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Patents (Intellectual Property) Questions & Answers
2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: How do I get the Inventor of a patent to grant to me permission to use the patented process?
James L. Arrasmith
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answered on May 19, 2024

To get permission from the inventor of a patent to use their patented process, you need to obtain a license. Here are the steps you can follow:

1. Identify the patent: Make sure you have the correct patent number and that the patent is still in force.

2. Contact the patent owner:...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Utah on
Q: I have a patent assignee who failed to pay the maintenance fees. Do I have any recourse to reclaim abandoned IP?

Can I petition the patent office, pay the fees, and recapture the abandoned patent (for lack of fee payment) ? Are there other remedies? I am the inventor of over 25 US patents. I filed the last patent application pro se. It was granted without questions from the examiners.

James L. Arrasmith
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answered on May 11, 2024

Regaining patent rights after the assignee has failed to pay maintenance fees can be challenging, but there are a few potential avenues to explore:

1. Petition to Accept Delayed Payment: If the maintenance fee payment window has not been closed for too long (usually within 24 months of the...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: what do are incentives when you are prpromoting a patent service if I partner with the inventers of the patent.

I'm about to sign the patent proposal for a service to be innovated in my country.

James L. Arrasmith
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answered on May 11, 2024

Here are some key incentives and considerations when promoting a patented service through a partnership with the patent inventors:

1. Exclusivity: By partnering with the patent holders, you gain exclusive rights to offer the patented service in your country. This can provide a significant...
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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: What do I do with this information?Referenced CitedU.S. Patent Documents11287037

102016015728 October 2017 DE

2916045

Other references

Translation of International Search Report for Application No. PCT/EP2021/053075 dated Apr. 16, 2021 (2 pages).

Patent History

Patent number: 11920679

Type: Grant

Filed: Feb 9, 2021... View More

Robert P. Cogan
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answered on May 8, 2024

It appears that you have filed a patent application on your own and have received an Official Action that rejects some or all of your claims.

As a matter of statistics, inventors in this situation cannot get meaningful protection without the help of a patent attorney. However, I have no...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Wyoming on
Q: What specifically does this patent claim ownership over and what does it not?

I need to know specifically what this patent protects in terms of the use case for a europallet stacking procedure

Alan Harrison
Alan Harrison
answered on May 2, 2024

If you give a competent patent attorney a set of patent claims and a specific product, the attorney can give you a pretty good guess as to whether a jury could be convinced that the product does or does not infringe the claims. A competent attorney will not answer an open ended question like the... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Wyoming on
Q: What specifically does this patent claim ownership over and what does it not?

I need to know specifically what this patent protects in terms of the use case for a europallet stacking procedure

James L. Arrasmith
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answered on May 11, 2024

Patents have a specific structure that includes an abstract summarizing the invention, a detailed description explaining how to make and use the invention, drawings if applicable, and most importantly, a claims section that defines the legal boundaries of exactly what is being patented.... View More

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Nevada on
Q: Hi, I have a new tableware design that is different in both utility & design. How much would it cost & which patent?

It seems long & expensive to apply for a patent & I have limited resources.

However I don't want to see someone else get the credit or financial recompense of my experimentation & hard work.

I especially don't want to get locked out of my own designs if... View More

James L. Arrasmith
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answered on Apr 26, 2024

Hi there! I'd be happy to provide some guidance on protecting your new tableware design. Given the information you've shared, a design patent may be the most appropriate type of intellectual property protection for your work. Here's an overview of the process, costs, and timeline:... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Minnesota on
Q: My company as a "culture" does not include the electrical engineers or designers on their patents.

Could these patents be deemed invalid?

James L. Arrasmith
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answered on Apr 25, 2024

The validity of a patent depends on several factors, such as the novelty and non-obviousness of the invention, and whether the patent application meets the legal requirements. Not including the names of the actual inventors (in this case, the electrical engineers or designers) on the patent could... View More

1 Answer | Asked in Copyright, Gaming, Patents (Intellectual Property) and Intellectual Property on
Q: When will Japan's famous Nintendo characters enter public domain?

This list includes characters from the Super Mario series like Mario himself, The Legend of Zelda series characters with Link, Animal Crossing series characters with Isabelle, Splatoon series characters with Inkling Girl, Pikmin, the Kirby series with Kirby himself and last but not least. The Fire... View More

James L. Arrasmith
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answered on Apr 20, 2024

Understanding when Nintendo's famous characters and technologies will enter the public domain involves a look into copyright and patent laws, which vary significantly by jurisdiction. Generally, copyright in many countries, including the United States, lasts for the life of the author plus an... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Georgia on
Q: I have a couple of question regarding patent law on a clinical lab testing assay.

There is a current technology that has a patent that will be expiring soon. I have an assay that was some basis on the technology in the expiring patent and have changed the assay significantly enough that it is different from the original but encompasses the technology. What are the cost... View More

Alan Harrison
Alan Harrison
answered on Apr 16, 2024

Cost for a patent application varies and most practitioners do not discuss pricing publicly. You get different quality of work depending how much you're willing to pay, but other factors also affect the pricing - size of firm, overhead, what other clients are willing to pay, etc.

