Patents Questions & Answers by State

Patents Questions & Answers

Q: If I design a bikini or a set of lingere to sell, do i need to patent the design? If not do I need to copyright?

1 Answer | Asked in Copyright, Intellectual Property and Patents on
Answered on Nov 18, 2017

You are not required to to have a design patent in order to sell a product. Some companies like Oakley, Inc. elect to take the extra step to get design patents on iconic products to ward off people seeking to sell confusingly similar sunglasses. (Knock-offs). See https://assignment.uspto.gov/patent/index.html#/patent/search/result?id=Oakley,%20Inc.&type=patAssigneeName

Many people have acquired design patents for bikini components....
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Q: How important are number of pictures for patent? I have three for a gaming table

1 Answer | Asked in Patents for Maryland on
Answered on Nov 18, 2017

You need to have enough detail so that others can make and use your idea. Some patents have no drawings at all. Some have three or less. Some have dozens of drawings -- especially if they are showing many different variations on the idea or if there are many flow charts on processes.

I suggest that you read some issued patents on gaming tables to get a better feel on the level of detail that is normal for this type of invention. Keep track of the patents you review as you will need...
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Q: I want to file an international patent; what are specific procedures and requirements?

1 Answer | Asked in Copyright, Intellectual Property, International Law and Patents for Maryland on
Answered on Nov 18, 2017

There is not really an international patent. There is a process to file a patent application which serves as the front end for the patent application systems for 152 countries or regions http://www.wipo.int/pct/en/pct_contracting_states.html. This is a Patent Cooperation Treaty Application (PCT). People sometimes call this an international patent but that is not accurate.

You can file a utility application here in the US and then file your PCT application within 12 months of that...
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Q: When filing an patent; what are specific differences relating to an improvement on an invention vs. an invention?

1 Answer | Asked in Copyright, Intellectual Property and Patents for Maryland on
Answered on Nov 18, 2017

Great question.

Here are some points to consider.

1) It is extremely rare that someone submits a patent application for the first x (first transistor, first airplane, first telephone). We remember those folks as they are few and far between. Most patent applications are filed on improvements.

2) When you are the first to file a patent on X-- then you tend to get broader protection and have a stronger patent than someone filing the 100th patent on an improvement to X....
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Q: I have a very marketable product idea but I'm reluctant to bring any attention to it.

2 Answers | Asked in Contracts, Intellectual Property and Patents for Texas on
Answered on Nov 16, 2017

This is a common fear. Unfortunately, if you never tell anyone about the idea it will be hard to move forward.

If you product has new features not found in other products, then you may be able to protect the idea with a patent application. Once you have a patent application on file, then you can share the idea. Ideally under a non-disclosure agreement drafted by an attorney working for you -- be wary of forms on the internet. Note -- the patent application may not protect further...
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Q: Can a patent owner request that i send them all of my products they consider to be a counterfeit?

2 Answers | Asked in Consumer Law, Copyright, Intellectual Property and Patents for Florida on
Answered on Nov 15, 2017

I have seen a patent case that was awarded less than a dollar in damages as they wanted to make a point in a bigger set of battles.

As a practical matter, if you can show that you shipped them back to your supplier for a refund, then it is unlikely that they will chase you. We do not know whether they have similar patent rights in China or wherever your supplier is located.

If they have a design patent (number starts with a D) they can seek disgorgement of all profits you...
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Q: What most likely will happen?

1 Answer | Asked in Family Law, Child Custody, Juvenile Law and Patents for Pennsylvania on
Answered on Nov 14, 2017

So sorry, your question was posted to PATENTS (INVENTIONS) by mistake, you may want to change the topics associated with this question. I hope you find the answers you need.
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Q: I want my shoe manufactured in China. What paperwork should I submit to prevent my shoe being produced to another comp ?

1 Answer | Asked in Intellectual Property, International Law, Patents and Trademark on
Answered on Nov 14, 2017

You have asked a number of good questions. Let me fill in a few pieces of the mosaic, but you really need to get connected to a law firm familiar with working in China as there are many issues to address.

1st -- There can be utility patents on shoe designs. I worked on soft spike cleats for golf shoes many years ago. But utility patents for a shoe are relatively rare. There are certainly options for new features. Michael Jackson has a patent that allowed him to engage his shoes...
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Q: I have tried USPTO recomended methods; Is there any other way to look up a specific item's patent number?

2 Answers | Asked in Patents for Maryland on
Answered on Nov 14, 2017

Every patented product should have the patent information attached to it. If the product is such that it is not possible to attach patent information to it, then it should be on the packaging or any attached literature. Finally, recently it became legal to list on the product just a URL which points to the patent information.

