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California Patents (Intellectual Property) Questions & Answers
2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: This guy didn’t invent this lure How was he able to patent a product? He took general product and claimed as his own

It’s a common fishing lure. He didn’t add anything special to the lure

Sean Goodwin
Sean Goodwin
answered on Dec 6, 2024

I don't know which patent or lure you are speaking of, but occasionally the patent examiner will make a mistake and register a patent which is obvious or not novel. There is a procedure at the USPTO to contest a registered patent if you can provide documentation (aka, prior art) that was not... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: How do I know if my product has been patented by someone else?

I have a concept for a sandal that I'm trying to get made. I was researching patents, and I don't know if my specific ideas has been made and patented or not.

Jeffrey R. Schell
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Jeffrey R. Schell
answered on Aug 5, 2024

The best way to determine prior patent status of a product is to engage with a patent professional to engage in a freedom to operate search. Prior to that step though, to determine if your product has been patented by someone else, consider the following:

First, understand that patents...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: Can I sue someone for stealing my app idea name color scheme even if it's not patented? How can I find out who copied it

I have the meetings I had with them recorded and have emails and the app proposal they sent me.

James L. Arrasmith
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answered on Jun 19, 2024

Based on the information provided, it sounds like you may have a potential case for intellectual property infringement, even without a patent. Here are a few key considerations:

1. Copyright: While ideas themselves are not protected by copyright, the specific expression of an idea (such as...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: How can you find out if a patent is being used?

I'm interested in if or where xx 4 patents are being used?

James L. Arrasmith
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answered on Jun 16, 2024

To determine if a specific patent is being used, you can follow these steps:

1. Search for the patent: Use the inventor's name (Louis E Swinney) and the patent numbers (if known) to search for the patents on the United States Patent and Trademark Office (USPTO) website or Google...
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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: What do I do with this information?Referenced CitedU.S. Patent Documents11287037

102016015728 October 2017 DE

2916045

Other references

Translation of International Search Report for Application No. PCT/EP2021/053075 dated Apr. 16, 2021 (2 pages).

Patent History

Patent number: 11920679

Type: Grant

Filed: Feb 9, 2021... View More

Robert P. Cogan
Robert P. Cogan
answered on May 8, 2024

It appears that you have filed a patent application on your own and have received an Official Action that rejects some or all of your claims.

As a matter of statistics, inventors in this situation cannot get meaningful protection without the help of a patent attorney. However, I have no...
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Q: Who could I contact regarding some people who have done fraud to steal a person legacy

My friend who passed away had a Patton and trademark that some people have made up fake marriage and other recorded doc to steal his legacy?

James L. Arrasmith
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answered on Apr 4, 2024

In California, if you suspect fraudulent activities concerning a person's legacy, including patents and trademarks, it's crucial to address the matter with urgency due to the potential legal implications and the risk of significant financial loss. You can reach out to an intellectual... View More

1 Answer | Asked in Contracts, Intellectual Property and Patents (Intellectual Property) for California on
Q: Should I sign a combined declaration and assignment if I have not seen the patent application?

My employer has, on several occasions, had me sign paperwork to assign ownership of patents for products I have worked on to the company. Which is fine, I agreed to as much when I accepted the job. These documents include four declarations, the first three of which involve reviewing and confirming... View More

James L. Arrasmith
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answered on Apr 1, 2024

Based on the information you've provided, there are a few important considerations:

1. Legal implications: Signing a declaration without having seen the patent application could potentially expose you to legal risks, especially if the declaration includes statements confirming aspects...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: If a patent is showing as “abandoned” is the product free and clear?

If there are multiple companies producing a product currently and all I can really find is abandoned status patents is it free and clear? What if other companies are claiming patented on websites but I can not find??

James L. Arrasmith
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answered on Mar 13, 2024

In the United States, including California, if a patent is listed as "abandoned," it means that the patent application process was not completed, or the patent holder failed to pay the required maintenance fees. As a result, the invention is no longer protected by patent rights and enters... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: can I use the technology behind the vertimax machine, the pully system, but construct it a different way?
James L. Arrasmith
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answered on Mar 8, 2024

In California, as in many other jurisdictions, using the technology behind a product like the VertiMax machine, specifically the pulley system, and constructing it in a different way requires careful consideration of patent laws. If the technology or any of its critical components are patented,... View More

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: I have a patent for AI edge computing that Intel may be intereted. Please let know where to send it.

I am a patent holder and inventor of a novel intelligent edge computing solution that Intel may be interested. This patent, “Classification System”, USPN 11144748, issued 10/12/2021, describes a scalable, low-power, and real-time solution that can perform machine learning functions such as... View More

James L. Arrasmith
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answered on Feb 29, 2024

To approach Intel with your patented technology, it's advisable to start by visiting Intel's official website. Look for sections dedicated to innovation, partnerships, or technology licensing. These areas often provide guidance on how to submit proposals or inventions for consideration.... View More

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) for California on
Q: Do Patent Attorneys provide a free consult to determine if an idea is in conflict with an existing one similar in nature

I have done research and see that there is a patent on something similar to what I have developed but with some major differences.

Robert Kane
Robert Kane
answered on Oct 22, 2024

I am not a patent attorney, but I don't believe patent attorneys provide a free consult to determine if an idea is in conflict with an existing one similar in nature. That would most likely be part of their legal services. That task could be very time consuming.

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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: If this product was out before he applied for this patent. Can it still be awarded to him ?

Hoop nets have been around before this guy tried to patent them.

James L. Arrasmith
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answered on Sep 21, 2024

If the product, like hoop nets, was already publicly available before the individual applied for the patent, it can impact their ability to obtain the patent. Patents are generally awarded for new, non-obvious inventions. If the product existed beforehand, it could be considered prior art, which... View More

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: How do I find out if a patent is generating profit/royalties? How can I see if it has been sold or used by others?

I need to find out if some patents are generating profit/royalties and if they have been sold or transferred or if the rights to the patent are being used by someone else. If the patent is generating funds, I need to track that. My ex-husband is attempting to hide money from me that is community... View More

James L. Arrasmith
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answered on Sep 11, 2024

To find out if a patent is generating profit or royalties and whether it has been sold or transferred, you can start by researching the patent's status through the United States Patent and Trademark Office (USPTO) website or other patent databases like Google Patents or Espacenet. These... View More

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Does this patent leave any room for a new patent related to Lumican as a possible drug target and possibly a new drug?
James L. Arrasmith
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answered on Aug 12, 2024

When considering whether a new patent can be filed related to Lumican as a drug target, it’s important to first thoroughly review the existing patent to see what has already been claimed. If the existing patent covers the use of Lumican as a drug target in broad terms, this might limit the... View More

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) 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

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