Patents Questions & Answers by State

Patents Questions & Answers

Q: Does this patent purely apply to skis using carbon fibre in their construction?

1 Answer | Asked in Patents on
Answered on Mar 27, 2017

This is an important inquiry, but it is important to know what your goals are. Are you looking to innovate around this patent? If so, you've got rob make sure you understand the entirety of the patent and assure your invention is a novel and non obvious variant of it. If you are interested in only avoiding infringement - it will require a more specific, and yet more nuanced evaluation of the claims. Get with a registered US Patent Attorney to answer either question. Cheers!
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Q: 1)How To Register My Business Name Is it under copyright patent trademark

2 Answers | Asked in Business Law, Copyright, Patents and Trademark on
Answered on Mar 24, 2017
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Q: Can I file a US Patent for a product being sold in a foreign country?

2 Answers | Asked in Patents for Illinois on
Answered on Mar 23, 2017

If you did not invent it, then you cannot get a patent on it. You cannot just copy someone else's work and claim it as your own.

Further, even if you invent something, spending lots of time and money inventing it, but someone else on the other side of the world invented the same (or almost the same) thing which they then sell or write about in an article, you still cannot get a patent for it.

Also, although you did not find a published patent application on it in the US, it...
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Q: Have the following patent numbers expired or are they still covered by the law: 6840923/6585720/20010023337

1 Answer | Asked in Patents on
Answered on Mar 20, 2017

They are dead.

US 6,840,923 expired in January 2013.

US 6,585,720 expired in July 2015. But, under certain circumstances, the owner may be able to revive this patent before July 2017.

US 2001/0023337 is simply a printed application that issued as US 6,585,720.
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Q: I am going to take geo marker icon sign for commercial use. Would it be an infringement of patent USD620950?

1 Answer | Asked in Copyright, Intellectual Property and Patents on
Answered on Mar 18, 2017

Congratulations in worrying about this now, instead of when you are getting hit with C&D letters.

No patent attorney, including myself, is going to answer this question without the necessary study of the prosecution history, case law, etc., (and charging you accordingly). However, just on a 20-second review of the two documents, it seems that it is more likely that there is no infringement than there is infringement.
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Q: If an element (e.g., a rectangular ring) of a claim is further limited (e.g., a rectangular ring formed of copper)

1 Answer | Asked in Patents on
Answered on Mar 15, 2017

Well, this is, of course, a very well litigated question.

Every patent lawyer knows how to answer this, and nobody outside of the patent bar understands what you are asking, so I assume that you are a law student looking for tutoring. I won't do your homework for you, but I'll point you the way: you should study the three seminal US SCt decisions on this subject: Graver Tank; Warner-Jenkinson; and Festo.
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Q: Do spelling errors change the Validity of a patent where the error occurs in the DEFINITIONS section of the patent?

1 Answer | Asked in Patents on
Answered on Mar 14, 2017

No. A misspelling in the definition section will have almost no impact on the validity of the patent.

However, if there is a serious misspelling in the claims which renders the claims ambiguous, then that might be a problem with the validity of those claims.
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Q: Do I need a patent for my invention

1 Answer | Asked in Patents for Illinois on
Answered on Mar 14, 2017

I doubt it. Not a utility patent, anyway.

You may certainly get a utility patent, and any number of patent lawyers would be happy to help you, but I have doubts that the expense would be worth it to you. There are way too many cat toys on the market, the margins may be pretty thin, and since you are going to be making them by hand, you'll likely won't be able to make a too much gross profit on them in order to afford to get a patent.

The only exception would be if you...
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Q: How do I tell if my competitor has a patent and what that patent entails?

1 Answer | Asked in Patents for Washington on
Answered on Mar 11, 2017

How do you tell? It is not easy to do so without hiring a professional to do it, but here are some steps that you can take yourself.

(1) Products need to have some sort of patent markings to give notice to potential infringers. With software, take a look at their website, at the shrink wrap agreement, etc.

(2) Go to their website, look at their terms page, or policy page, etc., such as http://quikshow.com/terms.html . There you’ll find the name of the company who owns the...
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Q: Similarity between my invention and an existing patent application

2 Answers | Asked in Patents for California on
Answered on Mar 11, 2017

See: https://www.uspto.gov/patents-maintaining-patent/patent-litigation/about-patent-infringement

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. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
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Q: Hello, For two patents of my former employer I am the inventor. Can i withdraw the patent from them?

1 Answer | Asked in Patents on
Answered on Mar 9, 2017

I am sorry, but it does not look very promising for you.

