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Indiana Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: Is it necessary to go to the Patent Office to get a patent?
Paul Overhauser
Paul Overhauser answered on Mar 22, 2011

No. Most business with the Office is conducted by email and written correspondence. Interviews regarding pending applications can be arranged with examiners if necessary and are often helpful.

Paul Overhauser

www.iniplaw.org

www.overhauser.com

317- 891-1500

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: If a friend and I work together to make an invention, to whom will the patent be granted?
Paul Overhauser
Paul Overhauser answered on Mar 22, 2011

If both you and your friend had a share in the ideas forming the invention as defined in the claims – even if only as to one claim, you are joint inventors and a patent will be issued to them jointly on the basis of a proper patent application. If, on the other hand, one of these persons has... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: If a first person furnishes all of the ideas to make an invention and a second person employs the first person

Or furnishes the money for building and testing the invention, should the patent application be filed by the first and second persons jointly?

Paul Overhauser
Paul Overhauser answered on Mar 22, 2011

No. The application must be signed by the true inventor, and filed with the Patent Office, in the inventor's name. This is the person who furnishes the ideas (e.g. the first person in the above fact pattern), not the employer or the person who furnishes the money.

Paul...
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1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: Does the Patent Office set the fees charged by patent attorneys for a patent?
Paul Overhauser
Paul Overhauser answered on Mar 22, 2011

No. The price is between you and your patent attorney, and the Patent Office takes no part. To avoid misunderstanding you may wish to ask for estimate charges for: (a) the search (b) preparation of the patent application, and (c) prosecution.

Paul...
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1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: What do the terms "patent pending" and "patent applied for" mean?
Paul Overhauser
Paul Overhauser answered on Mar 22, 2011

"Patent pending" means you applied for a patent, and the application is still active - it has not been finally rejected, or, issued as a patent. "Patent applied for" is not a commonly used term, but it means that a patent application was filed, even though it could have been... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: A large company has sued me an other in my industry for patent infringement. We think the patent is bogus. What to do?
Paul Overhauser
Paul Overhauser answered on Mar 22, 2011

Some patent owners file many individual suits in different jurisdictions against purported infringers, with the hope that they can obtain quick settlements. However, it can potentially be prudent for the various defendants to join forces and have all the various lawsuits consolidated in one court... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: If I am attempting to patent something, how much is a lawyer needed?
Paul Overhauser
Paul Overhauser answered on Mar 21, 2011

If you have experience with patents, you may not need an attorney. For example, if you are an inventor at a large company that has patented many of your ideas, you may be very familiar with the process and how to write an application. Failing this, you really should use an attorney. I say this... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: What is the "inequitable conduct" defense in patent infringement litigation?
Paul Overhauser
Paul Overhauser answered on Mar 21, 2011

A patent applicant has an obligation under 37 CFR 56 to disclose to the Patent Office information that is "material" to the patentability of the patent application. If the applicant withholds or misrepresents information when dealing with the Patent Office, a court, in a later... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: What is the difference between a provisional and a non-provisional patent application?
Paul Overhauser
Paul Overhauser answered on Mar 21, 2011

A "provisional" patent application is not a "real" patent application in the sense that it will not result in the issuance of a patent. However, it establishes a date of invention. You then have 12 months to file a "non-provisional" patent application which claims the... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: I've invented a toilet with an automatic exhaust fan that goes on when you sit on it. Is it patentable?
Paul Overhauser
Paul Overhauser answered on Mar 21, 2011

First, it is not a good idea to disclose your invention in a public forum like this until you have determined whether your invention is patentable. That being said, there is not sufficient information to determine patentability. It would be necessary to learn more information about your invention,... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: How long does a patent last?
Paul Overhauser
Paul Overhauser answered on Mar 21, 2011

The term of a patent depends on the country that issued the patent, on the type of patent, and on whether "maintenance fees" have been paid. In the US, a "utility" patent lasts 20 years from the date of the first patent application giving rise to the patent. However, the patent... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: Are patents good in other countries?
Paul Overhauser
Paul Overhauser answered on Mar 17, 2011

You must file for patent protection in each individual country in which you want protection. Usually companies select which countries to seek patents in based on where the biggest markets for the invention are located. The costs for patent protection varies considerably from one country to the... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: How do I get a patent?
Paul Overhauser
Paul Overhauser answered on Mar 17, 2011

To get a patent, you need to file a "non-provisional" patent application. While legally, you are not required to use a patent attorney to file for a patent, the patent regulations are very complex, and most businesses and individuals use a patent attorney. More information about the... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: How do I get a patent?
Paul Overhauser
Paul Overhauser answered on Mar 17, 2011

To get a patent, you need to file a "non-provisional" patent application. While legally, you are not required to use a patent attorney to file for a patent, the patent regulations are very complex, and most businesses and individuals use a patent attorney. More information about the... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: How much does a patent application cost?
Paul Overhauser
Paul Overhauser answered on Mar 17, 2011

The cost of a patent application varies widely depending on the invention you seek to protect. A very simple design patent application might cost $500 - $1,000 to get on file. I've done very complex patent applications for telecommunications systems that have cost nearly $30,000. Moreover,... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: What are the benefits of filing for a patent?
Paul Overhauser
Paul Overhauser answered on Mar 17, 2011

In my experience, there are five reasons businesses get patents. First, and most prevalent, is to obtain a monopoly on the patent technology. In other words, a patent owner can prevent others from making, using or selling the patented invention. Second, you can make money by selling or licensing... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: Do i need a lawyer to file for a patent?
Paul Overhauser
Paul Overhauser answered on Mar 15, 2011

No, you do not need a lawyer to file for a patent. The US Patent Office website lists the requirements for a patent application here: http://www.uspto.gov/patents/resources/types/utility.jsp However, it is a good idea to use an lawyer if you have not been through the patent process before. Most lay... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: I had an idea for an invention while working at WalMart in OH but don't work there now. Would they have any claim on it?
Paul Overhauser
Paul Overhauser answered on Mar 15, 2011

Assuming you never signed an agreement with WalMart stating that you would assign inventions to them, it is very unlikely that WalMart has a claim on your invention. Except in instances where there is an agreement, or a particular employee was ""hired to invent,"" the employee,... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: Q. What do the terms "patent pending" and "patent applied for" mean?
Paul Overhauser
Paul Overhauser answered on Jan 16, 2011

"Patent pending" means you applied for a patent, and the application is still active - it has not been finally rejected, or, issued as a patent. "Patent applied for" is not a commonly used term, but it means that a patent application was filed, even though it could have been... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: Are invention promotion companies reliable and trustworthy?
Paul Overhauser
Paul Overhauser answered on Jan 15, 2011

This can't be answered in the abstract - some companies are legitimate and some do a very poor job. No. The Patent Office publishes complaints regarding invention promoters and replies from the invention promoters. Questions or complaints can be sent to Mail Stop 24; Director of the U.S.... Read more »

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