I have a brand and I want to put out a product called the universal socket. I just found out there's a patent on this product, but could I still use it? Do I have to pay in order to use the patent?
Short answer - it depends.
As a patent attorney, I would want to look at what actually is claimed in the patent vis-a-vis your product.
But if it's a case of clear infringement, it might be best to ask the patentee for a license.
I have other designs and I'm debating whether to seek copyright protection or a design patent.
Yes, you should be able to seek legal action. Go see an intellectual property litigation attorney.
I don't know which patents you are referring to, but my cursory search shows that there are about 5 patents that list Victor Staats as the inventor. 4 of these have expired due to their age, and 1 expired because a maintenance fee was not paid. There are no enforceable patents for Victor Staats... Read more »
Late period from renewal due date is less than six months.
I do not think that the lapsed patent can be reinstated in accordance with the rules as the failure to pay was not unintentional under USPTO guidelines.
Traditionally, not having the money to pay a fee was not considered a reason that something was unintentional. See
C.... Read more »
My only income is my SOCIAL SECURITY DISABILITY CHECK I AM OPEN TO ALL POSSIBILITIES.
ERIC TRUMP EVEN ASKED ME TO SEND HIM A BUSINESS PLAN Based on my patent 7571681 four patent in one.
RR Tie replacement on the run
Recycling the old RR ties
Recycling the spikes... Read more »
Raising money is a skill. Most patent attorneys do not have that skill. You may want to get some free advice and some introduction from this state agency...http://floridasbdc.org
I hope this helps
Kevin E Flynn
If you are making something that has been around 20+ years, then you very likely will not infringe any patents. After all, that is the idea behind patents: after a patent expires (currently 20 years from the filing date of the patent application), then anyone can use whatever is disclosed in the... Read more »
corporation with zero value but with license to use and shares owned by deceased also
The shares owned by the deceased, like any other property, go to the heirs as specified in the intestacy statutes.
In the US, you need to pay for it 3 times after it issues: at 3.5 years, at 7.5 years, and 11.5 years.
For most patents outside of the US, the maintenance fees need to be paid on annual basis.
I processed a provisional patent in 2003 and did not follow up with a non-provisional patent due to cost. I made several operational prototypes from 2000-2007 of this device. I did discuss concept with an associate of a company. I just recently found out that In 2008, this company was granted a... Read more »
No. A provisional patent application that is not followed up with a non-provisional patent application is not published and does not result in a patent, and thus cannot serve as prior art against another patent case.
This is, unfortunately, a common problem. In your case, you cannot get a... Read more »
It sounds like you're asking for an intellectual property search for your grandfather. If you'd like to search this for yourself, you should search for his assignments in the databases at the USPTO (https://portal.uspto.gov/pair/PublicPair) and the Library of Congress... Read more »
Should we ask China factory if they have a patent for the waterproof technology on the fabric, that they offer for our waterproof sheets? Or not?
Please, advise!
Thank you! Regards!
That depends. Patent rights are country-specific, and therefore your question involves whether that company has a Chinese patent as well as a US patent. (Patent rights generally protect making using or selling the patented technology.) If the Chinese entity has any patent protection domestically or... Read more »
Well, you can't patent an idea, but you can patent your invention in the field of robotics.
These appear to be a set of three US design patents and one US utility patent. A United States patent is effective against people that make, use, sell, or offer to sell an infringing product in the US.
So a US patent can be used against a product made in China and imported into the US, or... Read more »
for Example . Plant grow tent. If I took the basics of the tent , such as the building part of it and how it’s put together . However I changed the material used and actually used it for something totally different would I be able to patent that or stop other companies from selling the same thing ?
Your short question includes many key questions of patent law.
1) You do not infringe a patent. You infringe one or more specific independent claims (ones that start with no reference to another claim) and possibly some dependent claims (a claim that adds additional limitations to at least... Read more »
If there is a product currently in the market place which has always been manufactured using either leather or traditional wood from trees and I start manufacturing this product but instead of using leather or lumber from trees, I use a different material, like bamboo, which gives the item a very... Read more »
Using your example with respect to a golf bag. If the sole difference was that you used off-the shelf sheets of flexible bamboo leather substitute and made a bag from that -- then you would have a hard time getting a utility patent. Substituting one product for another where the modifications to... Read more »
June 2003
I see that you filed a patent application and the PTO processed the application with an Office Action rejecting the claim as too vague to even examine. After a period of six months, the application was deemed abandoned. There is an indication in the file that the final notice was returned as... Read more »
Yes, I think that your product could be patented.
This happens all the time. If it is not granted, and there is no likelihood of it being granted, then whatever is disclosed in the patent application is dedicated to the public. Anyone can use whatever is in the published application with or without modifications.
Yes. Ownership rights to a patent can be transferred by an assignment. Partial rights can be transferred by license.
Assignments should be recorded at the USPTO at https://epas.uspto.gov/. Prior recorded transfers can be seen at https://assignment.uspto.gov/patent/index.html for patent... Read more »
forward on the acquisition, will I lose control over the patent?
It depends upon what you and the buyer agree to.
If the rights to the patent have been assigned into your company and you sell that company to buyer, then buyer owns the assets including your patent. You would not have the right to practice that patented invention without getting a... Read more »
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