Thus, my suggestion is to look carefully on the product itself, then on the packaging, and finally on the manufacturer's website. It is also possible that the...
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Q: I prepared a research paper and sent it to my boss. I later saw it published with his name only. Is it legal?

1 Answer | Asked in Intellectual Property, Patents and Trademark for Missouri on
Answered on Nov 13, 2017

Unfortunately, this happens to good researchers by bad bosses way too often, both in academia and in industry. I am sorry that it happened to you.

If you are a grad student or a post-doc, and you'll eventually need your boss's recommendation to get a good job down the road, it may not be worth it to fight him/her about it in your university ethics panel (or whatever you have at your university). Other professors and others in the field probably know that you did the work, and that...
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Q: When is a patent assigned? Is it when the original utility patent is filed? Or is it when the patent is granted?

1 Answer | Asked in Patents for California on
Answered on Nov 13, 2017

A patent can be assigned at any time. It can be assigned when filed, or when issued, or many years after it is issued, and even before any invention is made (such as in an employment agreement).
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Q: How many variations can be covered in one patent? I created a gaming table that I foresee being done in Multiple ways.

2 Answers | Asked in Native American Law and Patents for Maryland on
Answered on Nov 13, 2017

There is no limit how many variations of ONE invention you can cover.

But, you cannot claim more than one invention in one patent. If the Examiner thinks that the claims cover more than one invention, then he/she will issue a restriction and ask you to elect only one invention to prosecute.

The question becomes: if you make the table out of another material, or if you make another way of flipping the table over, is this a new invention or is it just a variation of the same...
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Q: How can stp dad get custdy of a child wif the mom wen the real dad don't wat 2 b in the child's life but don't wat2

1 Answer | Asked in Family Law, Child Custody and Patents for Oklahoma on
Answered on Nov 10, 2017

I think you are asking how a step father can become the child's father if the biological father is not in the picture. I would recommend that you hire an attorney and look into seeing if the biological father would be open to the step father adopting the child.
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Q: I'm thinking of starting a glasses company. Are there patents for hinge designs if they are printed in 3D?

1 Answer | Asked in Patents for Nevada on
Answered on Nov 10, 2017

Thanks for caring enough about doing the right thing to ask a question. The technical term for what you are asking is called freedom to operate (FTO) or sometimes "clearance". You are asking whether there are concrete legal rights that exist that would impinge on your freedom to operate in the manner you wish to do. To do this correctly, one would need to carefully study both your proposed product and the claims of the relevant patents. I will not do that here, but will provide you with...
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Q: my 8 year old son told a fib about his step dad shooting him with a bebe gun what do i do?

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Patents for Virginia on
Answered on Nov 9, 2017

He should retain defense counsel. That is a serious charge.

Call Ray Ferris in Roanoke.
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Q: PATENT: Interactive exercise pad system United States Patent 6336891. Where can I find this image online?

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

https://patents.google.com/patent/US6336891B1/en is one place to see images for this patent. From this screen you can also download a PDF of the complete patent.

Keviin
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Q: Where can I see an image of Patent number: 6336891

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

https://patents.google.com/patent/US6336891B1/en is one place.

http://pat2pdf.org/ is another although Firefox is not playing well with this site today.

Kevin
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Q: I’m trying to determine if this patent is what I’m looking to create - https://patents.justia.com/patent/8656283

2 Answers | Asked in Copyright, Intellectual Property and Patents for Washington on
Answered on Nov 7, 2017

Thanks for caring enough about doing the right thing to ask a question. The technical term for what you are asking is called freedom to operate (FTO) or sometimes "clearance". You are asking whether there are concrete legal rights that exist that would impinge on your freedom to operate in the manner you wish to do. To do this correctly, one would need to carefully study both your proposed product and the claims of the relevant patents. I will not do that here, but will provide you with...
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Q: Does this qualify as an intentional infliction of emotional distress.. could I/should I take him to court?

1 Answer | Asked in Family Law, Personal Injury, Civil Litigation and Patents for Arizona on
Answered on Nov 6, 2017

So sorry, your question was posted to PATENTS / INVENTIONS by mistake, you may want to change the topics associated with this question. I hope you find the answers you need.

Kevin
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Q: My son is 15 and having a baby he sign the birth certificate? We live in the state of Missouri.

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

So sorry, your question was posted to PATENTS / INVENTIONS by mistake, you may want to change the topics associated with this question. I hope you find the answers you need.

Kevin
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