Get free answers to your Patents (Intellectual Property) legal questions from lawyers in your area.
I am dealing with an unscrupulous inventor who tries to sell his software patent. He tries to sell it with development done by a 3rd party. That 3rd party has already confirmed to me they are not interested in working on it, because the inventor is ineligible. Also, I was hired by the inventor to... View More

answered on Nov 12, 2019
Once the patent issues or a patent application is published, then you should be able to see details in the assignment database at https://assignment.uspto.gov/patent/index.html#/patent/search . You will also be able to see the relevant information in Public PAIR once you know the application... View More

answered on Jul 28, 2019
Is what an actual patent or just an application?
You may want to resubmit this question wither with a link or a document number.
....furthermore, while said idea has not been disclosed in public form, it turns out that the attorney/agent has accepted another client with the same inventive idea in process of being applied for - what is the attorneys legal obligation to 2nd client? Tell him that his idea has been... View More

answered on Jul 18, 2019
Ideally, the process would not get that far. The attorney should ask each prospective client to say without disclosing anything proprietary what type of good or service have you improved? When the attorney learned that the second inventor was in the same space as the first client (possibly with... View More
let say if im taking a frame for glasses what it is a public design and im making it glow in the dark can i put a patent?

answered on Jun 21, 2019
Sorry, but no. You will likely not be able to patent glow in the dark glasses, just by taking glasses and putting a glow in the dark paint on them. Putting a glow in the dark tape or paint on things to make those things glow in the dark pretty obvious; that is the whole point of having glow in... View More
I am in the process of making washable coloring poster, accidentally similar composition to this tablecloth patent. I am using 100% polyester fabric (instead of a blend like this tablecloth), and the same Polyurethane backing - will this violate the patent?
Purpose is very similar, but... View More

answered on Jun 17, 2019
Your question did not include the patent number.
But here are some basic pointers.
1) Make sure that the patent of potential interest is still in force. It may have expired at the end of its full term. It may have lapsed early for failure to pay a maintenance fee.
2) Look... View More

answered on Jun 3, 2019
As a person with curiosity, you should develop your skills using the free patent search tools. Some useful tips are in my slide set on patent searching that I provide to entrepreneurs. http://bit.ly/Patent_Searching. I hope this helps.
Kevin E Flynn
I plan on bringing it to GenCon in August, but I am concerned someone may use my mechanics and concept for their game. I'm also not sure whether to patent the game, copyright, trademark or start a DBA. What would be the next step?

answered on May 19, 2019
Boardgames have traditionally been protected by copyrights and by trademarks.
This is good news for you, because it looks like the protection is going to be relatively cheap.
Good luck in Indianapolis!
Hello , I have recently made incursions towards making a brand out of a specific product and discovered that is patent protected . Us 8,246,496 ; 8,579,737 these are the patents , now my question is , how can I sell them . Is it enough if I modify something in the product or do I need approval fron... View More

answered on May 4, 2019
You are going to have to hire an attorney to help you with this. Especially if you received a cease and desist letter.
You should also note that there are 4 other patents in this family (specifically, 9,162,127; 9,463,367; 9,480,894; and 9,999,816) that might be relevant to you.... View More
Can you ask a manufacturer (fabric Mill or factory) to sign an NDA if they are developing a product for you that you brought to them to develop?

answered on Apr 26, 2019
You can ask them to sign agreements. The agreement should be written by a law firm that frequently does this sort of work. A agreement that you write based on something that you found on the internet is not really a good answer.
Depending on the country where they manufacturer is located,... View More
I cannot 'deploy' the invention, of course, since I cannot issue credit cards. The idea is specific to how card fees are charged. How can I protect it.

answered on Mar 21, 2019
I can't tell you that you can patent your invention. You can patent an invention that is patentable subject matter. It must be new, non-obvious and you must be the first to apply for a patent on the invention. You don't need a prototype so long as the invention is fully developed/designed.
covered by this patent of magna ready.
my shirts will have a hidden magnet on either side of the placket so that it clicks and closes the shirt from the front

answered on Feb 6, 2019
Your question as passed on to lawyers was garbled. So I am guessing at what you asked.
It is hard to believe that there is a non-expired patent that covers using a magnet to close portions of a shirt. The good news is that I am not aware of any synonyms to the word "magnet"... View More
we have anti cancer drug. we would like to file ?how much would it cost including hiring lawer ?

answered on Feb 5, 2019
To file a patent in the US will cost you $730, regardless of what the subject matter is.
How much will it cost you to get patent protection for an anti-cancer drug is a totally different question. As you know, cancer is the number 2 killer of people in most of the world, and will be #1... View More

answered on Jan 22, 2019
I am sorry, but you are going to have a tough time finding someone good to do pro bono work in patent law. Unless you are a church, a non-profit group, or some charitable organization, pro bono patent work is pretty much non-existent. The reason is that unlike in criminal law, patents are a... View More

answered on Jan 18, 2019
Here are some tips on doing your own patent searching. http://bit.ly/Patent_Searching You may want to augment this effort with hiring a patent attorney to do some additional checking.
I hope that this helps.
Kevin E Flynn
I have the warranty deed and title. I want to claim it private. There is no mortgage and the title is clean. How do I claim it private? where is the acceptance of deed to file a patent claim form?

answered on Jan 15, 2019
I am sorry, your question was sent out to people that seek patents for inventors. You need to submit this question under the category of real property.
I hope this helps.
Kevin E Flynn
Or can I focus my patent research for my product as ONE object only (with its function)? For example, a water bottle with temperature sensor. Do I have to make sure that there is no patented temperature sensor for any other usage and not only for related to my product? I am a bit confused. Please... View More

answered on Dec 25, 2018
This is a common question.
No, you do not have to make sure that every single part of the product is not yet patented. Almost all patented products have parts that are already known. So, in your example, for a water bottle with a temperature sensor, it is OK to take a commercially... View More

answered on Nov 27, 2018
Yes, this is done all the time. Your patent would be a formulation patent. The majority of patents that I write are formulation patents.
A couple of notes:
(1) The biggest problem that you need to overcome is the obviousness rejection. You can't just take known ingredients,... View More

answered on Nov 14, 2018
Short answer: Maybe.
Long answer: Generally speaking methods of providing a therapy are patentable, but it is hard to get into the any specifics without some factual context for your case (and I recommend against seeking same in a public forum). All patents are subject to the statutory... View More
What if a competitor copies my website (same look and feel, 80% same text, and exact same process). He used my work as a template for his.

answered on Nov 7, 2018
It is hard to patent a web site under the current case law. You usually need to show that you have invented a way to make web sites work better and that is normally independent of the content of the web site.
Putting that aside for now -- one cannot take something that is already in... View More

answered on Nov 4, 2018
The answer is that you need to find a noun or verb in each independent claim of that patent that you do not have. Alternatively, you need to do some searching of prior art and find reasons why that patent should not have been issued as it was too close to the prior art.
This is hard work... View More
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.