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

If you have come up with a pillow that is different in operation from other pillows (it has a better way to vent so that it stays cool) or you have come up with a way to make pillows that is less expensive, then you can consider a utility patent.

Assuming that you have the first pillow in... View More

It would be a long shot but you may want to consider whether the five previously known items combined together for what you call a "new purpose and function" could be protected with either a method claim or a kit claim.

You may want to look at my slide set on searching and see if... View More

You will need to contact a patent attorney. Patents are not something that most people can do themselves; unless you've worked on a number of patent applications with a patent attorney before and understand the entire process, you really need to have a patent attorney do the work for you.... View More

Yes, you can.

But, it is by no means easy. If you just take a known supplement and use a known method to prepare an oral strip containing the supplement, then you will likely not get a patent on it. The reason for this is because you are just combining prior art elements according to... View More

I do not see a patent issue here. It appears that Justia does not have a category that is a great fit. You may want to use another tool and look for someone with a background in Import and Export law that understands the nuances in this space.

There are lots of items that are deemed to... View More

You should file for registration of the product logo only, both cartoon images, and likely for the combination of the two. It may be worthwhile considering filing for a trademark for each of the two characters separately.

The reason for so many filings is that (a) you don't know what... View More

No. Patent term extension is not exclusive to therapeutic drugs (i.e. those listed in the Orange Book). Patent term extension is available depending on how the application was prosecuted, and events that occurred during prosecution.

Under the relevant patent law (35 USC Section 271) it is illegal to make, use, offer to sell, or sell a patented device. It is also illegal to actively induce infringement of the patent.

So under the right facts, there can be liability for providing instructions that are tailored to... View More

As this application has been published and you know the publication number, everything that has happened to date, including the filing receipt, is available as PDF files at USPTO Public PAIR.

https://portal.uspto.gov/pair/PublicPair

The default value for accessing a file is the... View More

https://patents.google.com/patent/US6336891B1/en is one place to see images for this patent. From this screen you can also download a PDF of the complete patent.

Keviin

https://patents.google.com/patent/US6336891B1/en is one place.

http://pat2pdf.org/ is another although Firefox is not playing well with this site today.

Kevin

It is both, but it is easier to bring an action as a breach of contract. It depends where the covenant was made, i.e. a court order or an agreement.

Yes, it should be possible to patent a beverage. After all, a beverage is nothing more than just a composition, and I, as well as hundreds of other chemical patent attorneys, make a living getting patents for compositions.

However, there are two serious problems that you need to consider... View More

Yes. Patents are personal property, similar to a car, a bank account, or an art collection.

The Library of Congress. This is something that we offer under a limited low-cost retainer because the legal service is "unteathered"

Please feel free to contact my office if you would like a free consultation.

Aubrey C. Galloway III Esq

Law Office of Aubrey C.... View More

This depends on entirely on what you invented. If you invented something physical, like a new toy or video game, a formal copyright with the Library will HELP, but pending further details, will not entirely suffice. In such an event, you should apply for a US patent on the invention. Many law... View More

I wish that there would be a better way of a non-lawyer determining if a device or process that is very similar to a claimed device or process infringes or not. Unfortunately, sometimes you really do need a lawyer to give you a legal opinion on these things. It is also unfortunate that such... View More

The scope of patent claims and their validity are really tough issues that warrant you retaining a patent specialist attorney and possibly challenging the referenced patent before the PTO.

(8) I think that I have led you astray. Sorry about that. There is no guidance that suggests that you should stay away from the word "may". I use it all the time. However, your claims must be definite so that the reader can tell whether a product/process is or is not within the scope... View More