Patents Questions & Answers by State

Patents Questions & Answers

Q: I am a computer engineer persuing LLB . I intend to become a patent attorney. Do i need to give patent agent exams.?

1 Answer | Asked in Intellectual Property and Patents on
Answered on Jul 24, 2017

I am not sure in which jurisdiction you want to practice. For the answer below, I assume that you are looking to represent clients in front of the U.S. Patent Office.

The distinction between an attorney, a patent agent and a patent attorney is relatively simple:

- An attorney is someone who went to law school and passed a state bar.

- A patent agent is someone who passed the U.S. Patent Office exam.

- A patent attorney is someone who passed both the state bar...
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Q: How to get justice for the patented work which exclude one or more contributors names?

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

This is a very common question, especially when potential inventors leave jobs, or there is a business reorganization, or when some employees just don’t get along with others in the company. Sorry if any of these is your situation.

There are a couple of things that you need to understand.

(1) Listing of inventors on a patent is not like the listing of authors on a journal article. Listing of authors on journal articles or presentation is often not very clear. Yes, you...
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Q: Is it worth filing a patent in China?

2 Answers | Asked in Consumer Law, Intellectual Property, International Law and Patents on
Answered on Jul 18, 2017

Even though China is considered in the popular press as being anti-patent, or just a country full of copiers of inventions of others, the Chinese government has recognized that the protection of intellectual property is crucial to the national interests, and has been moving towards strengthening their patent system.

Today, the number one country in patents in the world is China. More patents are filed in China than in any other country. About 1 million patent applications are filed...
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Q: Hello,I have a vested patent about a new product for watersports.I would like to sell my idea to this kind of companies

1 Answer | Asked in Patents on
Answered on Jul 17, 2017

There are many options for selling and licensing patents. Although I do not have much information about your patent or the related product, it sounds as though this is an area of technology in which I would approach potential companies directly to work out a purchase or licensing agreement. The process will depend a lot on your specific patent and the related industry.
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Q: If my great-grandfather had unclaimed money would I be able to claim it? We pretty much have the same name.

1 Answer | Asked in Patents and Probate for Florida on
Answered on Jul 16, 2017

You are thinking about pretending you are your great-grandfather? They will be able to piece the clues together and know that you are not him. Ask them honestly what you will have to do to establish your claim to the funds.
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Q: Hi, I was wondering if you are able to file patents for video game ideas that are built on a 3rd party platforms.

1 Answer | Asked in Gaming, Intellectual Property and Patents on
Answered on Jul 10, 2017

The short answer is: yes, it's possible. Almost all patents are based on improving technology originally developed by someone else.

A patent can be filed on any new and useful process or improvement to a process. Playing Minecraft is a process (believe me, I know). You probably wouldn't file for a patent on actually playing the game, because enforcing that patent would mean suing potential customers. But looking at the situation in reverse, a computer performs certain processes to...
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Q: If you have an unpatented idea, but proof that you submitted it to someone, can you claim the patent?

1 Answer | Asked in Patents for Illinois on
Answered on Jul 7, 2017

A couple of points.

When you come up with an invention, you have 3 choices to make. One, you can patent it, so that everyone will know about it, but you can keep others from using your invention. Two, you can keep it a secret, so that nobody will know about it. Three, you can disclose it, talk about it, and present it at shows, so that others can know about it. You made the third choice. You cannot patent it. Others cannot patent it. Anyone can use your invention as they see fit....
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Q: We filed a provisional for our son around June 2016 based on his school science project, can he still file for Patent?

1 Answer | Asked in Patents for California on
Answered on Jul 6, 2017

No.

In patent law, missing some deadlines can be easily corrected, for other deadlines, it is difficult to correct, and for some deadlines, it is not possible. Unfortunately, missing a filing deadline to claim priority to a provisional patent application falls into the last category. Sorry.

If your son missed such a deadline, he could file another patent application (such as a non-provisional), but he just would not be able to claim priority to the provisional that lapsed....
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Q: Can two 17 year olds in Texas who both consent to having sex with each other be stopped from having sex by the parents

1 Answer | Asked in Criminal Law, Family Law and Patents for Texas on
Answered on Jul 6, 2017

In Texas, the age of consent is 17. That means 17 year olds can consent to sex, so there is no legal issue there.

However, our legal system also treats those under 18 as "minors." While living under the parents' control, minors are expected to listen to and obey their parents. However, disobedience to parents is not a crime. Legally, the parents cannot stop two 17 year olds from having sex, unless they "ground" the minor or take other non-legal measures to enforce their parenting...
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Q: Is there a risk to submit my patent to P&G's Connect + DevelopSM Innovation Portal to realize my idea ?

