Patents Questions & Answers by State

Patents Questions & Answers

Q: Am I able to get a patent on a data compression algorithm that's only an idea on paper that describes the process

1 Answer | Asked in Patents for Ohio on
Answered on Sep 17, 2017

You do not need to actually construct your invention to get a patent. You can simply describe it in a way that it is sufficient for someone else who is knowledgeable in the field to follow your description to actually construct it.

But there is a bigger issue at play here. There are certain things which you cannot get a patent on. One of those is mathematical formulas. Your invention needs to be a little bit more than just an algorithm. See Alice v. CLS Bank
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Q: What is the average cost to get a provisional patent for an app idea?

1 Answer | Asked in Patents for South Carolina on
Answered on Sep 17, 2017

The filing fee that the U.S. Patent Office charges for a provisional patent application is $260 if you are a large business, $130 if you are a small business, or $65 if you are an individual inventor (but not too rich).

But the filing cost is not an issue. You need to have a good patent agent or patent attorney to prepare the application for you. That could be anywhere from a few hundred dollars to well over $10,000.

Why such a huge range? Well, a provisional patent...
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Q: I would like to patent a 10AA peptide sequence for a spec. application but the sequence is already patented

1 Answer | Asked in Intellectual Property and Patents for California on
Answered on Sep 15, 2017

It is possible that a sub-sequence could be considered by itself. A claim on this sub-sequence should be non-obvious in view of the long sequence and be useful by itself. The question only provides enough information to say that it appears that consulting IP counsel would be prudent.
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Q: Is the material known as Zorb patented or copywrited?

1 Answer | Asked in Copyright and Patents for Alabama on
Answered on Sep 14, 2017

This material is very likely trademarked. It is likely not copyrighted.

As far as patents go, it may very well be patented. Take a look at the material or the packaging that it comes in, and there should be some sort of a patent marking, such as “pat.” or “patent” with one or more patent numbers or a URL.
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Q: Can I still do a Allodial Title in NJ? They will not allow me to do a land patent in this state.

1 Answer | Asked in Land Use & Zoning, Patents and Real Estate Law for New Jersey on
Answered on Sep 11, 2017

No.

Because any land in NJ is subject to the US Constitution, the government has the right of eminent domain.

You will have to continue to pay taxes. Sorry.

(Disclaimer: I do not do real estate law, just patent law, but this seemed like an easy question to answer. Corrections are welcomed)
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Q: I just discovered someone who bought something I patented used it in their own patent

1 Answer | Asked in Patents for California on
Answered on Sep 8, 2017

It depends on what the claims of your patent recite. See if they describe the other item. Is there a corresponding product? If this answer is not clear to you, it is unlikely that you will be able to address this without consulting a patent attorney.

See the disclaimer at the bottom of this page.
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Q: Are beverage recipes patented?

1 Answer | Asked in Patents for New York on
Answered on Sep 8, 2017

Yes, it should be possible to patent a beverage. After all, a beverage is nothing more than just a composition, and I, as well as hundreds of other chemical patent attorneys, make a living getting patents for compositions.

However, there are two serious problems that you need to consider before spending your money on a patent.

Firstly, it will be difficult (read: expensive) to get such a patent.

With respect to novelty, given that there are millions of drinks mixed...
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Q: Can a paver brick such as a brick used in walkway with names stamped in them be patented?

1 Answer | Asked in Patents for Arizona on
Answered on Sep 6, 2017

Yes, it could be patentable.

What I mean is that this is the type of thing for which patents are awarded (i.e., it is "patent eligible subject matter").

The problem is that it may be difficult to get a patent, because it may seem obvious to the patent office. Without looking into this in more detail, it is not easily determined if you will likely get a patent or not. You can see what your chances are by doing a patent search or an open literature search prior to spending money...
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Q: What are the total, all inclusive, costs of submitting a patent application?

1 Answer | Asked in Patents on
Answered on Sep 6, 2017

The cost of submitting a patent application is well known. Depending on your situation (provisional vs nonprovisional vs PCT; large vs small vs micro entity, number of pages, number of claims, etc.) is could be from a few hundred to a few thousand.

You can look these fees up here https://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule.

But the USPTO fees are not the biggest expense. The biggest expense is the preparation of the application, which...
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Q: Is it possible to patent something that you put on your private Google Drive account?

1 Answer | Asked in Patents for New Jersey on
Answered on Sep 3, 2017

I would try to put onto Google Drive, or any other similar off-site services, anything that you want to keep secret.

It is likely OK, and many attorneys may not worry about it, so I do not mean to scare you. But the problem is that the area of law regarding confidentiality of electronic documents off-site stored on servers not controlled by the author is still in development. It will likely be OK, but I’d rather that my clients not take chances on keeping confidential documents on...
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Q: Patent Question: How do I safeguard an idea for a new product?

