Get free answers to your Patents (Intellectual Property) legal questions from lawyers in your area.
I am interested in commercially producing a generic nasal spray containing xylitol and iodine. However, I am concerned about potential patent infringement issues regarding products by Xlear. They have four patents; two have expired, and two are still active. Can these active patents prevent me from... View More 
answered on Mar 12, 2025
If you want to make a generic nasal spray that contains a mixture of xylitol and iodine, then it looks like you are fine.
With regards to US 8,709,508, all of the claims require the claimed composition to contain two ingredients:
(a) xylitol or xylose, and
(b) any of the... View More
I have a business idea related to services that I believe is unique, but I'm concerned about protecting it from competitors who might have similar ideas. How can I ensure that my idea is safeguarded, and are there existing patents that I should be aware of?
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answered on Mar 12, 2025
That is a great question. To safeguard your idea and address potential concerns about existing patents, you can pursue two types of searches:
1. Patentability Search: This search assesses whether your idea is patentable by determining if it is new and non-obvious compared to existing prior... View More
I have a business idea related to services that I believe is unique, but I'm concerned about protecting it from competitors who might have similar ideas. How can I ensure that my idea is safeguarded, and are there existing patents that I should be aware of?
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answered on Mar 12, 2025
It is extremely unlikely that you may be able to obtain a patent on a "business idea for services" under the current state of the law regarding patent protection. This sounds like the kind of "101-ineligible" invention that has been trounced by Supreme Court decisions like... View More
I have a copyright and patent related to an apnea device in both Europe and the US. I live in Spain and was previously sued in Europe for copyright infringement, where the opposing party demanded a percentage of my sales. We were able to prove that our device is not the same as theirs, and we won... View More
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answered on Mar 12, 2025
You might hope that the doctrine of res judicata would be helpful (https://jusmundi.com/en/document/publication/en-res-judicata). Sadly it is not necessarily recognized or applicable between different countries. Especially where you are dealing with explicitly national rights like patents and... View More
I have a utility patent (approved in June 2021, applied in August 2019) for a sun visor extender. I've noticed someone else is selling a similar product, and I'm concerned it may infringe on my patent. How can I search for their patent status, and what steps should I take to address this... View More
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answered on Mar 10, 2025
This is a good question. The key issue is not whether the other party has a patent, but whether their product infringes on the claims of your patent. To determine this, you need to carefully compare their product to the specific claims outlined in your patent. If their product matches any of your... View More
I want to create and sell a custom ball-shaped product similar to a "magic 8 ball," with a different color, my own logo, and 20 unique answers. I know Mattel owns the patent and the traditional answers might be copyrighted. Are there any legal issues I should be aware of before... View More
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answered on Mar 10, 2025
Based on my limited review, the patent family for Mattel's "Magic 8 Ball" patents appears to be either abandoned or expired. You can reference this here: https://patentcenter.uspto.gov/applications/10139148/continuity?application=. For patents that are abandoned or expired, there... View More
I am interested in finding out whether products associated with Patent 11,192,678 for ZIPLOCK FASTENER CLOSURE FOR GABLE TOP CARTONS are currently being manufactured and sold commercially. Specifically, I'm looking for stores and locations where these products might be available. Can you... View More
answered on Mar 10, 2025
Your best bet is to contact the current owner to see if it is commercializing the patent and where.
The current owner of this patent is AB Merculor, located at Hillersvagen 3, Hagersten 129 35 in Sweden.
If you have trouble contacting them, their U.S. law firm is Birch Stewart... View More
I am the original owner of a patent that became freely accessible 10 years ago due to unpaid renewal fees. I have not previously attempted to renew or modify the patent. The update I am considering involves significant and distinct improvements to the function of the device but does not incorporate... View More
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answered on Feb 24, 2025
I understand you are seeking guidance regarding your original patent, which expired 10 years ago due to unpaid renewal fees. You noted that you never attempted to renew or modify the patent but are now considering updates that significantly enhance the device’s functionality without introducing... View More
We manufacture a towel for one of our customer in US and after manufacturing we both found out that it is patented under US patent no. 10,745,833. Now the patent states that fabric should be 50% cotton and 50% polyester. However, our product is 65% polyester and 35% cotton. However, other... View More
answered on Feb 15, 2025
I am so sorry that this is happening to your business. I have not reviewed the patent nor done any analysis on this, but just looking at the claims in view of your questions, here are a few comments that may be relevant.
