Intellectual Property Questions & Answers by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Intellectual Property Questions & Answers
Q: Is this an international patent or just for the UK and US?
1 Answer
| Asked
in
Intellectual Property, International Law and Patents
on
Answered on Jun 22, 2018
Answered on Jun 22, 2018
Peter D. Mlynek's answer
No, it is not an international patent. This is because there is no such thing as an "international patent". There is an international patent *application*, which starts with the letters "PCT/" or "WO".
You should be able to readily ascertain if a patent publication is a patent or not, because the front page usually tells you that it is a patent, and it also tells you the name of the jurisdiction.
No, it is not an international patent. This is because there is no such thing as an "international patent". There is an international patent *application*, which starts with the letters "PCT/" or "WO".
You should be able to readily ascertain if a patent publication is a patent or not, because the front page usually tells you that it is a patent, and it also tells you the name of the jurisdiction.
Q: How do u find out if someone has a patent on a wooded kite?
1 Answer
| Asked
in
Copyright, Intellectual Property and Patents
for
Colorado
on
Answered on Jun 17, 2018
Answered on Jun 17, 2018
Kevin Flynn's answer
The only way to know is to search. Even if you search you may have some small risk that a patent application is ahead of you in the pipeline but is not visible yet. However, searching is the commercially reasonable way to reduce your risk of running into a problem.
One strategy is to limit what you do to things in expired patents. That won't work for high tech but for some products where a solution from 20 years ago may be commercially viable today, that is safety. No one should be...
The only way to know is to search. Even if you search you may have some small risk that a patent application is ahead of you in the pipeline but is not visible yet. However, searching is the commercially reasonable way to reduce your risk of running into a problem.
One strategy is to limit what you do to things in expired patents. That won't work for high tech but for some products where a solution from 20 years ago may be commercially viable today, that is safety. No one should be...
Q: How does Tangle Inc still have the patent for the tangle toy? I remember grew up having it as a toy in my childhood.
2 Answers
| Asked
in
Copyright, Intellectual Property and Patents
for
Michigan
on
Answered on Jun 10, 2018
Answered on Jun 10, 2018
Peter D. Mlynek's answer
This type of a question is fairly common. How can there be a patent on something that has already been in existence many years before the patent was ever filed?
The answer almost always is that the patent claims a product that is somehow improved over the old product. There is something in the claims that seems totally unimportant when you read the claim, that actually makes the new product patentable over the old. This improvement does not have to be very drastic or really all that...
This type of a question is fairly common. How can there be a patent on something that has already been in existence many years before the patent was ever filed?
The answer almost always is that the patent claims a product that is somehow improved over the old product. There is something in the claims that seems totally unimportant when you read the claim, that actually makes the new product patentable over the old. This improvement does not have to be very drastic or really all that...
Q: Strangers broke down left their car on my property. Tried calling them, phone is off. Been here 25days. How to claim $?
Andrew Zulieve Esq's answer
File a report with the local police and let them investigate the matter for possible criminal charges.
File a report with the local police and let them investigate the matter for possible criminal charges.
Q: Can safely I register a domain name that sells advice on a major ecommerce platform ex:"NewEggQuestionsAnsweredHere.com
Andrew Zulieve Esq's answer
Your question is a common one, and I typically advise any client who asks it as follows. If you have to ask an attorney that question, you probably realize that your proposal to adopt a domain name incorporating another's domain name or trademark is a potentially risky one. Because of this, I typically urge a client to reconsider that approach. In any event, before you decide one way or another, you should discuss it with an experience attorney in that area of law.
Your question is a common one, and I typically advise any client who asks it as follows. If you have to ask an attorney that question, you probably realize that your proposal to adopt a domain name incorporating another's domain name or trademark is a potentially risky one. Because of this, I typically urge a client to reconsider that approach. In any event, before you decide one way or another, you should discuss it with an experience attorney in that area of law.
Q: Can I use an abandoned trademark name / Make money doing so without repercussions.
