Patents Questions & Answers by State

Patents Questions & Answers

Q: How do I go about filing a Petition to Make Special Patent? Trying to find the applications that are needed to do so

1 Answer | Asked in Patents for Georgia on
Answered on Jan 23, 2018

The USPTO has a number of different programs.

There is a petition to make special based on applicant's age or health

https://www.uspto.gov/patents-application-process/petitions/23-make-special-age-and-health (Be sure to note the warnings that you need to file in a specific way to avoid having your health information accessible to the public).

At the USPTO Forms page-- https://www.uspto.gov/patent/forms/forms-patent-applications-filed-or-after-september-16-2012...
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Q: How can I get paid for an idea that I've submitted as a product to Kraft who didnt want but most likely will use later?

1 Answer | Asked in Patents for Utah on
Answered on Jan 23, 2018

Do you have a patent application filed for the idea? If you receive an issued patent on your idea in the United States, then Kraft and everyone else will be subject to a law suit from you if they use in the United States the specific idea covered by one or more claims in your issued patent.

If you have filed a patent application and it gets published, then you can send a provisional rights letter to Kraft to warn them that if they practice the claims in your published application and...
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Q: I am having some questions about Trademark, Copyright and Patent Law.

1 Answer | Asked in Patents and Intellectual Property for New York on
Answered on Jan 22, 2018

You should file for registration of the product logo only, both cartoon images, and likely for the combination of the two. It may be worthwhile considering filing for a trademark for each of the two characters separately.

The reason for so many filings is that (a) you don't know what the Trademark Office will find against your images, and (b) you don't know which of the trademarks will be useful to go after infringers.

Good luck!
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Q: Can you patent a mix of natural organic compounds that will be used in a balm? Basically a specific recipe.

1 Answer | Asked in Patents for California on
Answered on Jan 22, 2018

Yes. This is done all the time.

Most of my practice is getting patents on mixtures of known compounds. Of course, it is not always easy, but if your lip balm is really something new, then you should be able to get a patent.

Good luck!
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Q: Reference patent number 6398095 Do I get anything for inventing the tool that measures and makes this device effective?

2 Answers | Asked in Patents on
Answered on Jan 21, 2018

Many inventors invent items that are used in connection with earlier inventions. Surprisingly, the inventor of the modern can opener came much after the invention of putting food into a can to store it.

As with any invention, you don't get a prize for making an invention. You make money by selling a good or service that people want at a profit. The patent keeps others from selling the same solution and thus cutting into your market share or profit margin (by forcing you to sell at a...
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Q: Patent/Copywrite/Trademark Question... I need some clarification.

2 Answers | Asked in Copyright, Intellectual Property, Patents and Trademark for Tennessee on
Answered on Jan 19, 2018

There are a lot of people that are pretty unclear on the difference between patents, trademarks, and copyrights.

I cannot see a way for John Deere to own generic images of tractors under a utility patent. They could chase protection for a particular way their actual tractor (or a toy tractor) looks under a design patent for a limited time (15 years). They can seek trademark protection. One can seek protection for a distinctive color when used for a particular product. This is rare...
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Q: can I see my nephew if my brother signed over his parental rights?

3 Answers | Asked in Family Law, Adoption, Child Custody and Patents for Georgia on
Answered on Jan 19, 2018

Not unless the adoptive parent agrees.
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Q: Is patent term extension applicable on orange book listed patents only?

1 Answer | Asked in Intellectual Property and Patents for New York on
Answered on Jan 17, 2018

No. Patent term extension is not exclusive to therapeutic drugs (i.e. those listed in the Orange Book). Patent term extension is available depending on how the application was prosecuted, and events that occurred during prosecution.
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Q: My exwife just passed now my oldest girl is trying to take control of what happens w/my son what do I do to get him home

1 Answer | Asked in Family Law, Child Custody, Patents and Probate for California on
Answered on Jan 17, 2018
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Q: Is there a patent for the preparation method that consists of a premade entree stuffed into a casing?

2 Answers | Asked in Copyright and Patents for Louisiana on
Answered on Jan 15, 2018

Yes.

There are dozens or hundreds of patents on making sausages or boudin. Some of them may extend to premade entrees. http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=0&f=S&l=50&TERM1=sausage&FIELD1=TI&co1=AND&TERM2=&FIELD2=&d=PTXT

However, it is possible that your method does not infringe on any of the claimed methods. It is also possible to patent your method if it is really new.

