Thank you for your answer, Peter. The intend is to combine several existing products in order to create a single product for a completely different purpose. If I understand you correctly, it will likely be a patentable product in which case I will seek a further consultation with a patent attorney.... Read more »
Generally, no. Combining several products according to known methods to yield predictable results is not patentable.
But, if your new product is better then would be just a combination of existing products, then the new product may be patentable.
While watching a popular late night show, they featured a sketch of an infomercial for a fake product which does not appear to be in production, on sale anywhere and does not show up in a Copyright search, Trademark Search or Patent Search. Prior to obtaining formal legal counsel I would like to... Read more »
It is possible, but likely that you would need to obtain NBC legal approval. I recall that "Land Shark" halloween costumes have been made. That image and art is an NBC property.
With the right incentive, a deal could be crafted.
There is a company out there already producing the game. However, cutting 3 holes in a piece of wood and using a sand wedge to hit balls in the holes is not reinventing the wheel. If I were to produce a similar game for sale to the already existing golf corn hole game "chippo" would I be... Read more »
This is a pretty specific legal question that you will need to actually hire a patent attorney. Sorry.
Patent number: 10221618 Baby's Gate by Guard me
You would license the patent from the patent owner. The patent owner may or may not let you license it.
One alternative to licensing the patent is to see if your product indeed infringes the patent in question.
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.
There are also two special... Read more »
I'm assuming there are design patents, functionality patents, process paten
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.
There are also two... Read more »
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 want to file a patent for my Spray Bottle, how long would it take?
Spray bottle again. If there are no major issues you are looking at two to three years.
If there are a lot of modifications, changes, etc, you are looking at longer and more cost.
Consult with an attorney.
For example, I have a Spray bottle I want to file a patent for, how much would it cost?
Depends on the technology.
Budget around $10,000 to $20,000. More if it is a complex patent and technology, like biomed, software, etc.
Consult with an attorney.
www.legalbizglobal.com
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?
Be careful. Consult with an attorney.
The patent allows you to practice your improvement, but you are still bound by the active patents covering elements that are part of your invention.
The change needs to be novel and non obvious.
US Patent for Sole part Patent (Patent # 9,980,533)
Yes, you can.
As long as you do not do what it says in the claims (literally or otherwise), you should be OK. You can take their idea of flexible sole, but just not what is in the claims.
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 can't give you an exact answer to your question because I do not have all the information, but here is several points which you should consider.
(1) There is a difference between an ownership of a patent and an inventorship.
(2) An inventor is one who invented as least one... Read more »
The general type of patent is an issued United States Utility Patent (not a design patent and not a plant patent).
The claims are written a number of different ways but they cover articles of manufacture that have a feature to protect electrical components from excessive electrical surges.... 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.
Robyn T.... Read more »
I filed my provisional patent march 14 2016> They are only good for a year I believe...
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 »
that definitely requires an in depth analysis and consultation with an attorney
in any case you always run the risk of somebody claiming you are copying something
you need to understand how many basic designs of trucks exists, how long they have been around, etc. in order to assess... Read more »
I’m confused as to the patent. So anything that locks to a cross member with a combination lock in a portable bag form? Would be patent infringement?
It would help to know the number of the patent you are talking about.
If this is important to you, consult an attorney.
Providing detailed legal advice goes far beyond the scope of Ask a Lawyer.
For example the Icy-hot product..if I make another natural based product that cools and then heats the skin with all organic ingredients is it legal to manufacture and get a patent?
See https://www.uspto.gov/patents-getting-started/general-information-concerning-patents
The chemicals themselves are not unique, just the combination.
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 »
Is this patent earning royalties? 20020198764
The number you cite is not a patent. It is a published version of an application. Not all patent applications become patents. According to Google Patents, this one did not.
https://patents.google.com/patent/US20020198764A1/en?oq=20020198764
Sometimes a license agreement will... Read more »
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.
