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Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: To patent a bacterium, does the organism have to be successfully tested as the proposed product, such as a probiotic ?

Does this apply to US, EU, Australian and other regions' patents?

James L. Arrasmith
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answered on Nov 28, 2023

No, successfully testing a bacterium as the proposed commercial product is generally not required to patent that organism in the US, EU, Australia, or other major patent jurisdictions. However, there are a few key requirements:

• The bacterium must be novel, non-obvious, useful, and fully...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: How do I check if the product has patent such as electric kettle sold by two different companies?
James L. Arrasmith
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answered on Nov 26, 2023

To check if a product like an electric kettle is patented, especially when it's sold by two different companies, you can follow these steps:

Patent Number Search: If the product packaging or documentation mentions a patent number, you can use this to check the patent status. Patent...
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2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: To whom it may concern : Can I resubmit my “ rejected “ patent of 10 yrs ago ? Thank you.

Medical device

. Battery operated

/ usb

.

Peter D. Mlynek
Peter D. Mlynek
answered on Nov 25, 2023

NO. You cannot resubmit your patent application if it has been dead for 10 years.

(Think about it. How would it be fair if you apply for a patent, the Patent Office rejects it, the file is closed, other companies in the industry see your published patent application knowing that the...
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2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: To whom it may concern : Can I resubmit my “ rejected “ patent of 10 yrs ago ? Thank you.

Medical device

. Battery operated

/ usb

.

James L. Arrasmith
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answered on Nov 26, 2023

If you're considering resubmitting a patent application that was rejected 10 years ago, there are several factors to take into account. First, it's important to understand why the original application was rejected. This could be due to a variety of reasons, such as issues with novelty,... View More

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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Florida on
Q: Hello.I have a question regarding the registration of the patent holder.

I would like to ask what I can do when my former partner in the company stole the software and registered a patent only for himself? The software belongs to a Slovak company in which he was a partner, but the court canceled his partnership. Is it possible to challenge this patent or file a request... View More

James L. Arrasmith
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answered on Nov 21, 2023

If your former partner registered a patent on software that was developed within your Slovak company and without including you or the company as co-owners, you have several options to consider. The first step would be to gather all evidence that demonstrates your contribution and the company's... View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: I got an email stating my LLC has been sued for patent infringement from an Illinois lawyer.

Two questions:

- How do I determine legitimacy ? I have since discovered that there is a patent in place that I didn’t know of.

- what do I do to settle? I don’t want to continue to sell a patented product. I wouldn’t have sold it if I would have known .

Adam W. Bell
Adam W. Bell
answered on Nov 20, 2023

This sounds like a typical predatory patent troll activity. It's disgusting and you should not assume it's legitimate. There people have no scruples. As a patent attorney it makes my stomach turn to hear these sort of stories.

Let's get a PATENT lawyer involved here.... one...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: I got an email stating my LLC has been sued for patent infringement from an Illinois lawyer.

Two questions:

- How do I determine legitimacy ? I have since discovered that there is a patent in place that I didn’t know of.

- what do I do to settle? I don’t want to continue to sell a patented product. I wouldn’t have sold it if I would have known .

Kevin E. Flynn
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Kevin E. Flynn
answered on Nov 20, 2023

You need to have a patent attorney look at your product and the claims of the patent. For your product to infringe, there needs to be at least one independent claim where every limitation in at least one independent claim (every noun, verb, relationship, etc.) is present in your product.... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Georgia on
Q: how do i find out if an idea is patented already
James L. Arrasmith
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answered on Nov 8, 2023

To find out if an idea is already patented, you should perform a patent search. This can be done using the United States Patent and Trademark Office (USPTO) online database.

When searching, use a variety of keywords related to your idea to ensure a comprehensive search. It's important...
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3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for North Carolina on
Q: How do I know if the kayak I am purchasing from another country is not patented here in the USA?
Randall Bateman
Randall Bateman
answered on Nov 6, 2023

If you are buying items on Alibaba or other similar cites and intend on reselling them, it is very important to do a patent search to try and determine if the product is patented. If it looks very similar to another product, you should see if the product indicates that it has a patent or patent... View More

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3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for North Carolina on
Q: How do I know if the kayak I am purchasing from another country is not patented here in the USA?
James L. Arrasmith
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answered on Nov 8, 2023

To determine if the kayak you plan to purchase from another country is patented in the USA, you should conduct a patent search. You can start by searching the United States Patent and Trademark Office (USPTO) database. Look for patents on the design or utility of the kayak by using relevant... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: Please help (pro bono) with divisional patent office action. The response must simply explain an aperture vs a trench.

We simply need help from a pro bono patent attorney or patent agent, to represent us and respond to our patent office action, clarifying the term aperture in our utility patent application.