A...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Georgia on
Q: I have a couple of question regarding patent law on a clinical lab testing assay.

There is a current technology that has a patent that will be expiring soon. I have an assay that was some basis on the technology in the expiring patent and have changed the assay significantly enough that it is different from the original but encompasses the technology. What are the cost... View More

James L. Arrasmith
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answered on Apr 25, 2024

There are a few important considerations here when it comes to patents and developing new technology based on soon-to-expire patented technology:

1. Patent costs: The cost of obtaining a patent can vary significantly depending on factors like the complexity of the invention, amount of prior...
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Q: Who could I contact regarding some people who have done fraud to steal a person legacy

My friend who passed away had a Patton and trademark that some people have made up fake marriage and other recorded doc to steal his legacy?

James L. Arrasmith
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answered on Apr 4, 2024

In California, if you suspect fraudulent activities concerning a person's legacy, including patents and trademarks, it's crucial to address the matter with urgency due to the potential legal implications and the risk of significant financial loss. You can reach out to an intellectual... View More

1 Answer | Asked in Contracts, Intellectual Property and Patents (Intellectual Property) for California on
Q: Should I sign a combined declaration and assignment if I have not seen the patent application?

My employer has, on several occasions, had me sign paperwork to assign ownership of patents for products I have worked on to the company. Which is fine, I agreed to as much when I accepted the job. These documents include four declarations, the first three of which involve reviewing and confirming... View More

James L. Arrasmith
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answered on Apr 1, 2024

Based on the information you've provided, there are a few important considerations:

1. Legal implications: Signing a declaration without having seen the patent application could potentially expose you to legal risks, especially if the declaration includes statements confirming aspects...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Florida on
Q: Would like know if patent on sealed wafer ice cream sandwich that is partitioned into multiple breakaway segments exists

This would be an ice cream confection product that is completely sealed by two eatable wafers. These wafers would have multiple pockets that hold and seal the ice cream and can be broken apart and shared without exposing the ice cream or making a mess. This ice cream confection product would... View More

James L. Arrasmith
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answered on Mar 29, 2024

Your concept of a sealed wafer ice cream sandwich with multiple breakaway segments is quite innovative, focusing on a neat, shareable, and melt-resistant design. Upon reviewing patents related to ice cream products, it appears that while there are numerous patents concerning ice cream sandwiches... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Alabama on
Q: How to prove someone stole your invention idea ?

I can up with the idea of a tooth brush filled with tooth paste and refillable back in 1989, i sent information to a invention idea company and now I see it's on market

James L. Arrasmith
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answered on Mar 29, 2024

To prove that someone stole your invention idea, documentation is key. You should gather all evidence of your original creation, including the date you conceived the idea, any sketches, notes, or emails, especially those related to the submission to the invention idea company back in 1989.... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Is it legal for someone to claim a patent on a game that has been played around the world for so long?

How can this person legally claim to have invented Pickleball? Is there a money involved in this? It’s like if I, an American, claim to invent rice.

James L. Arrasmith
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answered on Mar 19, 2024

In general, for someone to claim a patent on a concept, the idea must be new, non-obvious, and useful. If a game has been widely played and known for a long time, it's unlikely that someone could successfully patent the game itself, as it would not meet the criteria for novelty. Patenting... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: What Patents do Solatube International hold in South Africa if any in regards Tubular skylights and ventilation systems
James L. Arrasmith
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answered on Mar 20, 2024

The World Intellectual Property Organization (WIPO) offers PATENTSCOPE, a tool that allows you to search through millions of patent documents, including international patent applications (PCT). This is useful for conducting comprehensive searches in multiple countries and in different languages​​.

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: What Patents do Solatube International hold in South Africa if any in regards Tubular skylights and ventilation systems
Peter D. Mlynek
Peter D. Mlynek
answered on Mar 15, 2024

Here are some of the patents that Solatube Int'l Inc. has in South Africa:

ZA2012/00018 - SKYLIGHT COLLIMATOR WITH MULTIPLE STAGES

ZA2012/00569 - SKYLIGHT COVER WITH PRISMATIC DOME AND CYLINDER PORTIONS

ZA2012/04238 - DIRECT AND INDIRECT LIGHT DIFFUSING DEVICES AND...
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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Some company is using parts of my patent for their product. What is the process to stop this from happening?
James L. Arrasmith
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answered on Mar 20, 2024

If you suspect that a company is using parts of your patent without permission, the first step is to gather all relevant evidence, including details of your patent and the aspects of the product that allegedly infringe upon it. Consulting with a patent attorney can provide you with a professional... View More

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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Some company is using parts of my patent for their product. What is the process to stop this from happening?
Sean Goodwin
Sean Goodwin
answered on Mar 20, 2024

At least one of the independent claims (including each element of the claim) must be made, used, offered for sale, or sold for your patent to be infringed. If any element of the independent claim is missing, then they have designed a way around your patent.

The first step is to consult a...
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