For example, I currently sell a Spray Bottle, however, I didn't invent it. If there's no patent on the item, could I file for one? Or would I have to change something about it? If so, is there a way to something about the product to file my own patent for it?
Patents are intended in reward inventors. If you did not invent the product, you cannot patent it.
You may be able to patent an improvement to the product as long as whatever you do is not obvious to someone that designs spray bottles. But you would need to invent this or pay someone to... Read more »
For example, I want to file a patent for my Spray Bottle, how long would it take?
Spray bottle again. If there are no major issues you are looking at two to three years.
If there are a lot of modifications, changes, etc, you are looking at longer and more cost.
Consult with an attorney.
For example, I have a Spray bottle I want to file a patent for, how much would it cost?
Depends on the technology.
Budget around $10,000 to $20,000. More if it is a complex patent and technology, like biomed, software, etc.
Consult with an attorney.
www.legalbizglobal.com
For example, I sell a spray bottle, however, it already has a patent. change about that product so that I can't get claimed as violating a patent? Is it as simple as changing the type of plastic? Can I file a patent for part of a spray mechanism for that bottle?
Be careful. Consult with an attorney.
The patent allows you to practice your improvement, but you are still bound by the active patents covering elements that are part of your invention.
The change needs to be novel and non obvious.
US Patent for Sole part Patent (Patent # 9,980,533)
Yes, you can.
As long as you do not do what it says in the claims (literally or otherwise), you should be OK. You can take their idea of flexible sole, but just not what is in the claims.
I am sole inventor. Michael Tallen. Dennis Fenton did not come up with idea nor did any of the work. I was fresh out of school. He threatened me to get name on patent snd drove me out of Amgen. Today he is on Board of Directors of over 200 Biotech Companies worth $500M. Amgen got to markets... Read more »
I can't give you an exact answer to your question because I do not have all the information, but here is several points which you should consider.
(1) There is a difference between an ownership of a patent and an inventorship.
(2) An inventor is one who invented as least one of... Read more »
The general type of patent is an issued United States Utility Patent (not a design patent and not a plant patent).
The claims are written a number of different ways but they cover articles of manufacture that have a feature to protect electrical components from excessive electrical surges.... Read more »
I believe they are out of business. I would like to buy the patent and the rights to produce their products. And maybe purchase and of the manufacturing equipment and or materials they may still posses.
You have the option to license the patent/application or purchase the patent/application and have an assignment executed. I'd recommend a review of the entire IP portfolio if they are in fact out of business. My firm frequently handles licensing and assignment transactions.
Robyn T.... Read more »
I filed my provisional patent march 14 2016> They are only good for a year I believe...
If you filed a provisional patent application on March 14, 2016 and took no further action, then that provisional patent application expired. An expired provisional application that was not used as a priority document for a later patent application gives you no rights to exclude others.... Read more »
I recently manufactured on a CNC machine 5 sets of high performance skateboard trucks. The design copies very closely a design of a company that is no longer in business. I believe they never had a patent on their skateboard parts. Is it legal for me to sell my product? They are not exact... Read more »
that definitely requires an in depth analysis and consultation with an attorney
in any case you always run the risk of somebody claiming you are copying something
you need to understand how many basic designs of trucks exists, how long they have been around, etc. in order to assess... Read more »
I’m confused as to the patent. So anything that locks to a cross member with a combination lock in a portable bag form? Would be patent infringement?
It would help to know the number of the patent you are talking about.
If this is important to you, consult an attorney.
Providing detailed legal advice goes far beyond the scope of Ask a Lawyer.
For example the Icy-hot product..if I make another natural based product that cools and then heats the skin with all organic ingredients is it legal to manufacture and get a patent?
See https://www.uspto.gov/patents-getting-started/general-information-concerning-patents
The chemicals themselves are not unique, just the combination.
To merit a patent, the combination must be non-obious. There should be some synergy in the combination. Sometimes a combination may be considered obvious if each component works in a well-known way. A patent attorney may be able to see synergy where the inventor may not. This is because the legal... Read more »
Is this patent earning royalties? 20020198764
The number you cite is not a patent. It is a published version of an application. Not all patent applications become patents. According to Google Patents, this one did not.
https://patents.google.com/patent/US20020198764A1/en?oq=20020198764
Sometimes a license agreement will... Read more »
A thematic cruise route spanning over 4 continents and 10 cities.
This does not sound like a fit for the patent system.
35 USC 101
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and... Read more »
Theoretically yes, but in practice this is rare.
A patent is considered as personal property, just like a car, a stock portfolio, or an old masters painting. So, yes, you can inherit a patent just like any other personal property.
In order to collect license fees, or "royalties",... Read more »
What happens if patent holders allow other competing products on the market that conflict with an existing patent(s)? How many years can thes competitive products be allowed on the market before the Patent becomes unenforceable?
A UK patent is a UK patent. There is not yet an EU patent. You can get your patent application examined by the European Patent Office so you only have to do that work once, but the allowed EPO claims are then validated in individual EPO countries such as the UK. So one patent application may end... Read more »
I seen 13 patents on your site stated Allen C. Thomas inventor of ,I own all rights due to inheritance
Further facts are needed to address this question. How do you know you inherited the patents? This cannot simply be assumed. Is there a will specifying that this property went to you? Did your father own the patent rights when he died? Who may have used the patent rights and when? Did this all... Read more »
I have never seen the type of pocket inside any journal/notebook before. Is it even patentable?
A patent is a business tool. In "Ask a Lawyer" we can answer legal questions, but not business questions like if a patent is worth getting.
Let me ask you a few questions that you need to think about: after you spend $10K, $15K, $20K, or more, in getting a patent, what are you going to do... Read more »
My father was involved in patents and was not sure if the family is entitled to anything from them.
If your father was employed by a company and made inventions as part of his normal job duites, then the employer might consider your father fully paid in that he received his paycheck. As a paid to invent employee, the money paid by the company to your father would serve as consideration for the... Read more »
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