To give you a better...
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Q: IM 14 and my boyfriend is 16 , is it illegal for us to date ? If so can you please explain

1 Answer | Asked in Family Law, Patents and Juvenile Law for Alabama on
Answered on Jan 15, 2018

By date, I assume you mean have sex -- and not go to the Malt Shop and listen to records. Here is the law

(a) A person commits the crime of rape in the second degree if:

(1) Being 16 years old or older THAT IS YOUR BOYFRIEND , he or she engages in sexual intercourse with a member of the opposite sex less than 16 and more than 12 years old; THAT IS YOU provided, however, the actor is at least two years older than the member of the opposite sex. THAT IS, HIS BIRTHDAY IS MORE THAN...
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Q: Can a PCT appl. claim priority to a US utility appl., and not the earlier provisional (w/ public disclosure in between)?

1 Answer | Asked in Patents on
Answered on Jan 13, 2018

No. If you want to get a patent outside of the US, under the scenario above you'd have to claim priority to the provisional application.
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Q: I invested in Bumper shuffleboard back in 2001 . Alan Guridi was the inventor under Unified Science Advancements, Inc.

1 Answer | Asked in Civil Litigation and Patents for Texas on
Answered on Jan 12, 2018

This is a breach of contract question. Go see a corporate attorney.
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Q: when does this patent expire: https://www.google.com/patents/US6186857

2 Answers | Asked in Patents for Pennsylvania on
Answered on Jan 12, 2018

I try to provide general answers that would be useful to future users of the web site -- teach them how to fish rather than handing them a fish.

Patent term is more confusing than it should be. Unfortunately, to try to make things fair, the rules have a number of layers.

Old patents had a term of 17 years from when they issued. New rules are that apply to patent applications filed after June 8, 1995 are 20 years from the first non-provisional patent application. So you...
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Q: where do I start with my invention idea

1 Answer | Asked in Patents for California on
Answered on Jan 8, 2018

My suggestion is that you start out by looking to see how close the prior art is to your invention. A good place to start looking for relevant prior art is to check the US patents and published applications. Here is a link to a slide set to get you started. http://bit.ly/Patent_Searching

There are additional links to other slide sets and other resources for inventors at https://www.flynniplaw.com/resources/patent-resources.

Becoming familiar with what is in a patent...
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Q: I have a acronym that spells out focus and I want to know which one (copyright or patten) to ensure that its mine?

1 Answer | Asked in Copyright and Patents for Texas on
Answered on Jan 7, 2018

It is hard to see how you could fit an acronym into the patent system. To the extent that you are using this acronym in conjunction with the provision of goods or services, you may want to talk with a trademark attorney to discuss whether that tool is appropriate. So if you plan on using the acronym on a shirt (with the underlying words that create the acronym) then a trademark is a good choice.

You are not going to have any tool preclude people from using the word focus as the...
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Q: My patent was published last year Aug. Can I use the publication to drive away 3rd party sellers selling online?

1 Answer | Asked in Patents on
Answered on Jan 7, 2018

Under 35 USC Section 154(d), there is a rule that allows for provisional rights. This name is a bad choice as it has NOTHING to do with provisional patent applications but it applies in your situation.

Once a patent application has been published, you can send a letter to people that are infringing the claims that are listed in your published application but not yet granted. You typically include a copy of your published application and explain the concept of provisional rights --...
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Q: How much does it cost to file a design patent in Florida?

1 Answer | Asked in Patents for Florida on
Answered on Jan 5, 2018

$190

But if you earned over $169K last year then the fee will be $380. And if you are a big company then $760.
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Q: How long does a patents last?

2 Answers | Asked in Patents for California on
Answered on Jan 4, 2018

If you were to file a patent application on your invention tomorrow, then the patent would expire in 20 years from tomorrow.

(Of course, you have to make sure that you take all the needed steps to make sure that it actually does become a patent and that you pay the regular maintenance fees on the patent once it issues.)
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Q: I believe the patent 'Display device based on phase-change materials WO 2015097468' is mine. Any no-win-no-fee services?

1 Answer | Asked in Copyright and Patents on
Answered on Jan 4, 2018

WO 2015097468 is not a patent. It is a published PCT application. There is a corresponding US application that was published as US20170031231A1 and has a priority date of December 12, 2013. Sometimes two people have the same good idea.

If they had the same idea that you had independent of any information from you and they filed a patent application, then their rights are going to prevail. If you can show that these folks had access to your idea before they filed the patent and it...
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