Get free answers to your Patents (Intellectual Property) legal questions from lawyers in your area.
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

answered on Jun 6, 2021
You need to find a manufacturer that will make what you need.
I have filed a provisional US patent 11+ months ago (I have about a week remaining to file full patent). I know in the US there is no way to extend this without loosing my priority date of May 2020. However, can I refile this as a PCT, claiming the May2020 priority date, and then file the full... View More

answered on May 6, 2021
This works, if international filing is important. However, there are better alternatives.

answered on Feb 2, 2021
Like a lot of things in life, it is hard to know the best way to do something until you have at least done some pilot projects. My slides at https://bit.ly/Patent__Searching give some tips.
It is hard to pick the perfect terms since some patents were translated into English and have a... View More
So I design and print custom sports cards myself and recently I have been getting a lot of interest in them. I understand Panini has the sole rights to create and sell NBA cards. Is there a way to sell the cards I create without infringing on Panini’s rights? I’ve heard altering existing... View More

answered on Oct 20, 2020
There is not enough information here to answer this fully, but here are some areas of potential concern:
1) The NBA's rights to the trademarks of teams and their own marks
2) The Teams' rights to their own marks
3) Copyright rights to the photos you're using... View More

answered on Aug 5, 2020
You can research this yourself at https://www.uspto.gov/web/patents/classification/
Use different keywords to research your invention - you may find more than one class that makes sense.
Keep in mind that regardless of what class you think your invention comes under, the patent... View More

answered on May 21, 2020
There have been a number of questions of this type. There is often confusion between two different concepts: inventorship and ownership.
An inventor is someone that made a non-obvious contribution to the project that ended up in at least one claim in the issued patent. The inventors are... View More

answered on May 7, 2020
Usually not. But, the analysis is often more complex than a simple, "Yes" or "No" answer. There are numerous factors to consider.
and hurts people with it. whom can you file suit with if they are trying to not get caught using it but you know they are using it. If we find out who funds it to bring about harm then they deserve a law suit coming their way.

answered on Apr 22, 2020
If someone creates a device, and patents that device, then he can keep others from making, using, selling, or offering for sale of that device.
The patent owner can keep almost anyone from using it, whether it is for a good use of an evil use. The patent owner can say, hey, I am going to... View More

answered on Apr 11, 2020
Being that the question remains open, at this point, the best way to find out could be to contact several attorneys and ask about their fees. Combined with some online research, that should provide a reasonable ballpark. Good luck
Tim Akpinar

answered on Mar 24, 2020
I used to work for a firm that defended the original Bell telephone patent court (long long before I was born). So I am well aware that improvements to a particular device such as a telephone may continue to come out for a hundred years or so. It is possible that your patent claims one set of... View More

answered on Mar 1, 2020
If he was a resident of Puerto Rico and left a Will, it will need to be probated in Puerto Rico. If he left it to you some other way there may be other ways to deal with it.

answered on Feb 10, 2020
Whether you infringe a pre-existing patent(s) with your product/method can likely be greater informed by completing a prior art search.
If you do not have a product and want to file a patent application based on your invention, a prior art search should still be completed.
If you... View More
It is handmade cat toy wand with wire and some attractive toy at the end.
Thank you in advance,

answered on Feb 2, 2020
That is a tough question. You can hire an attorney to give you a good answer, but it will cost you much more money than you could ever make on the toy.
Here is a safer bet: if there is toy that has been around for the past 20 years or longer, then you should be safe from patent... View More
I want to know if I can prevent other vendors or manufacturers from replicating my idea .

answered on Jan 30, 2020
I assume that you have designed some sort of a bottle or a container for holding nail polish, hair gel, mascara, body lotion, etc.
You have several options.
First, you should trademark the name of your product, and possibly the logo.
Second, you may want to get a design... View More
Even though you can't physically see air, it is composed of several components that it's created from such as nitrogen and oxygen.

answered on Jan 22, 2020
You cannot claim something natural. It has to be manmade.
You can claim a machine or device that uses air. For instance, a hot air balloon.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.