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Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Hey,if a pattent in worldwide applications has only "US" and its not mine- could I sell the product in EU?

The product has been patented in US few years ago, but it doesnt have in "Worldwide applications" nothing more than US. Could I then sell this product on my own brand in Europe?

Erik Špila
Erik Špila
answered on Sep 28, 2022

You should first check if there is not such patent registered on regional/national level in the EU or in the EU member states. For this I highly recommend performing patent search with patent attorney.

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Does a US method patent protect the domestic sale of foreign-made-goods constructed via the US-patented method?

I think I have a novel method of manufacturing a category of widgets. The method will make manufacture cheaper and faster for a subset of these widgets (but not all). My target audience for these widgets is within the US. Each individual widget could receive its own utility patent, but it... Read more »

Erik Špila
Erik Špila
answered on Sep 28, 2022

Dear Mrs or Mr,

in your described case, I would say that as the patent is the territorial right that you would be protected in the territory of the U.S. However I am an IP lawyer in EU, so I am taking into account the principles of IP law and my legal knowledge. So in order to be sure about...
Read more »

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1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Tennessee on
Q: Does claim 20030136149 (publication number) mean that I can't personally make morse code bracelets and sell them?

I am planning on making them and selling them in the Gatlinburg and Pigeon Forge area of TN. We would get a small business license, and pick our own messages. But I'm wondering if I legally can't, based on this patent. And if this patent doesn't stop me, are there other patents that... Read more »

Carl Massey Jr
Carl Massey Jr
answered on Sep 16, 2022

This is not a patent. It is a published patent application that was abandoned a long time ago. If you need a patent search to see if any other patents out there would present a problem, you're gonna have to engage a patent professional. But this patent application would not be a problem.

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: Can a patent that was abandoned be patented again by one of the inventors?

Publication number: 20040002883

Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Sep 14, 2022

If there's a new improvement to it that is patentable, there may be an opportunity for a new patent application. However resubmitting an old application as-is that's already published, with nothing more, generally won't work.



I am a registered U.S. patent...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: Can a patent that was abandoned be patented again by one of the inventors?

Publication number: 20040002883

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 14, 2022

For patents, no.

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2 Answers | Asked in Patents (Intellectual Property) for Washington on
Q: Is it legal to add 2 people to my patents who now claim to be inventors when I was the listed0 on my patents for 8 yrs
Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Sep 14, 2022

The question of inventorship is actually a legal question, so ultimately anyone who should legally be listed as an inventor *must* be listed as an inventor. If inventorship is found to be incorrect, the patent itself could be in jeopardy. There are procedures available for making these corrections.... Read more »

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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: What would be the cost to have a lawyer file an “Ex parte reexamination” on a patent on our behalf?

We have found a US utility patent that should be invalid under 35 U.S.C. § 102 (b), because the exact product on there was being publicly sold and marketed online for more than one year before the patent filing date. We have collected extensive evidence and are looking for a IP lawyer to writeup... Read more »

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Sep 12, 2022

Some challenges post-grant have limits on the type of challenge. An ex parte reexamination under 35 USC 302 is limited to challenges based on prior patents and printed publications. Other forms of challenge address an on-sale bar. Often if a product is on sale, there are user manuals, white... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Where do i go to discuss what i need for a US Patent.

Location best preferred

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Sep 11, 2022

You may start at the US Patent and Trademark Office website (USPTO. org) to get general information about patenting an invention. The next step would be to consult a Patent attorney who can guide you through the process and advise you based on the invention you wish to Patent. Sometimes it is... Read more »

2 Answers | Asked in Business Law and Patents (Intellectual Property) for Illinois on
Q: If I design a product that uses another person's patented component within my design, what permissions do I need?

I am creating a product (a stand for giant marquee letters) for my company that uses someone else's patented magnet as a component. What type of copyright/patent permissions, if any, do I need from the magnet company?

Michael Ray Smith
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Michael Ray Smith
answered on Sep 10, 2022

Note that I am not licensed in Illinois, and that none of the answers to questions in this forum should be considered legal advice.

You may need a license from the company that owns the patent and any other intellectual property rights, but maybe not if you simply buy the other...
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1 Answer | Asked in Business Formation and Patents (Intellectual Property) for Texas on
Q: RetailMeNot suing Honey for patent infringements.

Hi my question is regarding RetailMeNot suing Honey for patent infringements.

According to RetailMeNot’s suit, Honey infringes on U.S. Patents 9,626,688; 9,639,853; 9,953,335; and 9,965,769, which detail technologies related to things like facilitating access to promotional offers,... Read more »

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 9, 2022

It is possible for someone to start up another coupon site. You just have to be outside of the scope of the claims. In this particular case, the four patents have very long independent claims, suggesting that one should be able to work around these claims.

