If someone is infringing your product or process, you need to see a patent litigation attorney.

The first thing that the attorney will do is to investigate whether the company is actually infringing your patent. By "infringing your patent", I mean that the company is making or... View More

At least one of the independent claims (including each element of the claim) must be made, used, offered for sale, or sold for your patent to be infringed. If any element of the independent claim is missing, then they have designed a way around your patent.

The first step is to consult a... View More

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answered on Mar 20, 2024

If you suspect that a company is using parts of your patent without permission, the first step is to gather all relevant evidence, including details of your patent and the aspects of the product that allegedly infringe upon it. Consulting with a patent attorney can provide you with a professional... View More

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answered on Feb 23, 2024

When creating a competitive collapsible water bottle similar to Hydrapak LLC, it's essential to consider several factors that may limit your design. Firstly, you should carefully examine any existing patents or intellectual property rights held by Hydrapak or other competitors in the market.... View More

It is possible. You will need to consult with a patent attorney and go through the dates of specific events.

If your first patent application (possibly a provisional application) was filed long before any of the time bar triggers (public sale or offer for sale, public use, public... View More

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answered on Feb 25, 2024

If the patent application lapsed and the invention has been publicly disclosed or sold for more than one year, under United States patent law, it may not be possible to file a new patent application for the same invention. The U.S. operates under a "first to file" system, and there's... View More

Normally through due diligence, meaning knowing the competitors of your products/services and monitoring them. Once you believe they are offering the same or similar product/service, you would then consult with a patent attorney to analyze your registered patent, particularly the claims of your... View More

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answered on Mar 16, 2023

To find out if someone is using your patents, you can start by conducting a patent search to see if anyone has filed or been granted a patent that is similar to yours. This can be done through the United States Patent and Trademark Office's (USPTO) online database, or with the help of a patent... View More

Not clear how they will get access to your business idea. If you mean will they be able to look at your provisional patent application, the answer is no (not unless you provide a copy). If you mean your US patent application, the default is that the application is published 18 months from the... View More

Dear Mrs or Mr,

if this issue is still valid, you can PM me more details about this and I can have a closer look at this.

This is a very common question. Unfortunately, you are not going to like the answer. I apologize in advance.

An idea, even after it has been flushed out to become a patentable invention, is not worth very much. Companies buy or license profitable businesses, profitable products or... View More

A patent attorney can help you determine if the product on the market is patented and, if so, if the patent is still valid or it has expired. Even if the patent is still valid, there may be some differences between your product and the product on the market, so that you would not be at risk of... View More

Generally, liens are determined by state and local law – they can include filings with the state for a UCC filing based on a particular transaction or a particular form of security. If this is a contract dispute, consider using a local attorney to assess the case and determine if there is a way... View More

Well, the patent owner gets a limited monopoly for a limited time, from which the patent owner can profit.

But what you are likely asking is what a lot of scientists, engineers, and other employees of large companies are asking: "I worked hard, invented this product that is being... View More

Assuming that you are correct that the patent is expired, then the smart move would be to look for newer patents to that cite the patent you have found. Tips on how to do that are at http://bit.ly/Patent_Searching. You may want to check for other patents on this product by checking the assignee... View More

A patent costs around $20,000. It could be as little as $10,000, or as much as $40,000 or more.

A trademark will cost about around $800 to $1500 to get.

From your brief description, it sounds like you are OK. But it really depends on what the claims recite. If it calls for isolation of unique sequence, and you do not perform that step, then you are not infringing. But if the claims are simply directed to measuring methylation of a specific gene... View More

It is possible that by selling products made off-shore that you may be infringing a US patent claim that is from an unexpired US patent. A US patent can be used to prohibit someone from making, using, selling, or offering to sell a product that is covered by one or more patent claims of an... View More

The USPTO Examiners have the option to say -- whoa -- you are asking me to do more than one patent's worth of work as there are more than one invention here. They can request that you seek to restrict the current application to just one claim cluster and leave other claim clusters for you to... View More

Sorry to be the bearer of bad news, but there is likely not much that you can do. A couple of notes:

(1) The point of a patent is to give the inventor the right to exclude others for a limited time. Thus, if your father obtained a patent for his invention in the 1970s, the patent has... View More