2 Answers
| Asked
in
Copyright, Intellectual Property and Trademark
for
Michigan
on
Answered on Jun 7, 2018
Answered on Jun 7, 2018
John Espinosa's answer
Not necessarily. An abandoned could be revived, and could already or still be in use in commerce so is not necessarily available for use https://www.uspto.gov/trademark/laws-regulations/overview-final-rule-revivals-reinstatements-and-petitions-director
Not necessarily. An abandoned could be revived, and could already or still be in use in commerce so is not necessarily available for use https://www.uspto.gov/trademark/laws-regulations/overview-final-rule-revivals-reinstatements-and-petitions-director
Q: Is this license applicable to my software? https://cdn.shinobi.video/agreements/LICENSE.txt
Andrew Zulieve Esq's answer
Dear Madam or Sir:
If you would please clarify what question you are asking, that would be appreciated. If you are inquiring if your use license can charge a fee for commercial use of the proprietary software, while allowing such use free for non-commercial purposes, I see no reason why not. However, I would enlist the services of an attorney experienced in drafting copyright licenses. In my opinion, that would be money well-spent.
Dear Madam or Sir:
If you would please clarify what question you are asking, that would be appreciated. If you are inquiring if your use license can charge a fee for commercial use of the proprietary software, while allowing such use free for non-commercial purposes, I see no reason why not. However, I would enlist the services of an attorney experienced in drafting copyright licenses. In my opinion, that would be money well-spent.
Q: Can I use pictures of celebrities, musicians, album covers in a blog that compares/contrasts or has surveys?
Andrew Zulieve Esq's answer
Your proposed unauthorized use is a risky one exposing you to a civil action in federal court for copyright infringement.
Your proposed unauthorized use is a risky one exposing you to a civil action in federal court for copyright infringement.
Q: Am writing a comic book - should I just get a copyright on that, or on the characters too?
Andrew Zulieve Esq's answer
Under the U.S. Copyright Act of 1976, as amended, copyright is automatic upon the creation and fixation of an original work of authorship in a tangible medium. Placing copyright notice is not required, but provides some worthwhile benefits. Registration with the U.S. Copyright is not required to perfect copyright but is inexpensive and valuable. Registration is required to maintain a civil lawsuit for copyright infringement in federal court.
Under the U.S. Copyright Act of 1976, as amended, copyright is automatic upon the creation and fixation of an original work of authorship in a tangible medium. Placing copyright notice is not required, but provides some worthwhile benefits. Registration with the U.S. Copyright is not required to perfect copyright but is inexpensive and valuable. Registration is required to maintain a civil lawsuit for copyright infringement in federal court.
Q: Would this situation be considered trademark infringement? Details provided. Thank you!
Benton R Patterson III's answer
The USPTO may deny the application based on the conflict with your registration. I would continue to watch the application. If it is published for opposition, you may want to retain an attorney to oppose the registration. It is also possible that both trademarks can exist concurrently if the other company is truly a prior user.
The USPTO may deny the application based on the conflict with your registration. I would continue to watch the application. If it is published for opposition, you may want to retain an attorney to oppose the registration. It is also possible that both trademarks can exist concurrently if the other company is truly a prior user.
Q: Incorporation in Delaware: trademark exists for company name but in different sector
Benton R Patterson III's answer
An attorney would need to review all the facts to answer this question. Here are some general observations that may be helpful.
The oil company trademark could be an issue if the products/services are similar. For example, if that trademark is for geo-location services and your software company provides something similar, it could be a problem. If you provide point of sale systems and the oil company's trademark is for drilling contracting, you are likely fine. US trademark...
An attorney would need to review all the facts to answer this question. Here are some general observations that may be helpful.
The oil company trademark could be an issue if the products/services are similar. For example, if that trademark is for geo-location services and your software company provides something similar, it could be a problem. If you provide point of sale systems and the oil company's trademark is for drilling contracting, you are likely fine. US trademark...
Q: Current status of Patent
Kevin Flynn's answer
PAIR shows this case as alive and the fees were paid at 3.5 years so next fee window opens 8/16/2018.
I hope this helps.
Kevin E Flynn
PAIR shows this case as alive and the fees were paid at 3.5 years so next fee window opens 8/16/2018.
I hope this helps.
Kevin E Flynn
Q: Good Day I want to find out about a company named Vantera Commodities Group LLC including it's owner named Don Polk
1 Answer
| Asked
in
Consumer Law, Copyright, Business Law and Intellectual Property
on
Answered on May 28, 2018
Answered on May 28, 2018
John Espinosa's answer
Registrations status is easy to check with the Secretary of State's office in the company's home state and every other state it does business in. Licenses and permits will also have to be checked state by state, as will criminal records. There are attorneys and companies you could hire that specialize in these kind of due dilligence compliance searches for businesses.
Registrations status is easy to check with the Secretary of State's office in the company's home state and every other state it does business in. Licenses and permits will also have to be checked state by state, as will criminal records. There are attorneys and companies you could hire that specialize in these kind of due dilligence compliance searches for businesses.
