangel is a mutant originally called angel until his wings are replaced by mechanical wings. That... Read more »
answered on Jan 25, 2023
This is more of a trademark issue than copyright, unless the image of your character is identical to the Marvel character.
ARCHANGEL was a registered trademark of Marvel in 1994 for comic books, but that registration was cancelled in 2005 for failure to file a statement of continuing use.... Read more »
Hello,
I’d like to get consultation with a lawyer concerning patents. I’m thinking of producing Pickleball balls with further sales. I’m interested if I can do that legally. What is mentioned in the patent? Do I need a license for producing the balls? Etc.
answered on Jan 11, 2023
In order to obtain a patent, you will need to show that your pickleball is not just different from the existing pickleballs but differs in a way that would be non-obvious to a non-creative expert in pickleball design.
In order to sell pickleballs, you need to be clear of all relevant... Read more »
Is this a 20 year patent? How close to the design could a competitor come without violating the patented protection?
answered on Dec 3, 2022
Google patents lists the expiration date of October 9, 2031 (assumes payment of all maintenance fees).
There are three independent claims. In order to infringe the claims, you need to do what is either literally in claim 1, 8, or 14 or be covered by the slight expansion of scope afforded... Read more »
A teepee for example
answered on Nov 3, 2022
It depends on the structure. The USPTO will not give you much if any credit for teaching Bamboo. They also won't give you much if any credit for teaching a known structure such as a teepee. However if you come up with a non-obvious and original structure, or some non-obvious way of altering or... Read more »
Let us say that Country XYZ has no such thing as copyright infringement and they make musical gear
with preexisting recordings from other companies, and it is perfectly legal in that country.
If a musician in the USA, where it would not be legal to use preexisting recordings from... Read more »
answered on Oct 23, 2022
What you propose sounds a lot like copyright infringement. I don't understand your terminology--like what do you mean by "gear". An instrument, to me, is a horn, a guitar, a piano, etc., not something that reproduces pre-recorded data.
We have found a US utility patent that should be invalid under 35 U.S.C. § 102 (b), because the exact product on there was being publicly sold and marketed online for more than one year before the patent filing date. We have collected extensive evidence and are looking for a IP lawyer to writeup... Read more »
answered on Sep 12, 2022
Some challenges post-grant have limits on the type of challenge. An ex parte reexamination under 35 USC 302 is limited to challenges based on prior patents and printed publications. Other forms of challenge address an on-sale bar. Often if a product is on sale, there are user manuals, white... Read more »
ITS PRETTY DEEP. FROM BLUETOOTH TECH, AUDIO CONVERSIONS, AND BLOCKHAIN IN RELATIONSHIP TO DNA.
answered on Sep 8, 2022
You still have copyright protection. You may not have patent protection depending on more factual circumstances of your case.
answered on Sep 8, 2022
You can usually find a list of patents on the U.S. patent and trademark office website.
Is the product patentable, how do I move forward if it is and what the cost is.
I have no problem paying a lawyer to do so if the product is patentable and
will pay a fee to know if it is patentable.
answered on Aug 18, 2022
It is near impossible to "know" that something is patentable as the world is a big place and any reasonable prior art search is not going to check every obscure article in every language. (Prior art includes anything written since the beginning of recorded history in all languages that... Read more »
I see a patent was granted to members of my team and I was not included as I left the company before the application was filed. I have documentation (lots) to back up my argument to be included on this patent.
answered on Jul 31, 2022
This is a very common problem. I presume that you want to have your name on the patent as one of the co-inventors so that you can put it on your resume/CV, and not get an ownership stake in the patent.
If you really have a good argument to be listed as a co-inventor, reach out to the... Read more »
If one of the inventors passed away before the patent was complete would his/her spouse get the benifits for the patent. Also how could I find out if an agreement was signed between the inventors and the company?
answered on Jun 20, 2022
If the inventor/employee assigned rights (or was under an obligation to do so), then the rights will be in the employer/company. This is the normal way of the world. I paid a builder to build my house. The builder built the house but as I paid him to do so, I own the house even though I did not... Read more »
A large company is using my patent in their highly successful product without any request for my approval or agreement to compensate myself or the other inventors. Would it be possible to ask for retro active payments for the previous life of said product, or sue them for patent infringement?
answered on May 23, 2022
Were you employed by this large company when you made the invention? Did you sign paperwork to assign the rights to the invention over to the large company or to some other company which may have passed rights or licensed the large company?
Inventorship and ownership are different things.... Read more »
I'm building an app in an industry that hasnt changed in ages and I want to know if i might need an IP attorney to help file a patent? I realize that i'm being extremely broad but i'm trying to figure where to start. I researched some companies who filed patents like AirBnB,... Read more »
answered on Apr 25, 2022
If you are devoting a substantial amount of time or money into this project, then it is a good use of your time to talk with a patent attorney that files patent applications for apps. There are special obstacles in seeking patents in that space so you need some frank advice from someone that has... Read more »
the blanket starts out as a pillow and unfolds into a blanket and then folds back again into a pillow
answered on Mar 19, 2022
If you are seeking to obtain a patent in the United States, you should submit your patent application to the United States Patent and Trademark Office (USPTO. GOV). Please make sure that the application complies with all requirements. If you are unsure, you should contact a patent attorney who... Read more »
Updated. After such a long time we can't prove. Trustee said she found we paid on it. But wouldn't show us. She deducted amount from inheritance. Can we get the money?
answered on Mar 4, 2022
This question was posted to Patent Attorneys that deal with inventions. I assume that you meant to post to attorneys that deal with parents. You should post again but seek input from attorneys that do "Estate Planning" as these folks handle wills and challenges to wills.
Good... Read more »
I have been and am currently still being targeted out by the community, city, and more specifically my neighbors with an active denial system. It sits on the wires out back and I found the patent to it. I don’t trust the police. Was wondering what my options are?
answered on Feb 3, 2022
Unless you are seeking to obtain a patent on a similar system or invalidate the patent for the existing system, this is not a patent issue for a patent attorney.
I hope that you find what you need.
Kevin E Flynn
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.