1 Answer | Asked in Patents on
Answered on Jul 5, 2017

Generally, no patent may be obtained for an invention that is available to the public before an application is filed with the patent office. The US has some limited exceptions, including disclosures made by the inventor less than one year before the application is filed, but the patent office will award the patent to the first person to apply for it (not the first to invent it).

As to your particular situation, you may benefit from tailored legal advice, but for that you should hire a...
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Q: Resubmit a patent

1 Answer | Asked in Patents on
Answered on Jul 4, 2017

I think that many of the patent attorneys here would be happy to help you, but I am not sure if any would be willing to post their fees publicly. If you want attorneys to put bids on your project, and do so confidentially, you may want to post it on other sites that are so equipped to do that, such as guru.com .

If you wish, feel free to send me your contact information.
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Q: Patent of cushioned drum stick handle by James Huber is an exact copy of my designs from 1995. What should I do?

1 Answer | Asked in Copyright and Patents on
Answered on Jul 3, 2017

There are many important facts to this case that are not included in the question that a patent lawyer would want to ask, for example:

What patent specifically (patent number and expiration?)

Facts specific to your design and disclosure of said design, like did you ever market or sell it.

Other general background.

I would suggest scheduling a free consultation with a patent lawyer to determine whether you have any legal recourse.
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Q: I'm using "Wicked Awesome Stepmom" and received notice that "Wicked Awesome" is trademarked. Can I challenge this?

1 Answer | Asked in Patents and Trademark for Massachusetts on
Answered on Jun 29, 2017

Both sound like a trademark that might be challenged for lack of uniqueness as they are common colloquialisms. 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, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: My ex-husband has stolen my idea and has filed for a patent what can I do?

3 Answers | Asked in Patents for Florida on
Answered on Jun 29, 2017

There are absolutely legal steps you can take. Filing for patent if you are not the true inventor is generally a wasted effort. It is not difficult to render such a patent unenforceable. There are many possible courses of action. One example would be to attempt to convince your ex-husband that it is in his best interest to correct the named inventor on the application. The idea would be to name you as an inventor, then to agree to assign the application to him for some agreed upon dollar...
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Q: I am in the process of opening restaurants that are similar to rain forest cafe, can I get sued?

1 Answer | Asked in Intellectual Property and Patents for Texas on
Answered on Jun 28, 2017

Congratulations on your new business venture. I hope that it is profitable.

And congratulations about worrying about this issue now, and not when you are getting cease and desist letters.

Your question has to do with “trade dress”: the appearance, the feel, the packaging, the style of the product or service. Quite coincidently, one of the most important cases on the issue of trade dress that every trademark attorney knows about is a case when one restaurant was sued for...
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Q: If someone is violation of a court order for years, how do I go about exposing this person?

1 Answer | Asked in Family Law and Patents for Florida on
Answered on Jun 26, 2017

If a current order is being violated then you can file a motion for enforcement. If you want to change the current order then you can file a motion for modification. Either way you nned to file something with the court.
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Q: If my ex-wife has my name taken off my daughter's birth certificate will I have to still pay child support?

1 Answer | Asked in Family Law, Child Custody, Child Support and Patents for Tennessee on
Answered on Jun 26, 2017

Yes, the birth certificate is not controlling or conclusive. If this is your child ( and since you call her your 'ex-wife" I assume you were divorced and the divorce papers establish a child support obligation), the only way your child support obligation will cease early ( prior to age 18 or graduation fro m high school) will be if your parental rights are terminated as part of an adoption. If she thinks just changing the birth certificate will do that, ( and I don't think that is possible...
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Q: Provisional patents

2 Answers | Asked in Copyright, Intellectual Property and Patents for California on
Answered on Jun 23, 2017

No, that is exactly the reason you file a provisional application - so that you can disclose your invention once the application was filed.

However, there are a few things to watch out for.

1. Make sure that your provisional application actually covers your invention. I have seen provisional applications that are merely cover more of an idea than an invention. The provisional application must actually describe your invention in a way that would enable someone else to actually...
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Q: Was there a determination on 1:16-cv-00714?

1 Answer | Asked in Intellectual Property and Patents on
Answered on Jun 22, 2017

According to PACER, the litigation has been voluntarily dismissed on 19 June 2017.
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Q: Hi, About Casino table game Patent number: D748736. How much would similar casino table game patent cost?

1 Answer | Asked in Copyright, Gaming, Intellectual Property and Patents for Nevada on
Answered on Jun 20, 2017

Design patents applications preparation and filing run in the neighborhood of $1500 to $2000. Additionally, there is the cost of prosecution.

Good luck!
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