Q: Hello, when do I need to renew my patent?
2 Answers
| Asked
in
Copyright, Intellectual Property and Patents
for
Maryland
on
Answered on May 28, 2018
Answered on May 28, 2018
John Espinosa's answer
Here is a helpful resource: https://www.uspto.gov/patents-maintaining-patent/maintain-your-patent
Here is a helpful resource: https://www.uspto.gov/patents-maintaining-patent/maintain-your-patent
Q: If I published a book of jokes found on the Internet ... What are my liabilities? Maybe I add uniqueness to each ...?
1 Answer
| Asked
in
Copyright, Products Liability, Communications Law and Intellectual Property
for
South Carolina
on
Answered on May 27, 2018
Answered on May 27, 2018
John Espinosa's answer
What you are talking about is creating a derivative work that you can then copyright. You can only do that if it is not substantially similar to the existing work. What you propose here is not enough to pass that test. Here is a helpful resource from the copyright office so you can see what I mean: https://www.copyright.gov/circs/circ14.pdf
What you are talking about is creating a derivative work that you can then copyright. You can only do that if it is not substantially similar to the existing work. What you propose here is not enough to pass that test. Here is a helpful resource from the copyright office so you can see what I mean: https://www.copyright.gov/circs/circ14.pdf
Q: Can I post photos of celebrities, musicians, etc. on my own personal website if I'm deriving profit from the website?
1 Answer
| Asked
in
Copyright, Intellectual Property, International Law and Internet Law
for
New Hampshire
on
Answered on May 24, 2018
Answered on May 24, 2018
John Espinosa's answer
If you are using it to make money it is not a personal use but a commercial one. Don't use the photos without getting permission from the copyright holder.
If you are using it to make money it is not a personal use but a commercial one. Don't use the photos without getting permission from the copyright holder.
Q: I have questions regarding the jack g ohringer patents
1 Answer
| Asked
in
Copyright, Intellectual Property and Patents
for
California
on
Answered on May 20, 2018
Answered on May 20, 2018
Kevin Flynn's answer
There are only two in the Google Patent system for that name but sometimes folks use a formal legal name when filing legal documents.
Here is a link to the two that show up as Jack
https://patents.google.com/?inventor=jack+g+ohringer&oq=jack+g+ohringer+
It is not clear what your question is.
There are only two in the Google Patent system for that name but sometimes folks use a formal legal name when filing legal documents.
Here is a link to the two that show up as Jack
https://patents.google.com/?inventor=jack+g+ohringer&oq=jack+g+ohringer+
It is not clear what your question is.
Q: I want to some information regarding trademarks patent copyright intellectual property details provided below
2 Answers
| Asked
in
Copyright, Intellectual Property, Patents and Trademark
on
Answered on May 20, 2018
Answered on May 20, 2018
Peter D. Mlynek's answer
In order to give you a full answer, you are going to have to hire an intellectual property attorney. But in a nutshell, you may be able to do that.
A business can protect its inventions by patents, its original works under copyright laws, its expression of its products by trademark. However, a business cannot protect its ideas. Ideas by themselves are not protectable.
So if you see a competitor identify a problem that the competitor solves and makes lots of money, there...
In order to give you a full answer, you are going to have to hire an intellectual property attorney. But in a nutshell, you may be able to do that.
A business can protect its inventions by patents, its original works under copyright laws, its expression of its products by trademark. However, a business cannot protect its ideas. Ideas by themselves are not protectable.
So if you see a competitor identify a problem that the competitor solves and makes lots of money, there...
Q: How does one file for a patent? What is the process to follow?
Peter D. Mlynek's answer
Congratulations on your work. I hope that it is successful.
As you know, cancer treatment is an extremely difficult problem. It is probably the ultimate medical challenge. Breast cancer is the most expensive cancer for our society.
Actually, getting a patent is going to be probably the easiest and cheapest part of the long road to get a drug based on your invention to the market. I’ve done a number of such patent applications. By the way, getting a patent on a natural...
Congratulations on your work. I hope that it is successful.
As you know, cancer treatment is an extremely difficult problem. It is probably the ultimate medical challenge. Breast cancer is the most expensive cancer for our society.
Actually, getting a patent is going to be probably the easiest and cheapest part of the long road to get a drug based on your invention to the market. I’ve done a number of such patent applications. By the way, getting a patent on a natural...
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.