You most likely assigned the patents to your employer when you started working; when they hired you, you had to sign some papers that gave them rights to your invention. And even if you did not, they still likely have rights to the patent because you worked for them in a capacity as an inventor. (From societal viewpoint this makes sense: just like a factory worker making TV sets does not get to keep the TV set, or a chef in a...
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Q: I notice many in door or door jamb chin up exercise bars that are quite similar. I am interested in manufacturing?

2 Answers | Asked in Patents for Pennsylvania on
Answered on Mar 7, 2017

You take a risk of patent infringement.
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Q: patent, copyright

2 Answers | Asked in Copyright, Intellectual Property and Patents on
Answered on Mar 7, 2017

Because my practice focuses on copyright law, I'll address that first: Copyright law does not protect ideas, processes, or functions; it protects the (artistic) expression of those elements.

An LED with its own design and application could qualify as a "useful article," which is a subset of "pictorial, graphic, and sculptural works." Generally speaking, useful articles are objects which have utilitarian functions, like an LED light. In some cases, these articles have an artistic...
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Q: I am trying to design a rotomolded cooler and I know Yeti has been suing lately and I was wondering if my product is ok?

1 Answer | Asked in Copyright and Patents for Florida on
Answered on Mar 3, 2017

It is great to see new businesses getting into rotomolded cooler business. It is surprising how expensive these coolers are, and hopefully, the prices are going to go down to more reasonable levels.

The Yeti v Rtic lawsuit was settled earlier last month. Given that the popular press has deemed the two lines of coolers to be very similar, and that there have been accusations of copying, I am not surprised that the patent owner sued.

That lawsuit should not preclude you from...
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Q: I have a patent question

1 Answer | Asked in Patents and Trademark on
Answered on Mar 1, 2017

Congratulations on being such a successful inventor and business owner!

Patents and trademarks cover different things, so whether it is OK or not depends on your business needs.

We don't know if you had a patent attorney do the patent drafting and trademark registration for you. If you already have an attorney, go see him/her and disregard everything else that I write here.

If you do not have a patent attorney then here are several notes for you to consider:...
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Q: If Authentication Holdings LLC fails, what action is required to cancel the assignment? -an Inventor.

1 Answer | Asked in Patents for Colorado on
Answered on Feb 27, 2017

If this about an assignment of a patent, your primary concern is the enforceability of the assignment agreement. First review the assignment agreement for things like termination, reversion of interests, etc. If the assignment was completed (signed with performance), the company owns the patent and it is included in the company's assets in bankruptcy or merger (meaning that you likely lost the asset, but can make a claim for any unpaid amounts in bankruptcy as an unsecured creditor). If the...
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Q: If you make an item and someone else patents it later, Can you still make and sell your item .

1 Answer | Asked in Patents for Indiana on
Answered on Feb 27, 2017

This is a common question, that has been litigated a number of times. The good news for you is that the courts usually rule against the patent owner, and in favor of people in your position.

This has to do with fairness. If you are making and selling your invention, you cannot all of the sudden start infringing a patent that was filed after you’ve been selling it.

It also has to do with logic. Either your product lies within the scope of the claims or it does not. If it...
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Q: How long will patent number 8784024 be good for from its filed date?

1 Answer | Asked in Patents for Texas on
Answered on Feb 23, 2017

I am not sure, but likely until July 3, 2030.

(The reason that I am not sure is that such a simple question no longer has a simple answer. It used to be that one can just take a look at the grant date, add 17 years to it, and that would be it. Since then, the law has gotten surprisingly complicated, taking into account term disclaimers, patent term adjustments (USPTO delays, Applicant delays), patent term extensions, priority documents, etc., that lawyer typically charge for figuring...
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Q: How come, Bape doesnt sue Sprayground for having the same 'shark mouth'?

1 Answer | Asked in Copyright, Patents and Trademark for Florida on
Answered on Feb 20, 2017

Litigation can be expensive so Bape may have decided just to let it go. In New York City, there are dozens of "Ray's" Pizzas and everyone let's it go: https://en.wikipedia.org/wiki/Ray's_Pizza
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Q: Can I buy/take publication number: 20140324627 away from The inventor.

1 Answer | Asked in Patents on
Answered on Feb 19, 2017

The patent application associated with the cited patent publication is still pending. Once it is allowed, if you make, use, sell, or offer to sell the claimed invention, you might be sued for patent infringement.

The fact that it is pending for 2 1/2 years should not be disconcerting to you. Most patents are granted after a longer period. Patent applications may be pending for 5 years, 10 years, or more.

Can you buy it from the inventor? Well, you certainly can approach...
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