Yes. A patent is a personal property that one can assign in a will just like an art collection, a car, or a stock portfolio.
How often does a patent pass through will in practice, is a different question. Typically patents are owned by companies, and not by the inventors themselves.... Read more »
I want to design a logo so would i need all 3
Trademark, copyright, patent
You'd just trademark it.
It sounds like you need to do some searching to see if your new idea is already the subject of an issued patent or a pending application that has been published but not yet allowed. If I am right, then you may want to look at my slide set on patent searching. http://bit.ly/Patent_Searching... Read more »
The ingredient itself, as opposed to the recipe? Yes, you should be able to, provided, of course, that it is new. If you, for example, came up with a new type of a shortening, or new crystalline form of some sugar, etc. then it should be patentable.
You are facing two hurdles, though.... Read more »
affect the ownership of these patents?
Typically, if there is a merger, the patents will belong to the new company.
But it does not have to be that way. Issued patents are treated just like any other business asset. Your company can sell the patents along with all the other business assets such as inventory, production... Read more »
This application is a continuation application of U.S. patent application Ser. No. 11/263,808, filed Nov. 1, 2005, which is a continuation application of U.S. patent application Ser. No. 10/760,741, filed Jan. 20, 2004, now U.S. Pat. No. 7,087,639 B2, issued Aug. 8, 2006, which is a divisional... Read more »
There are often families of patents. They may have an initial provisional application or non-provisional application and then a set of branches with divisional applications, continuation in part (CIP) applications, and continuation applications.
Some of these may issue as patents. There... Read more »
I understand that California's law protects employees inventions done on their own time, using their own equipment if unrelated to the employer's business. I'm not clear what constitutes an "invention." Do works of authorship and other copyrightable material count as an invention? Trademarks? Brand... Read more »
Well, you are going to have to talk to a California employment attorney to get the best answer. I am not a California attorney, nor an employment attorney, but here are a few points.
(1) You are correct that the trademarks, logos, brand names, sales copies, and like, are likely not... Read more »
Note: I see there are several Amazon Sellers selling the stainless steel straws? But it looks to me like there is a patent on this? Please advise? Thanks for your help!
There likely is not a patent on stainless steel straws. The Gauchos of Patagonia have been using steel straws for generations. There may be a patent on some small variation of it, but you should be able to make and sell stainless steel straws.
But to make sure, buy a package of them, and... Read more »
that would be used with a product that has a patent -- can I do this?
Generally yes. For example, if you created an accessory that could be used with a patented mountain bike, you could sell that accessory even though it is used with a patented product.
What you cannot do is make a mountain bike from scratch that has your accessory as you do not have rights... Read more »
https://patents.justia.com/patent/20110094131
Sorry, but you don't have a patent. That patent publication has been abandoned over 4 years ago. You may want to reach out to the patent attorney who prosecuted it to see if there is anything that could be done to revive it.
The best that you could hope for is to see if the infringer... Read more »
Sorry, the question as passed on to attorneys does not include the patent number. The answer to the question is based on what is in the issued claims. Not the title, not the drawings, not the specification, not the initial set of requested claims but only what is in the issued claims.
I... Read more »
A process, a machine, an article of manufacture, or composition of matter, or any new and useful improvement thereof. 35 USC 101
Almost any new and non-obvious invention can be patented. You can't patent things like new mathematical formulas, or something that is just purely a mental... Read more »
A patent is good only in the jurisdiction that granted that patent. So US patent is good only in the US.
Now, it is possible that Open Table filed the same patent in other jurisdictions. Usually, these patents have the same inventor, and the same priority. You may search for them at... Read more »
I am an app developer. I have a few questions regarding Snapchats patent owner rights. Patent no.: US9407712B1 claim 1 states in english that no other application can use automatic deletion for an ephemeral object (a picture). Does this mean that no other app can use the function where you can send... Read more »
To answer this correctly, a patent attorney would need to read not just the claims but also the complete specification and likely at least a portion of the documents exchanged back and forth with the patent examiner in response to initial rejections of the claim.
This sort of very detailed... Read more »
I have a solution for sound free providing of mobile power for larger applications.
Yes, that sort of a solution to a technical problem should be patentable.
From your question that this might not even be a business method subject matter (which may or may not be patentable), but a technological solution to a scientific or engineering problem (which would be patentable... Read more »
That patent case is dead. No reply to the first office action was ever filed, so the patent application went abandoned. You should be able to practice what is described in the invention.
From the engineering point of view, the invention makes no sense (unless you are a believer of... Read more »
Yes. That's the idea behind patents -- inventors get a patent for their invention, which gives them the right to exclude others from using their inventions, but when the patent expires or is abandoned, other people can use it. You have to be careful that the inventor does not revive the patent... Read more »
Yes. This happens all the time.
For example, if you invent something that already exists or was already published, then you cannot patent it because of 35 USC 102. Or, if you did not invent it, then you cannot patent it either.
Or, if you invent something that is obvious in view... Read more »
I want to create a toy or some kind of figurine of a public figure (not a celebrity)that hasn’t been created yet. As far as my knowledge they don’t have a patent or a trademark on it.
What kind of rights do I need so I can protect my idea and get royalties if it’s every duplicated
This is going to be a bit tricky since you are in California. The reason is that California has a law about the Right of Publicity (Calif. Civil Code 3344), which prevents a person from appropriating for his/her own advantage another person's name or likeness. This is somewhat unique to... Read more »
This product is called hookup caits which consists of a jig head stuck inside a molded plastic tube.
So, what is your question?
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