Get free answers to your Patents (Intellectual Property) legal questions from lawyers in your area.
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answered on Jun 28, 2018
What a mess. Ideally you would have been working with an attorney and things would have been explained and put into writing.
Inventorship and ownership are not the same thing. If you work for IBM and invent something while at work, you are the inventor but IBM is the owner (often after... View More
answered on Jun 15, 2018
Yes. There is no requirement to be a United States citizen or a United States entity.
answered on May 25, 2018
The old rules were that you were not liable for infringing a patent until the patent issued. So you did not infringe a pending application.
That is still true but there is another form of damages called provisional rights (totally unrelated to provisional patent applications). The patent... View More
The present invention is a live saving devise to quickly assist those involved in an imminent accident and panic to respond to apply the vehicle's brake pedal. This devise with the push of the button #2 applying a positive current #1A to activated the solenoid #5, for a quick action to stop... View More
The present invention is a live saving devise to quickly assist those involved in an imminent accident and panic to respond to apply the vehicle's brake pedal. This devise with the push of the button #2 applying a positive current #1A to activated the solenoid #5, for a quick action to stop... View More
answered on May 21, 2018
In the United States, you need to file a patent application (and keep it alive) from before your first public sale, first public use, or before the one year anniversary of a public disclosure -- like posting it on your web site or YouTube. If your patent application was published, that counts as a... View More
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
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