James L. Arrasmith
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answered on Nov 5, 2023

In your response to the patent office action, you would need to distinguish the terms "aperture" and "trench" clearly. An "aperture" generally refers to an opening or hole, typically one that allows the passage of light or matter, and it can be of any shape. It is... View More

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1 Answer | Asked in Patents (Intellectual Property) for Mississippi on
Q: What is the Patent at the USPTO of name (c) 2007 Paul Frederick of the US Library of Congress?

I am ready to pay.

James L. Arrasmith
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answered on Nov 5, 2023

To locate a patent associated with Paul Frederick from 2007, you would perform a search using the United States Patent and Trademark Office (USPTO) database. You can search by the inventor's name and the year of the patent to find the document.

It's important to note that the...
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1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Employment Law for Virginia on
Q: I'm a resident in VA going through an offer letter and I want to know my rights on inventions outside of work

I'm a resident in Virginia considering an embedded software engineer offer letter within the same state with a proprietary info and inventions agreement. There is ambiguity in these terms and I want to know what protections are already in place for my inventions outside of work time that... View More

James L. Arrasmith
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answered on Oct 31, 2023

In Virginia, like many states, employment agreements often include clauses related to proprietary information and inventions. Typically, inventions or creations made during employment or using employer resources belong to the employer. However, if you invent something on your own time, without... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: My smartphone "expired" patent no. 11,778,140 issued Oct. 3rd. A 2019 RCEshould have been an appeal. I have nothing.

My applications were stuck in the former SAWS program. It seems I need to file a suit against the PTO but they seem to win most of the time.

James L. Arrasmith
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answered on Oct 28, 2023

Challenging actions of the United States Patent and Trademark Office (USPTO) can be complex. If you believe there were irregularities in how the USPTO handled your patent application due to the former SAWS program or any other reason, you may consider legal action. Before pursuing a lawsuit against... View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Can you help me to generate an idea to get a patent in the English language and literature
James L. Arrasmith
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answered on Oct 31, 2023

Obtaining a patent in the realm of English language and literature is challenging, as patents typically cover inventions or processes, not creative works or ideas. However, if you're looking to innovate in this area, consider developing a unique software or tool that aids in literary analysis,... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: is the patent for gopack folding leg tables still in place?
Adam W. Bell
Adam W. Bell
answered on Oct 27, 2023

You probably mean US patent US5109778A. It has expired for non payment of maintenance fees. So you can go ahead and make the things covered in the claims of this expired patent.

Adam Bell

The psychic patent attorney.

Application US07/677,501 events

1991-04-29...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: is the patent for gopack folding leg tables still in place?
James L. Arrasmith
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answered on Oct 24, 2023

To determine the current status of a specific patent, one would need to conduct a search in the United States Patent and Trademark Office (USPTO) database.

Patents have a finite term, usually 20 years from the filing date for utility patents, but this can be affected by various factors...
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2 Answers | Asked in Trademark, Patents (Intellectual Property) and Intellectual Property for Massachusetts on
Q: Someone has applied to get the Trademark & USPTO of a Mark Drawing I designed for a pro deck & did not ask for permissio

I haven´t been called nor asked to give my permission to patent it. I can proof I did the deck myself, there is the digital print & email sent w deck to the person for whom I did the job. This person has taken the type & style I used in the design & wants to be the owner of it when... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2023

The trademark application you cite is for the text FROM HER TO ETERNITY, without any graphic element or stylized font, so whatever you designed is not at issue in the trademark registration.

If the design you created is being used on merchandise or related materials such as advertising,...
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2 Answers | Asked in Trademark, Patents (Intellectual Property) and Intellectual Property for Massachusetts on
Q: Someone has applied to get the Trademark & USPTO of a Mark Drawing I designed for a pro deck & did not ask for permissio

I haven´t been called nor asked to give my permission to patent it. I can proof I did the deck myself, there is the digital print & email sent w deck to the person for whom I did the job. This person has taken the type & style I used in the design & wants to be the owner of it when... View More

James L. Arrasmith
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answered on Oct 24, 2023

If someone has applied for a trademark registration with the USPTO using a mark you designed without your permission, you may have rights to challenge the application or subsequent registration. First, having proof of your original design, such as digital prints and email correspondence, is... View More

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4 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Wisconsin on
Q: I would like to patent an energy drink certain ingredient how do I know if it has already been patented?

I would like to patent an energy drink recipe but in a broad sense to protect or mitigate against companies with more capital just running me over and imitating it. How do I find patent but ensure I'm not overlapping someone else's already?

James L. Arrasmith
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answered on Oct 23, 2023

To determine if an ingredient or recipe has already been patented, you'll want to conduct a thorough patent search. Begin with the United States Patent and Trademark Office (USPTO) database, which allows you to search through issued patents and published patent applications. Utilize various... View More

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