Patents Questions & Answers by State

Patents Questions & Answers

Q: Where can I turn for real help with an out of control 12 year old when the police wont help?

2 Answers | Asked in Civil Rights, Family Law, Juvenile Law and Patents for Massachusetts on
Answered on May 27, 2017

Perhaps therapy is the answer. You and your husband may start with a therapist to learn how to deal with this. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: I have 2 issued U.S. utility patents and filed a 2nd CIP in Feb 2017.

1 Answer | Asked in Patents for Missouri on
Answered on May 22, 2017

This is a fairly common question facing US clients wanting to file the subject matter of CIPs in Europe. Unfortunately, issued European patents off a CIP are rare.

In your case, you could file a EU application claiming priority to the 2nd CIP, since it has been filed less than 12 months. However, you could not claim priority to any of the earlier applications, because, firstly they are not within the 12-month window (hence not complying with Art 87(1), and only the immediately...
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Q: Can I patent new protein target and thus new use of an old drug?

1 Answer | Asked in Patents for California on
Answered on May 11, 2017

Generally, yes. This is a fairly well-developed area of law, and I’ve drafted such patents on a routine basis for a number of pharma clients.

In the US the claims would take the form of method of treatment

“1. A method of treatment of indication X by applying an effective amount of drug Y,…”

In Europe, the claims would take the form of Swiss claims:

“1. Use of drug Y for the treatment of disease X….”

See...
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Q: What is the status of this patent?

1 Answer | Asked in Intellectual Property and Patents on
Answered on May 9, 2017

The status of any issued patent, with respect to being maintained, can be looked up here: https://fees.uspto.gov/MaintenanceFees

If the patent is litigated, then there should be a note to that effect in the prosecution history. See https://portal.uspto.gov/pair/PublicPair
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Q: If my father got a patent on his invention and promised me money from it but has since passed away how would I go about

1 Answer | Asked in Patents and Probate for Nevada on
Answered on May 9, 2017

I am sorry that your father passed away.

To answer your question, first see how his will distributes his possessions, including his patent. A patent is a personal property, just as a boat or a stock certificate.

Second, if according to the will you are getting the patent, then take a look if it is still maintained, i.e., see if the maintenance fees have been paid. You must have the patent number and the patent application number, and then plug the information here:...
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Q: How much does it usually cost for getting provisional and formal patent prepared and submitted by a patent lawer?

1 Answer | Asked in Patents for New Jersey on
Answered on May 9, 2017

Anywhere between about $2,000 and $15,000.

Most patents can be drafted in the neighborhood of $5,000 to $10,000. If it is much below $5,000 or much above $10,000, there should be some sort of a reason for it.

Good luck!
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Q: What're the steps to starting a clothing brand?

2 Answers | Asked in Business Formation, Business Law and Patents for Nevada on
Answered on May 9, 2017

Congratulations on starting a new venture! I hope that it is successful.

It is good to hear that you recognize that intellectual property may be important to your business, and you are interested in protecting it so early on. You are way ahead. It is always hard for me to tell clients bad news about not being able to protect their IP because they came to me too late.

The first step is to make a business plan. What are your distribution channels? Where will the clothing be...
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Q: If a business is under a TRO...are clients still legally bound to them??????

2 Answers | Asked in Contracts, Patents and Business Law for Florida on
Answered on May 9, 2017

Sorry that you were scammed.

Generally, clients are never legally bound to their attorneys. Any client can at any time fire his/her attorney, and walk away. There are some special exceptions, none of which would likely apply here.

The client still has to pay any outstanding bills.
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Q: Is it possible to invalidate a Patent claim if I find a similar claim in another expired patent?

1 Answer | Asked in Patents for Texas on
Answered on May 9, 2017

Yes, it is possible.

A couple of points, though.

(1) There are different ways of invalidating a patent claim, which is different from invalidating the entire patent. The entire patent can be invalidated if, for example, a fraud was committed on the patent office, or if the wrong inventors are listed on the patent. You could invalidate the entire patent in question if you were to use the expired patent to, for example, show that the inventors of the patent in question stole...
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Q: After adoption is complete, regarding a CPS removal. My mom has my son's and child services are asking me to sign papers

1 Answer | Asked in Family Law, Adoption, Child Custody and Patents for California on
Answered on May 5, 2017

Were your parental rights terminated? If so, you may be able to re-establish them in time by applying for that in court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: Based on the "All Elements Rule" How do I draft an independent claim to prevent designing around my patent?

