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California Patents (Intellectual Property) Questions & Answers
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
Stephen E. Zweig pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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Q: How do you get a patent assigned to you (or a designee) an abandoned patent. I'm friends with one of the original Hillcr

est Husbands and their trademark expired and was abandoned for no response and I'd like to have it assigned to him. Serial Number

Word Mark

HILCREST HUSBANDS HE 602- Abandoned are To

Status Date

2012-06-01

James L. Arrasmith
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answered on May 22, 2023

To acquire an abandoned patent, you would need to confirm its abandonment status, reach out to the original inventors or assignees to negotiate an assignment agreement, file the necessary documents with the USPTO, and follow their procedures for patent assignment. Consulting with an intellectual... View More

Q: Davidsons Invent stole my invention and idea and then marketed it and has it on the back shelf at Home Depot can I sue ?
James L. Arrasmith
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answered on Apr 12, 2023

As per California law, if you believe that your invention and idea have been stolen by Davidson's Invent and marketed without your consent, you may have grounds to file a lawsuit for intellectual property infringement. However, whether or not you have a valid case against Davidson's... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: If I'm applying for a patent for an improvement to wagering in online sports gambling

What constitutes significant and novel change?

How do I apply for these things without thinking a lawyer will steal my idea? Haha!

James L. Arrasmith
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answered on Apr 11, 2023

To be considered significant and novel, the improvement to wagering in online sports gambling must be a new and non-obvious solution to a problem in the industry. It must be something that has not been done before or that would not have been obvious to someone skilled in the field.

To apply...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: If I'm applying for a patent for an improvement to wagering in online sports gambling

What constitutes significant and novel change?

How do I apply for these things without thinking a lawyer will steal my idea? Haha!

David Aldrich
David Aldrich
answered on Apr 10, 2023

Whether something is novel and nonobvious depends on the specific "prior art" that already exists. It is often helpful to conduct a "patentability search" before applying for a patent. This typically will involve a search (by a professional searcher) of what publications (such... View More

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: If I want to change the basic media player, can I patent it or not?
James L. Arrasmith
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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,... View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: Let's say I've a patentable invention have to sell it to a market-dominant company. What an IP lawyer should I need for?

(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)?

Kevin E. Flynn
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Kevin E. Flynn
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... View More

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: Let's say I've a patentable invention have to sell it to a market-dominant company. What an IP lawyer should I need for?

(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)?

James L. Arrasmith
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answered on Feb 24, 2023

If you have a patentable invention and you want to sell it to a market-dominant company, you may want to consult with an IP lawyer to help you with the legal aspects of the sale. Here are some key things to consider:

An IP lawyer can help you with patent prosecution, licensing agreements,...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: find patent lawyer who plays golf

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

James L. Arrasmith
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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... View More

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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: can I file a New Use Patent if someone else has rights to the product?

I read this on this site under New Use Patents: a "second company" is awarded a new use patent.

Peter D. Mlynek
Peter D. Mlynek
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... View More

2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for California on
Q: I have a superhero who is a literal archangel would I still be infringing on Marvel's archangel?

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... View More

James L. Arrasmith
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answered on Feb 20, 2023

It's possible that there could be some confusion or potential for infringement, as the name and certain elements of the character are similar to Marvel's Archangel. However, it ultimately depends on whether the similarities are substantial enough to create a likelihood of confusion in the... View More

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2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for California on
Q: I have a superhero who is a literal archangel would I still be infringing on Marvel's archangel?

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... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
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....
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Patent lawyer

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.

Kevin E. Flynn
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Kevin E. Flynn
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...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Hi - I'd like more information on this patent: Patent number: 8633982

Is this a 20 year patent? How close to the design could a competitor come without violating the patented protection?

Kevin E. Flynn
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Kevin E. Flynn
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...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: Can you file a patent of a structure built from Bamboo?

A teepee for example

Michael Cohen
Michael Cohen
answered on Nov 3, 2022

Sure as long as you meet the threshold requirements for US patents, i.e. that it is new, useful, and non-obvious. Realistically, if it is a commonly shaped teepee with no novel utility, it will likely not be enough to pass the thresholds for a utility patent application. However, if there is a... View More

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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: Can you file a patent of a structure built from Bamboo?

A teepee for example

Stephen E. Zweig
Stephen E. Zweig pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

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