est Husbands and their trademark expired and was abandoned for no response and I'd like to have it assigned to him. Serial Number
Word Mark
HILCREST HUSBANDS HE 602- Abandoned are To
Status Date
2012-06-01
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023
To acquire an abandoned patent, you would need to confirm its abandonment status, reach out to the original inventors or assignees to negotiate an assignment agreement, file the necessary documents with the USPTO, and follow their procedures for patent assignment. Consulting with an intellectual... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2023
As per California law, if you believe that your invention and idea have been stolen by Davidson's Invent and marketed without your consent, you may have grounds to file a lawsuit for intellectual property infringement. However, whether or not you have a valid case against Davidson's... Read more »
What constitutes significant and novel change?
How do I apply for these things without thinking a lawyer will steal my idea? Haha!
answered on Apr 10, 2023
Whether something is novel and nonobvious depends on the specific "prior art" that already exists. It is often helpful to conduct a "patentability search" before applying for a patent. This typically will involve a search (by a professional searcher) of what publications (such... Read more »
What constitutes significant and novel change?
How do I apply for these things without thinking a lawyer will steal my idea? Haha!
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2023
To be considered significant and novel, the improvement to wagering in online sports gambling must be a new and non-obvious solution to a problem in the industry. It must be something that has not been done before or that would not have been obvious to someone skilled in the field.
To apply... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2023
No, changing the basic media player does not qualify for a patent. Patents are only granted for inventions or innovations that meet certain criteria, including novelty, non-obviousness, and usefulness. In order to be eligible for a patent, an invention must be a new and useful process, machine,... Read more »
(2) How really to make sure of a lawyer's competence, committment, and area of expertise? (3) What should I expect as norm for a payment setting (a couple real instances, please)?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2023
If you have a patentable invention and you want to sell it to a market-dominant company, you may want to consult with an IP lawyer to help you with the legal aspects of the sale. Here are some key things to consider:
An IP lawyer can help you with patent prosecution, licensing agreements,... Read more »
(2) How really to make sure of a lawyer's competence, committment, and area of expertise? (3) What should I expect as norm for a payment setting (a couple real instances, please)?
answered on Feb 24, 2023
A market dominant company is not likely to take you seriously until you have proceeded in the patent process until at least an Office Action noting some allowable claims. So I would be sure to file the application using some form of acceleration. Usually, that is a Track One fee and petition so... Read more »
I have patent idea re an improvement to manual golf carts Cl 280/1.5, need patent attorney who is a golfer to understand the subject
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023
While it's understandable that you may want to work with a patent lawyer who is also a golfer to understand your patent idea, it's important to keep in mind that a lawyer's expertise and experience in patent law and the specific technology area of your invention may be more important... Read more »
I read this on this site under New Use Patents: a "second company" is awarded a new use patent.
answered on Jan 31, 2023
Yes, this is common. Inventor A gets a patent for an invention, and then inventor B files for an improvement to the invention. Inventor A cannot practice the improved version because inventor B has a patent on it, and Inventor A cannot practice either the original invention nor the improved... Read more »
They have the same name: archangel. They both superheroes. They have a similar look (human with wings... Like an angel). But that's it.
The story is radically different. Marvel's archangel is a mutant originally called angel until his wings are replaced by mechanical wings. That... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023
It's possible that there could be some confusion or potential for infringement, as the name and certain elements of the character are similar to Marvel's Archangel. However, it ultimately depends on whether the similarities are substantial enough to create a likelihood of confusion in the... Read more »
They have the same name: archangel. They both superheroes. They have a similar look (human with wings... Like an angel). But that's it.
The story is radically different. Marvel's archangel is a mutant originally called angel until his wings are replaced by mechanical wings. That... Read more »
answered on Jan 25, 2023
This is more of a trademark issue than copyright, unless the image of your character is identical to the Marvel character.
ARCHANGEL was a registered trademark of Marvel in 1994 for comic books, but that registration was cancelled in 2005 for failure to file a statement of continuing use.... Read more »
Hello,
I’d like to get consultation with a lawyer concerning patents. I’m thinking of producing Pickleball balls with further sales. I’m interested if I can do that legally. What is mentioned in the patent? Do I need a license for producing the balls? Etc.
answered on Jan 11, 2023
In order to obtain a patent, you will need to show that your pickleball is not just different from the existing pickleballs but differs in a way that would be non-obvious to a non-creative expert in pickleball design.
In order to sell pickleballs, you need to be clear of all relevant... Read more »
Is this a 20 year patent? How close to the design could a competitor come without violating the patented protection?
answered on Dec 3, 2022
Google patents lists the expiration date of October 9, 2031 (assumes payment of all maintenance fees).
There are three independent claims. In order to infringe the claims, you need to do what is either literally in claim 1, 8, or 14 or be covered by the slight expansion of scope afforded... Read more »
A teepee for example
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2022
Sure as long as you meet the threshold requirements for US patents, i.e. that it is new, useful, and non-obvious. Realistically, if it is a commonly shaped teepee with no novel utility, it will likely not be enough to pass the thresholds for a utility patent application. However, if there is a... Read more »
A teepee for example
answered on Nov 3, 2022
It depends on the structure. The USPTO will not give you much if any credit for teaching Bamboo. They also won't give you much if any credit for teaching a known structure such as a teepee. However if you come up with a non-obvious and original structure, or some non-obvious way of altering or... Read more »
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 »
answered on Sep 12, 2022
Generally, ex parte reexaminations can run between $15,000 and $25,000 for the party requesting it, split between government filing fees and attorney fees and attorney fees. Quite a bit of preparation goes into these filings, and nailing down a more specific estimate could be accomplished after a... Read more »
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 »
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 »
Is the product patentable, how do I move forward if it is and what the cost is.
I have no problem paying a lawyer to do so if the product is patentable and
will pay a fee to know if it is patentable.
answered on Aug 18, 2022
It is near impossible to "know" that something is patentable as the world is a big place and any reasonable prior art search is not going to check every obscure article in every language. (Prior art includes anything written since the beginning of recorded history in all languages that... Read more »
I see a patent was granted to members of my team and I was not included as I left the company before the application was filed. I have documentation (lots) to back up my argument to be included on this patent.
answered on Jul 31, 2022
This is a very common problem. I presume that you want to have your name on the patent as one of the co-inventors so that you can put it on your resume/CV, and not get an ownership stake in the patent.
If you really have a good argument to be listed as a co-inventor, reach out to the... Read more »
If one of the inventors passed away before the patent was complete would his/her spouse get the benifits for the patent. Also how could I find out if an agreement was signed between the inventors and the company?
answered on Jun 20, 2022
If the inventor/employee assigned rights (or was under an obligation to do so), then the rights will be in the employer/company. This is the normal way of the world. I paid a builder to build my house. The builder built the house but as I paid him to do so, I own the house even though I did not... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