1 Answer | Asked in Copyright, Intellectual Property and Patents for Nevada on
Answered on Aug 30, 2017

Congratulations on coming up with a new product. I hope that it is a success.

You are also absolutely correct that you need to safeguard your idea. Among the documents that your investors will want to see prior to giving you money, is a patent application. If you do not have IP secured, they will assume that (1) you are not a serious entrepreneur and do not know what you are doing; and (2) someone else will steal your idea and wipe out their investments.

How do you safeguard...
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Q: while reading a patent application how to see figures mentioned in application

1 Answer | Asked in Patents on
Answered on Aug 30, 2017

You have to take a look at the .pdf or .tif version of the patent application.

There are some websites that try to identify the figures automatically and pull them out, but I haven't seen anything that does a fool proof job. I always just download the .pdf version.
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Q: Can I will my design patent to my daughter to use after I die?

1 Answer | Asked in Patents for New York on
Answered on Aug 29, 2017

Yes. Patents are personal property, similar to a car, a bank account, or an art collection.
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Q: Re Patent # 9675654: does this mean only GW can make a cannabis medicine for cancer? Where can I see the terms granted?

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

To answer your second question, as with all patents, the scope of protection is defined by the claims. In this case, there is only one claim:

1. A pharmaceutical product consisting essentially of (1) isolated CBD and temazolamide, (2) isolated THC and temazolamide, or (3) a combination of isolated CBD, isolated THC and temazolamide, wherein the pharmaceutical product is packaged for administration separately, simultaneously or sequentially.

With respect to your first...
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Q: Could documented proof (not temporary patents or signed papers) be enough to sue someone for stealing my invention ide?

1 Answer | Asked in Copyright, Intellectual Property and Patents for Texas on
Answered on Aug 25, 2017

You should not be concerned that a patent attorney is going to steal the idea underlying your potential patent application. There are robust legal protections in place to protect your private and confidential information when you discuss legal matters with an attorney. If an attorney were to steal your idea and patent it for him or herself, you would be able to sue that attorney and that attorney would face the possibility of being disbarred (disallowed from practicing law).

If you're...
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Q: Is it mandatory to assign the names of the developers / designers of the product along with the inventors?

1 Answer | Asked in Patents on
Answered on Aug 23, 2017

A patent must list all people who are inventors. The list must be exact; not more, not less, not different. Whether someone is an inventor or not is a complicated process, but one that the attorney must ascertain correctly in order to get a valid patent. In many cases, a developer or a designer may be considered to be an inventor.

There really is no way of listing other people who helped, but their activity was not sufficient to consider them to be an inventor. This is unfortunate,...
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Q: Hello. Is the use of magnets, to close shirts together, something I can produce, even though it's been done before?

2 Answers | Asked in Consumer Law, Copyright and Patents for California on
Answered on Aug 20, 2017

Patents are awarded for new, useful and non-obvious inventions. At the end of the patent, there are run-on sentences called claims. The attorney and the patent examiner work out an understanding of how many distinctions must be recited in the claims in order to merit award of a patent. To determine if a Magna Ready patent covers your invention, you would have to find the appropriate patent or patents and then read the claims. Interpreting a claim can be very tricky. If you are not experienced,...
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Q: Where can I search if my bottle design already has a patent or not?

2 Answers | Asked in Contracts, Copyright, Business Law and Patents for New York on
Answered on Aug 18, 2017

The Library of Congress. This is something that we offer under a limited low-cost retainer because the legal service is "unteathered"

Please feel free to contact my office if you would like a free consultation.

Aubrey C. Galloway III Esq

Law Office of Aubrey C. Galloway III, Esq PC

2 Overhill Rd. Suite 400

Scarsdale NY, 10583

914-912-1555

AG3LAW.COM
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Q: I invented a device while I was in college and now a company is producing it. Do I have any rights?

1 Answer | Asked in Patents for Texas on
Answered on Aug 16, 2017

Sorry, you do not have any rights in the product. Patents are not like copyrights in this respect.

Moreover, if the invention is legally considered the same or similar enough (which it may not be), and if your packaging is sufficiently descriptive enough (which it may not be), and if the packaging was sufficiently publicly available (which it may not have been), then the manufacturer of the product will not be able to get a valid patent on the product either.
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Q: Can the products that are patented & sold in US,UK be sold in other countries? What are the legal things to consider ?

1 Answer | Asked in Copyright, Intellectual Property, Patents and Products Liability on
Answered on Aug 16, 2017

The idea behind patent law is that a patent provides the patent owner certain rights within the borders of the country.

So if there are two patents for a product, one in the US and one in the UK, and nowhere else, then you are not able to make, use, sell, offer for sale, etc., within the US and the UK, but it is OK elsewhere.

You have to be careful, though. You have to make sure that ALL of the activities are taken place outside of US and UK.

And you also have to be...
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