If the products looks similar but both were designed based on prior art teachings. While the accused product is not using any logos/name/images of the first. And the accused product has feature(s) to specifically tell the ordinary observer (both visually and in description) that there is this... View More
Yes, it is possible to sue for design infringement even without having a design patent. Design infringement claims can be based on various legal grounds, including trade dress, copyright, and unfair competition laws. However, the success of such a lawsuit would depend on the specific circumstances...View More
This depends on if you created it as a company employee, or in your free time for yourself. It is sometimes hard to prove both of them. It all depends on jurisdiction. I would recommend you to contact local attorney to discuss this matter.
Patent term is more confusing than it should be. The one part that is simple, is that patent term is not a function of the technology. There is not a way for the applicant to apply to extend the patent term (unlike trademarks or copyrights). (but as noted below, there are things that can shorten...View More
How much should I plan on spending to learn if this idea is, in fact, unique? Whom should I contact? Patent attorneys? How much money should I anticipate spending to create a patent as to protect my idea before I present it to major manufacturers?
A patent attorney can do a patentability search to determine if your fotware is novel and non-obvious. If the search shows that your footware design is novel, the patent attorney should prepare and file a patent application for your invention. Once the application is filed, you may talk to...View More
Hello, my father passed away last year in October and it is now February. I have called and called the agency (People Ready) my dad worked for (he worked as a carpenter through a temp agency) and I have left voicemails and even spoke to someone who said they would call me back, but no one has... View More
You might retain an attorney to contact them. A quick letter would likely not cost much, and the estate may be able to reimburse that cost. See ORS 652.190 for who is supposed to get the check to ensure you are the correct person before demanding the check.
Daltile is owned by Mohawk, who owns several key flooring patents related to the way PVC tiles and planks click together. They have recently launched a new product which is a combination of an SPC (PVC) base with a porcelain layer on top. The tiles click together, then you can grout them. We have... View More
Hello, in order to make this determination you will need to obtain a freedom to operate analysis from an Intellectual Property attorney. In completing this analysis, an evaluation of the patent(s) about which you are concerned will be completed and compared to your product. If it is found that the...View More
Your father was listed as an inventor on 3 patents: US 7,526,894; US 7,152,377; and US 6,398,995. Although he was listed as the inventor, he was not the owner. His employer, Chase Industries, is the owner of these patents.
I don't speak for Justia, so I don't know, but there is usually a lag time between the time a patent issues, and its appearance on non-USPTO websites, such as Justia or Google. If you need to be sure to be up to date, you really need to go to USPTO.gov .
One problem that you will encounter is whether the gardening technique is actually really new. Gardening has been about for millennia, practiced by billions of people, so it is likely that someone has thought about the same thing as you have....View More
No you don't. Having a docket number makes tracking the application much easier but for filing you do not need one.
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