Babak Akhlaghi Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2025

That is a great question. To safeguard your idea and address potential concerns about existing patents, you can pursue two types of searches:

1. Patentability Search: This search assesses whether your idea is patentable by determining if it is new and non-obvious compared to existing prior... View More

Alan Harrison Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2025

It is extremely unlikely that you may be able to obtain a patent on a "business idea for services" under the current state of the law regarding patent protection. This sounds like the kind of "101-ineligible" invention that has been trounced by Supreme Court decisions like... View More

Your best bet is to contact the current owner to see if it is commercializing the patent and where.

The current owner of this patent is AB Merculor, located at Hillersvagen 3, Hagersten 129 35 in Sweden.

If you have trouble contacting them, their U.S. law firm is Birch Stewart... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2024

In general, for someone to claim a patent on a concept, the idea must be new, non-obvious, and useful. If a game has been widely played and known for a long time, it's unlikely that someone could successfully patent the game itself, as it would not meet the criteria for novelty. Patenting... View More

Using a trademarked name for your new tech company can be legally complex and potentially risky. Trademarks are protected intellectual property, and using a trademarked name without permission could lead to legal issues, including allegations of trademark infringement.

To determine if you... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2024

Using a name that is already trademarked in one category for a new company in a different category, such as from entertainment/toys to tech, might be possible, but it depends on several factors. Trademarks are generally sector-specific, meaning that protection typically extends only to the same or... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024

For a product to qualify for a utility patent, it must be novel, non-obvious, and useful. This means your idea must be significantly different from any existing products or patents, offer a new way of doing something, or provide a new technical solution to a problem. The presence of similar... View More

Stephen E. Zweig Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 28, 2023

This is covered by Federal law 35 USC 287.

The law limits the patent holder's ability to recover for past patent infringement damages to the first point in time when the infringer was notified about the patent. By contrast, by marking the product, the infringer is legally assumed to... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 30, 2023

In the United States, marking a product with its patent number is not a legal requirement, but it can be beneficial. If a product is marked with its patent number, it serves as a public notice of the patent, which can enhance your ability to claim damages in a patent infringement case. However, the... View More

Yes, the owner of the patent can still sue. There is a rule that if a product has a device patent and does not mark the product with the patent number or a web site with the patent numbers, then the owner forfeits damages up to the point that the notice is given (often the filing of the law suit).... View More

In the U.S., proper marking requires a manufacturer to mark the patented product with the word “Patent” or abbreviation “Pat.” followed by a listing of the applicable patent numbers. The marking should not be concealed, and it should be easy to read.

To virtually mark a product, a... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 4, 2025

First, confirm whether that design patent is still enforceable by checking its issue date and validating that the 15-year term from issuance has not expired. You can do this through the U.S. Patent and Trademark Office’s public search tools or by ordering a certified patent-status report.... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2025

Start by gathering publicly available indicators. You can review SEC filings, import-export records, retailer point-of-sale data, and industry market reports to estimate unit volumes and revenue. Comparing multiple sources helps reveal gaps or inconsistencies.

If more precision is required,... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 7, 2025

To determine if your design violates U.S. Patent No. 11,097,614, we need to closely examine the patent claims. The patent primarily focuses on motor driver technology that uses MOSFETs, so the use of MOSFETs in your design may not be a major point of concern. However, your specific features, like... View More

Alan Harrison Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2025

I'm a hockey dad, so your question is very interesting to me. There certainly are patents for hockey gloves, but whether any of those might cover the specific gloves you want to "private label" … really hard to say. Answering that question even tentatively would require a massive... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2024

To patent a new type of music system for learning, you would likely need a utility patent. This type of patent covers new and useful inventions or discoveries. It protects the way the system works and its functionality.

The cost of hiring a patent attorney can vary widely. For a patent... View More

Harman owns many patents. Typically, if someone has one or more patent(s) on a particular product, that product (or its packaging or labeling) will list the patent number somewhere (or else will identify a website that does), because the owner of the patent(s) cannot collect damages for... View More

Stephen E. Zweig Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 25, 2023

A lot will depend on whether your modified protocol is legally "obvious" or not. Here, the legal question is if the modification would appear apparent to a person of average skill in the art (here, "average skill" in biotech is Ph.D. level).

If you did something unusual... View More

It certain instances, it would depend on what type of product it is. There is nothing inherently wrong with using the term "baseball" in a product name. And if the product relates to baseballs, this is a generic term, so no one can stop you from using this term. However, it is possible... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2023

Yes, it is possible to obtain a patent for a new prototype for a protective neck gaiter. A patent is a legal right granted by the government to the inventor of a new and useful invention, which provides the inventor with the exclusive right to make, use, and sell the invention for a limited period... View More