Get free answers to your Patents (Intellectual Property) legal questions from lawyers in your area.
answered on Apr 14, 2018
The time for a utility patent application to receive a First Action On Merits (FOAM in PTO lingo) varies greatly. The FOAM is the first substantive comparison of the pending claims against the prior art and the various rules for how patent claims should be written. This is known as a Office... View More
Changed over the years And what is intellectual property
answered on Apr 13, 2018
You cannot update an issued patent to expand coverage. You can file a new patent application. The Bell patent on the telephone was filed more than 100 years ago and there are still lots of new patent applications on the telephone.
Keep in mind, that your new application will need to be... View More
I have an invention that will add audio sound to an existing product that has been patented and successful but the patent has expired. Can such an invention be patented? When compared to the existing product, the new product will be different with respect to new features that produces sound vs.... View More
answered on Mar 19, 2018
This is a very common question.
Generally, if you just combine two known products, and they work together as one would expect them to, then no, it would not be patentable. So, to use your example, if you put a small radio in the handle of an umbrella so that you can listen to the radio... View More
I am looking to patent a few baby items. I tried to research them on my own to figure out whether or not I would be infringing, but I can't figure it out. How do I do this?
answered on Mar 7, 2018
Filing a patent application does not infringe on an earlier patent. You are free to file a patent application for an improved product that would infringe the earlier product. For example, you can patent a mountain bike that would infringe a more basic bicycle patent. The more basic bicycle... View More
This product will be used in a very specialized recreational hobby and there is nothing like it that exists in the marketplace right now.
answered on Feb 28, 2018
There are patent claims, particularly in the medical space for kits. The kits may include a set of specialized tools to perform a particular minimally invasive surgical procedure. Usually, one or more elements in the kit are patentable and the purpose of the kit claims is to expand the reach of... View More
I have formulated a metal cutting fluid for tapping. In a torque test lab it shows a 22.8% torque reduction compared to the #1 US used brand. It is formulated using 2 chemicals. A. is it patentable, B. if the % of components ratios are altered is that grounds for a new patentable formula by any... View More
answered on Feb 25, 2018
Yes, these types of formulations are patented all the time; I’ve prepared and prosecuted many patent applications a big client develops and manufactures petroleum additives, for drivetrain, engine oil, fuel additives and like. A couple of points.
(1) I like the fact that you have an... View More
How do I know if it's better to keep it a trade secret instead?
answered on Feb 23, 2018
A patent is a business tool. It is a way of helping you make more money than you would without it. And getting a patent is expensive.
But to answer your question, there are some rough guidelines to keep in mind:
(1) Your cashflow from the patented product should be significant.... View More
I already have it, I know it works and I know it will have a major impact on education.
answered on Feb 4, 2018
The short answer is yes you may obtain a patent for figuring out how to make something that was in a sci-fi movie.
Lots of things are suggested in sci-fi movies or in Jules Verne books that people later make a reality. If one of skill in the art could not make a submarine or a warp drive... View More
answered on Feb 2, 2018
If what you sell can be readily reverse engineered, then you should get a patent. As time has gone on, more and more things can be discerned by using sophisticated tools to dissect a product and figure out how it works. If there is some chance that you could keep your good idea a secret while you... View More
answered on Jan 5, 2018
$190
But if you earned over $169K last year then the fee will be $380. And if you are a big company then $760.
answered on Dec 17, 2017
A U.S. utility patent is good for 20 years after filing.
On the other hand, a U.S. Design patent is valid for 14 years after issuance.
They have lived with me for almost 2 yrs.
answered on Nov 19, 2017
Your daughter needs to sue the "baby daddy" for custody.
i recently started selling pop up phone grips online, not thinking or researching if there was a patent. I got them cheap from a supplier on Alibaba and listed on Amazon. I have only been selling for a week now and popsocket, which is the brand name which owns the patent, has reported my listing as... View More
answered on Nov 15, 2017
I have seen a patent case that was awarded less than a dollar in damages as they wanted to make a point in a bigger set of battles.
As a practical matter, if you can show that you shipped them back to your supplier for a refund, then it is unlikely that they will chase you. We do not know... View More
I am owner of a similar cosmetic and i want to know if in my packaging i must add same patent number or i need to ask permission to patent owner to do that. Product is not same but pretty similar. I need to know the step to folllow with this as we are manufacturers of our products for more than 13... View More
answered on Aug 6, 2017
Congratulations on your business venture. I hope that it is successful. Several of my clients are in the cosmetic industry as well.
You brought up a lot of points. Let me try to answer them in turn.
(1) If products from various brands have the same number, then it likely means... View More
answered on Jul 16, 2017
You are thinking about pretending you are your great-grandfather? They will be able to piece the clues together and know that you are not him. Ask them honestly what you will have to do to establish your claim to the funds.
He has filed the patent and also the original prototype was made by my father
answered on Jun 29, 2017
There are absolutely legal steps you can take. Filing for patent if you are not the true inventor is generally a wasted effort. It is not difficult to render such a patent unenforceable. There are many possible courses of action. One example would be to attempt to convince your ex-husband that it... View More
My Mother was granted guardianship of my children. She has been in violation of it for years. Now I am disabled and am living in the household and am witness to the mental and physical abuse that she is inflicting on the children and I. I would like to know how to go about helping me and the kids... View More
answered on Jun 26, 2017
If a current order is being violated then you can file a motion for enforcement. If you want to change the current order then you can file a motion for modification. Either way you nned to file something with the court.
This company scammed thousands of people with their Ideas on patents. They are still under investigation. They are in Florida and I'm in Tennessee.
answered on May 9, 2017
Sorry that you were scammed.
Generally, clients are never legally bound to their attorneys. Any client can at any time fire his/her attorney, and walk away. There are some special exceptions, none of which would likely apply here.
The client still has to pay any outstanding bills.
I was told by a patent lawyer that the US government would not permit such a patent to be in public view. This of course is discouraging. Is it true?
The inventor of this propulsion device would like to license various corporations and in various countries around the world with this... View More
answered on Apr 3, 2017
Yes it is possible! The government (I believe it is the DoD) would screen the application (as they do all applications) for any technology that could threaten security/safety of the public. Given your brief description, it doesn't seem to fall into that category. That said, even if there were... View 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.