Get free answers to your Patents (Intellectual Property) legal questions from lawyers in your area.
How can this person legally claim to have invented Pickleball? Is there a money involved in this? It’s like if I, an American, claim to invent rice.
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 
answered on Mar 29, 2024
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
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
I have an idea for a new application of an existing product. Moreover, I found 2-3 existing patents that are similar concepts but different applications.
Would I be able to get any type of patent?
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
If a product is not marked that it has a patent nor does it say anywhere on the product page, website etc. can the patent owner still file for patent infringement?
answered on Jan 4, 2024
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
If a product is not marked that it has a patent nor does it say anywhere on the product page, website etc. can the patent owner still file for patent infringement?
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
If a product is not marked that it has a patent nor does it say anywhere on the product page, website etc. can the patent owner still file for patent infringement?
answered on Dec 28, 2023
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
If a product is not marked that it has a patent nor does it say anywhere on the product page, website etc. can the patent owner still file for patent infringement?
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
I want to patent a new type of musical system. How much is the cost for a lawyer to help with patent search and filling fee?
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
I want to find out if I could use the device to expand on the design and technology in it more so to future proof it and lessen environmental effects on the planet from landfill pollution of electronics.
answered on Sep 25, 2023
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
I discovered a production protocol that worked well with a protein interesting as a biomaterial. I modified protocol and want to patent it. Is it possible?
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
answered on Aug 22, 2023
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
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
What I look up they should section 5-1503 is there
answered on Jan 31, 2023
Often, banks reject valid Powers of Attorney. Have a free telephone consultation with counsel.
Jack
I am asking on behalf of someone else. I believe this is a civil case and the defendant has only heard from a friend about the lawsuit who is also a defendant included in the case.
answered on Jan 14, 2023
Your friend should contact a patent litigation lawyer for advice. Not engaging in the lawsuit can have serious, permanent consequences as to the determination of your friend’s rights. It is possible that the process server took all required steps to serve your friend, filed affidavits of service,... View More
I sold a similar patent expandable bellows (Patent # 11,131,410) product on Amazon and got a complaint. So how do I get permission for this to be legal.
answered on Aug 24, 2022
Dear Mrs or Mr,
in this case you can either contact the patent owner to give you permission (licence) and then forward this agreement to the amazon.
If you think you have been wrongfully accused by the complainant, you can appeal to amazon if your product listing has been removed.... View More
I am a non US citizen lives in India and A Patent infringement case has been filed against me and several other US & Non US based sellers for selling online. Is there any way I can write to the Court without hiring a Lawyer to avoid a default judgement as I can't afford an attorney.
answered on Jul 31, 2022
No, I am sorry, but there really is no way to do that. You'll need to hire an attorney to fight it.
In some countries, the judgment of a court in the US is not-enforceable. If you don't have any property to be seized in the US, and there is no way to collect it in India, it is... View More
answered on Jan 24, 2022
Kudos to you for wanting to do the right thing. The answer is that you need to work with a patent attorney to do a freedom-to-operate (sometimes called clearance) search. The attorney or a contractor working for the attorney will look for patents that that have not expired or published... View More
My patent lawyer also did a search (we both did), and there was nothing similar in the patent library.
Just last week in Jan. 2022, a product entered the market very similar to mine, claiming to have a pending patent.
I'm not sure if my idea was stolen or if they also came up... View More
answered on Jan 20, 2022
It depends. You need to have a deep conversation with your patent attorney.
IF the other guys filed before you, it is possible that they have an upper hand.
If you filed first, they would not have a way to know about your invention unless you made it public.
If you get the... View More
answered on Nov 23, 2021
With the tips in this slide set, you can use Google Patents and the USPTO patent database to answer this question and to additional questions that might arise.
Good luck
https://bit.ly/Patent__Searching
Kevin E flynn
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.
