Maryland Patents (Intellectual Property) Questions & Answers
Q: If someone has a patent on an idea how long do I need to wait to get a design patent on the same idea?
The person holding the patent has never brought the product to market. My design is different but the idea is the same.
You can't. You can't patent something that you did not invent. And you can't patent something that is already available to the public.
Now, if you have an invention that is sufficiently different from, or an improvement over, an existing product, then you should be able to patent it. And... Read more »
Q: Provisional patent Jeld Wen /Masonite could be interested in. lawyers available in this field to negotiate?
Our Product forms part of this industry's essential component with cost saving benefits. Their monopoly supplier American Containers 50m units pa could be interested?
If you really think you have something that would be worth licensing, then you should find the money to get a non-provisional patent application written and filed. I would suggest filing it with a Track One request and the relevant fee (which may be as low as $1000) in order to get a first Office... Read more »
Q: how many patents do laser beams (for eye correction, tattoo removal, etc.) have?
Over 130 thousand. Yes, there are a lot of patents that claim lasers or the use of lasers.
Q: William Holub, inventor of patent # 5681475, passed away 10 years ago. Can his widow receive compensation.
There is not a process for the United States Patent Office to provide compensation to widows of patent inventors.
Patent US5681475 was filed back in 1995 and is listed as expired. So unless there was an agreement with an assignee of the patent to share money with the inventors that has... Read more »
Q: What can I do if I believe my idea from invention company was stolen?
Beginning in Nov 2003 (approx) I started working with Davison Inventions. I eventually received a prototype of my idea, which I still have to prove that I had this idea and production in the works. We worked on this for quite some time--I have paperwork from Mr Sawyer to 3 different addresses... Read more »
It is very serious to accuse someone of stealing an idea. It does happen but you need to have your facts all lined up.
As your fact pattern did not include that you obtained a patent, you cannot sue for patent infringement. (yet).
You need to take all the relevant documents to... Read more »
Q: Current status of Patent
Patent #7,998,476 B2
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: Hello, when do I need to renew my patent?
Here is a helpful resource: https://www.uspto.gov/patents-maintaining-patent/maintain-your-patent
Q: Can I include a claim based on an old expired provisional patent application into a new application
The specification for the new application does not mention the concept on which the claim is based.
The old provisional application was authored by the same person as the new application.
The new application is based upon first to invent.
If you are seeking to file a patent application to claim something in a provisional application by some other inventor -- that does not work as you need to be the original inventor. You cannot file a patent application on a good idea that someone else had -- even if they did not seek to claim that... Read more »
Q: How much would it cost, and how long would it take, to file a patent for a new type of jewelry case?
It generally takes several days, maybe up to a week (or two, if there is a lot of back and forther between the inventor, attorney, and the drawing person), to put together a patent application. The whole process, from the filing of the application, until you get a patent, will be about 2 to 4... Read more »
Q: With a Provisional Patent; What are next steps to keep secure while shopping invention?
I have a gaming/dining table I am marketing with the provisional patent in place. What what be the best moves to make next in terms of trade secrets, non-competition agreements, non-disclosure, copyright, etc.?
You need to get connected with an attorney that has been down this road many times before. You will need a non-disclosure/non-use agreement that is used with folks that are given access to your design.
To the extent that you work with vendors to improve your design, the paperwork needs... Read more »
Q: What are steps to patent a process? Can this claim be on the same form as the design or utility patent?
I have a new and useful process to patent.
There are three types of patents in the US:
plant patents,
design patents (on the ornamental appearance of something), and
utility patents.
The latter is the most common so people frequently say patent rather than utility patent. Within utility patents, the... Read more »
Q: How important are number of pictures for patent? I have three for a gaming table
You need to have enough detail so that others can make and use your idea. Some patents have no drawings at all. Some have three or less. Some have dozens of drawings -- especially if they are showing many different variations on the idea or if there are many flow charts on processes.
I... Read more »
Q: I want to file an international patent; what are specific procedures and requirements?
There is not really an international patent. There is a process to file a patent application which serves as the front end for the patent application systems for 152 countries or regions http://www.wipo.int/pct/en/pct_contracting_states.html. This is a Patent Cooperation Treaty Application (PCT).... Read more »
Q: When filing an patent; what are specific differences relating to an improvement on an invention vs. an invention?
I have made an invention that can simply be completed by altering any type of table; end result being a what I'd term as an improvement on dining and gaming tables. I did not invent dining, gaming, or the combination of the two. However, I did invent without using any prior as inspiration, until... Read more »
Great question.
Here are some points to consider.
1) It is extremely rare that someone submits a patent application for the first x (first transistor, first airplane, first telephone). We remember those folks as they are few and far between. Most patent applications are filed on... Read more »
Q: I have tried USPTO recomended methods; Is there any other way to look up a specific item's patent number?
"Sterling Games 3 in 1 Chess Table" Is the product I altered for prototype; I emailed company I purchased from, they transferred me to manufacturer but no luck. The USPTO gives me plenty of examples of similar products, but not the exact one that I altered. Thanks for your any advice
Every patented product should have the patent information attached to it. If the product is such that it is not possible to attach patent information to it, then it should be on the packaging or any attached literature. Finally, recently it became legal to list on the product just a URL which... Read more »
Q: How many variations can be covered in one patent? I created a gaming table that I foresee being done in Multiple ways.
Gaming table utilizes a clear surface, but that could be done via glass, plastic, etc.
Table is also able to be fliped over utilizing both sides, however this could be done manually, mechanically, or electronically
Also, I am "American Indian" and do not belong to a federally... Read more »
There is no limit how many variations of ONE invention you can cover.
But, you cannot claim more than one invention in one patent. If the Examiner thinks that the claims cover more than one invention, then he/she will issue a restriction and ask you to elect only one invention to... Read more »
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