The vast majority of patents are known as "utility patents." This means that they claims some sort of an invention that is useful and new. It could be a process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.
For example, I currently sell a Spray Bottle, however, I didn't invent it. If there's no patent on the item, could I file for one? Or would I have to change something about it? If so, is there a way to something about the product to file my own patent for it?
Patents are intended in reward inventors. If you did not invent the product, you cannot patent it.
You may be able to patent an improvement to the product as long as whatever you do is not obvious to someone that designs spray bottles. But you would need to invent this or pay someone to...Read more »
For example, I sell a spray bottle, however, it already has a patent. change about that product so that I can't get claimed as violating a patent? Is it as simple as changing the type of plastic? Can I file a patent for part of a spray mechanism for that bottle?
I am sole inventor. Michael Tallen. Dennis Fenton did not come up with idea nor did any of the work. I was fresh out of school. He threatened me to get name on patent snd drove me out of Amgen. Today he is on Board of Directors of over 200 Biotech Companies worth $500M. Amgen got to markets... Read more »
I believe they are out of business. I would like to buy the patent and the rights to produce their products. And maybe purchase and of the manufacturing equipment and or materials they may still posses.
You have the option to license the patent/application or purchase the patent/application and have an assignment executed. I'd recommend a review of the entire IP portfolio if they are in fact out of business. My firm frequently handles licensing and assignment transactions.
If you filed a provisional patent application on March 14, 2016 and took no further action, then that provisional patent application expired. An expired provisional application that was not used as a priority document for a later patent application gives you no rights to exclude others....Read more »
I recently manufactured on a CNC machine 5 sets of high performance skateboard trucks. The design copies very closely a design of a company that is no longer in business. I believe they never had a patent on their skateboard parts. Is it legal for me to sell my product? They are not exact... Read more »
To merit a patent, the combination must be non-obious. There should be some synergy in the combination. Sometimes a combination may be considered obvious if each component works in a well-known way. A patent attorney may be able to see synergy where the inventor may not. This is because the legal...Read more »
This does not sound like a fit for the patent system.
35 USC 101
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and...Read more »
What happens if patent holders allow other competing products on the market that conflict with an existing patent(s)? How many years can thes competitive products be allowed on the market before the Patent becomes unenforceable?
A UK patent is a UK patent. There is not yet an EU patent. You can get your patent application examined by the European Patent Office so you only have to do that work once, but the allowed EPO claims are then validated in individual EPO countries such as the UK. So one patent application may end...Read more »
Further facts are needed to address this question. How do you know you inherited the patents? This cannot simply be assumed. Is there a will specifying that this property went to you? Did your father own the patent rights when he died? Who may have used the patent rights and when? Did this all...Read more »
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