2 Answers | Asked in Intellectual Property and Patents on
Answered on Apr 27, 2017

There are a lot of things you may not be considering here. Have you done a prior art search? Is your specification enabling? Claim drafting is a true art - akin to a Dentist filling a cavity, a Doctor casting a broken bone, a CPA filling out a detailed depreciation schedule.

Hire a patent attorney! :)
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Q: Would a current Land Patent from 1865, supersede the 1969 Clark, WA, code regulation regarding land use in a flood way ?

1 Answer | Asked in Contracts, Real Estate Law, Land Use & Zoning and Patents for Washington on
Answered on Apr 25, 2017

A land patent is the highest proof of title over land. It is extremely authoritative. With that said, the laws of the jurisdiction will dictate your ability to use and develop the property. Ownership is only a piece of the puzzle. Your rights to improve the property are still subject to Oregon law.
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Q: Can I patent a device that claims all but 1 of the named components of an existing independent claim of a prior patent?

1 Answer | Asked in Intellectual Property and Patents on
Answered on Apr 24, 2017

Yes, I think so.

Your invention would be novel over the prior art. That much is clear.

HOWEVER, (and it is a big "however"), your invention also must be non-obvious over the prior art. That is, if a person using a bucket instead of using a rubberized cushion would use a woven wire handle, then your invention may not be patentable. Your problem is that even if nobody has ever thought of using a woven wire handle for buckets, the bucket with a woven wire handle might be...
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Q: Mother is in a care home. Her husband not my father is living in her house. To protect him from going

1 Answer | Asked in Family Law, Real Estate Law, Patents and Estate Planning for California on
Answered on Apr 22, 2017

I assume that your mother lives in California. If she has a will, then her will only transfers the property that she owns at the time of her death. Therefore, the home in your brother's name is not affected by the will.
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Q: Is my idea for a fact compilation database protectable by patent, copyright or neither?

2 Answers | Asked in Business Law, Intellectual Property, Internet Law and Patents for Texas on
Answered on Apr 22, 2017

Copyright law used to require that the person seeking copyright for compilations must do more than compiling data. This was the "sweat of the brow" doctrine.

That has changed, however. A compilation of data can be copyrighted, but is must only contain the "facts." Even so little as taking a comment from the author of a source of data can result in copyright infringement.

THIS IS FOR EDUCATIONAL PURPOSES ONLY.
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Q: I HAVE IN MIND AN INVENTION . HOW DO I GO ABOUT IT

2 Answers | Asked in Copyright and Patents for New York on
Answered on Apr 20, 2017

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 offices both offer copyright and patent services ( our firm, for example, can make a legal copyright for you and file it with the library of congress for a flat rate of $300; patents are much more...
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Q: i am an app developer and need representation. I know that certain companies are interested in my apps.

1 Answer | Asked in Business Formation, Contracts, Copyright and Patents for North Carolina on
Answered on Apr 14, 2017

There are several attorneys listed on the Justia directory who would be able to help you. You should look for North Carolina attorneys with experience with copyright law, business transactions (licensing agreement and business entity formation), and civil litigation. You should contact 2-3 attorneys to find one with whom you get along and trust.

I encourage you to learn more about my practice at www.BlacktonLaw.com and contact me if you'd like more information.
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Q: If two provisional patents are filed. Does the second have any rights if it was filed prior to disclosure of the first?

1 Answer | Asked in Patents for Illinois on
Answered on Apr 11, 2017

If two patent applications are filed claiming the same invention, the second one will not mature into a patent, because it was filed after the first one. The fact that the first patent application is published after the filing of the second is irrelevant.

It is the FILING of the first application that is relevant, not the PUBLICATION of the first application.
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Q: The have daughter in jail for something she said didn't happen cops say they have video fan I ask to see viedo

1 Answer | Asked in Criminal Law and Patents for California on
Answered on Apr 8, 2017

Hire an attorney for her. The DA turns over evidence they have to the defense attorney typically at the arraignment. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: Hello

2 Answers | Asked in Patents on
Answered on Apr 6, 2017

The answer depends on your level of risk aversion. The safest route will be to have an attorney render a Freedom to Operate Opinion. A lawyer would do a thorough patent search to determine whether your method or end product infringe on any patents. Another approach would be to begin using your technique, and to respond if a patent owner comes to you asserting infringement. In this case, you would either need to come to an agreement with the owner or assert that you are not infringing (which...
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