(1) Manufacturing of fabrics has been around for millennia. There... View More
We manufacture a towel for one of our customer in US and after manufacturing we both found out that it is patented under US patent no. 10,745,833. Now the patent states that fabric should be 50% cotton and 50% polyester. However, our product is 65% polyester and 35% cotton. However, other... View More
answered on Feb 12, 2025
U.S patents cover importation (if your product infringes the patent, you cannot import them into the U.S. without being liable for infringement). This patent covers both fabric products and methods of manufacture. The specific coverage is defined in the claims, and each claim has a different scope.... View More
Previously this plant was only available as a cut flower via a limited number of licensed growers. But with the patent expiring on February 1st of this year, would home gardeners be able to propagate this plant for their home garden? What about for commercial use? Would you legally be able to... View More
answered on Feb 7, 2025
I have not studied the patent that you are referring to, but generally, once a patent expires, it is no longer enforceable. You can use anything claimed in the patent for any reason.
This is generally true even if you took a license from the patent owner previously, and you promised him... View More
answered on Feb 2, 2025
First, check to see if the patent has expired.
Second, search to see if anyone has registered an assignment at the USPTO and ensure your father did not sell it.
Third, start using the internet to see if anyone is selling a product or process that is covered by every element of the... View More
answered on Jan 22, 2025
The Process of Obtaining a Patent
1. Determine Patentability: Assess whether your invention is eligible for a patent. The invention must be: Novel – New and not publicly disclosed. Non-Obvious – Not an obvious improvement to someone skilled in the field. Useful – Functional and has... View More
example in the link (flask only without lid):
answered on Jan 21, 2025
Yes, the ornamental design (not useful components) of a physical good can be registered for a patent. The process is complicated and I highly recommend hiring a licensed patent attorney to help with this project. More information about design patents can be found here:... View More
answered on Dec 27, 2024
The time to receive an office action ("pendency") depends on the subject matter of the patent application and the Art Unit it is assigned to. That being said, the average pendency to the first office action as of November 2024 is 20.2 months, so your time frame is starting to be an... View More
“Could you clarify what U.S. Patent No. 10,745,833 specifically covers in relation to the product? Does this patent apply to the design, size, or a unique functional feature of the towel? Since a towel is a common and widely available commodity, how is it possible for such an item to be patented,... View More
answered on Dec 19, 2024
The "Claims" section defines exactly what the patent covers. The two main ("independent") claims are:
1. A fabric, comprising:
a plurality of first material yarns; and
a plurality of second material yarns, in which the plurality of first material yarns... View More
We are manufacturer of towels, as per U.S. PATENT NO. 10,745,833, we need to know that we are producing same towels in different sizes and want to export it to US. Are we allowed to import towel in US. Is this patent for printing or blank towels also need a little clarification
answered on Dec 18, 2024
U.S patents cover importation (if your product infringes the patent, you cannot import them into the U.S. without being liable for infringement). This patent covers both fabric products and methods of manufacture. The specific coverage is defined in the claims, which are of varied scope. Whether... View More
answered on Dec 17, 2024
In general, a utility patent registration lasts 20 years from the date the application was first filed. There are exceptions, though. For example, if certain claims are based on related patent applications filed prior to the one granted registration. Or, if the examination period was longer than it... View More
I had the same idea that one inventor patented but he if from Australia. This product doesn't look like it sold in America and I want to get in touch with him to ask him some questions. Is this possible?
answered on Dec 8, 2024
Yes, you can contact the inventor. Most inventors assign (i.e., sell) their patent. So, you should contact the owner of the patent instead.
If the owner of a patent in a foreign country does not have a correlating patent in the United States, then you are free to make, use, and sell the... View More
It’s a common fishing lure. He didn’t add anything special to the lure
answered on Dec 6, 2024
I don't know which patent or lure you are speaking of, but occasionally the patent examiner will make a mistake and register a patent which is obvious or not novel. There is a procedure at the USPTO to contest a registered patent if you can provide documentation (aka, prior art) that was not... View More
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