If you are trying to start an...
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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: I’d like to find out how to get permission to use a patent
Erik Špila
Erik Špila
answered on Sep 8, 2022

Hi,

the main option to obtain permission to use a patent is by contacting its owner. But first I would recommend you to find a patent in patent database to check if its stil valid in your territory. If it is valid check the owner or representative of the patent and contact them to negotiate...
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Q: WHAT IF I SOMEONE HAS STOLEN MY SCHOOL PROJECTS FROM "96-09" AND HAS FILED AND OBTAINED PATENTS ACCORDINGLY?

ITS PRETTY DEEP. FROM BLUETOOTH TECH, AUDIO CONVERSIONS, AND BLOCKHAIN IN RELATIONSHIP TO DNA.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 8, 2022

You still have copyright protection. You may not have patent protection depending on more factual circumstances of your case.

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Has the lid protector for paint cans been patented as described in the write to the ledt?
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 8, 2022

You can usually find a list of patents on the U.S. patent and trademark office website.

2 Answers | Asked in Patents (Intellectual Property) on
Q: I'm supporting a patient who claims to have several patents related to electric grids. How can we prove this?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Sep 7, 2022

You can start by doing a Google Search. Here is the search for looking for patents that I invented. Note that if you do not include the middle name that you will get extra patents that other people invented but you can go through that short list.... Read more »

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1 Answer | Asked in Consumer Law and Patents (Intellectual Property) for Oregon on
Q: I created a new product for my regional food company. It appears it will be official and sold. Am I entitled.

I live in Washington state but work in Oregon

Erik Špila
Erik Špila
answered on Sep 2, 2022

This depends on if you created it as a company employee, or in your free time for yourself. It is sometimes hard to prove both of them. It all depends on jurisdiction. I would recommend you to contact local attorney to discuss this matter.

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Oklahoma on
Q: Can I patent an idea or program I created ? I have shared this nation wide and state wide. I go to schools as well

In clinic, or school program that helps secretly get resources out on human trafficking. Program design to help keep individuals safe. After wrongful termination the clinic is still wanting to use my ideas.

Erik Špila
Erik Špila
answered on Sep 2, 2022

It is not certain how long have your invention been public and other details. Computer programs themselves are mostly not patentable but in some cases they can be patentable (you can patent processes performed by the software). However, if your software is no longer novel, you will not be able to... Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: Hello i'm a ebay seller, how much patent infringement costs; for an item has been sold 4 time, which cost 7.9 $

a court case has been filed against me and anothers store. for patent infringement. after contacting the lawyer, her client accepted a settelement for 150$. is it a good deal, or if i wait the judgment of the court will be better

Erik Špila
Erik Špila
answered on Aug 30, 2022

Dear Mr or Mrs,

you are not mentioning your jurisdiction (country) but I can say for my jurisdiction its 1000% better to settle case for simple 150$ out of the court than going through whole proceedings at the court. For instance the court fees could be much higher than the actual...
Read more »

1 Answer | Asked in Patents (Intellectual Property) for Minnesota on
Q: I have an idea for a product and has spoken to certain people companies I don't have a patent what can I do to protect m
Tim Akpinar
Tim Akpinar
answered on Aug 30, 2022

Your question remains open for two weeks. You could try reposting under the category "Patents (Intellectual Property)." There's no guarantee that all questions are picked up, but you would have better chances of a response there. Product liability is more about injuries from... Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: Hello, I would to be sure the product i will sell will note be concerned by an existing patent. How to check?
Erik Špila
Erik Špila
answered on Aug 24, 2022

Dear Mrs or Mr,

you can perform a design patent (industrial design), trademark or patent search in pertinent territory. Performing all of them might be difficult and expensive. Maybe if you provide more details about product I can offer more specific advice so you can do only relevant and...
Read more »

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: I am wanting to make something similar to patent # 10517291 but I do not want to infringe on the patent.

I want to use gears instead of the timer to give somewhat of the same effect but the motor will be constantly on, and I will not have a timer at all. Does this idea infringe on this patent? It specifies the cycler as a timer chip, which I will not be using, so I do not see something wrong with this... Read more »

Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Aug 24, 2022

Hi, this would involve what is called a Non-Infringement Analysis, which involves a careful determination of claim scope and whether what you’re looking to do falls within it. Generally, patent attorneys are able to conduct this type of analysis, and should be able to assist you with making... Read more »

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