If one of the inventors listed on the patent has died. Are his rights transferable to his heirs or does the other listed inventor have sole marketing rights?
answered on Jul 27, 2021
Patent rights start with the inventors. The rights can be moved in their entirety through a type of contract known as an assignment. Many inventors are paid to invent by their employers and assign their inventions over to their employer. Rights can also be given to use the invention through a... Read more »
I am interested in making a chip (snack food) that is pressure popped but I believe the technology is patented. I found a manufacturer abroad for the machinery I would require.
The patent states: "The present innovations generally relate to the manufacture of food products, and more... Read more »
answered on May 25, 2021
This is a very common question. A couple of points:
(1) What the patent covers and does not cover is defined by the claims. Those are the numbered paragraphs at the end of the patent.
The paragraph that you've copied sounds like it was under the heading Field of Invention,... Read more »
answered on Mar 9, 2021
Yes, you should be able you, provided that the design is new and not obvious. Given that there are hundreds of different wedding stationery designs, and there may be other stationery in form of a magazine, it may be tough to get the design patent. You need to talk to a patent attorney.
The inventor is now deceased.
answered on Dec 9, 2020
Probably a relative of the inventor.
USPTO records don't appear to show that the inventor assigned the patent to anyone, so presumably it remained the inventor's property and passed to his estate upon death. Assuming that the inventor left a will, the patent - like other property... Read more »
answered on Nov 18, 2020
This is one of those searches that is best done on the USPTO site as you can specify the application type to narrow the search to design patents.
There are a number of design patents with "handcuff" in the title.... Read more »
U.S. Patent: 10190330
answered on Jul 17, 2020
If the broadest claim in a patent requires 5 things--To make this easy, call them A, B, C, D, & E.
If your improved product added some new features (F & G) so that your device had A, B, C, D, E, F & G. then your improved device would infringe as you have A-E as called for in the... Read more »
answered on Jun 5, 2020
It would need to be something very unusual to get a patent on the specifics of the thread geometry. Virtually every possible combination of handedness, threadform, thread angle, lead, pitch, starts, has been done. There seems to be more appetite in the USPTO to grant patents for orthopedic bone... Read more »
answered on May 26, 2020
Tell us more, please. Which patent?
The parts are sourced from an online community (LDraw.com) that models the LEGO parts in 3D attempting to digitally archive the LEGO parts, so they are as close to the original as possible. I am attempting to create a virtual reality game where these parts can be built in a similar way (but in a... Read more »
answered on Apr 27, 2020
It will depend on what parts you are referring to.
If they are the ones out of protection, you could use them. But you need to make sure they do not have other protections, common law or statutory.
You should definitely consult an attorney to be better guided.
How do I go about inexpensively getting a provisional patent so that I can start getting this product out there? I do not have time to do a regular patent.
answered on Apr 23, 2020
You can submit a provisional patent application that provides a description of how to make and use the invention. This will establish an international filing date. From this date you can further seek U.S. and international patent protection via subsequent patent filings.
My company is developing new software - I am NOT a part of the development team. But I have designed a far superior product that could potentially be worth millions to the company. If I present it to management, they could take it, hand it over to the development team, and potentially leave me out... Read more »
answered on Feb 16, 2020
I am not a patent attorney but there may be a question as to whether the company already owns it even though they may not know about it. I see that you created it on your personal computer with non-company software, but did you create it on your personal time or on company time? Also, do you have... Read more »
Have a product idea, but wondering about some marketing kickbacks, so I'm going to use an example to explain what I mean...
Pretend I invented baseball caps and patent the product. Everyone decides they like them, so people buy and use them. Suddenly, a large corporation wants to put... Read more »
answered on Sep 2, 2019
If you have sufficient bargaining power, you can sell your product to individuals with a different deal to different groups.
So you can license one company to get the hats with a logo but you might control that you would be paid to apply to logo to the hat and build the profit margin in.... Read more »
Patent application #X was originally filed and later published in 2013 as I was employed by Applicant, I assigned it to them, patent was abandoned by applicant. I terminated my employment with them in January of 2016. They refilled the "same" patent in November 2018 but it got a different... Read more »
answered on Aug 20, 2019
I am sorry, John, but it is very unlikely that you have any ownership stake in Patent #Y.
If patent #Y has issued, and it is pretty much the same as patent application publication #X, then Patent Application Y somehow claimed priority to X. It had to, because X would otherwise be cited... Read more »
answered on Jun 19, 2019
Well, you are going to have to hire a patent attorney to give you an idea if what you want to do infringes or does not infringe on that patent. The patent attorney should also be able to let you know how to do what you want to do without infringing on the patent.
My ex wife and I have two boys who she have kept from me. I got married in 2016 and was put on child support. I am tired of being harassed and I’m tired of my children getting hurt by me trying to contact them. I currently have two girls by my current wife and none of us are allowed to contact... Read more »
answered on Feb 5, 2019
You are not likely to be able to terminate your parental rights under these circumstances. Termination of parental rights is only permitted in limited circumstances. Generally, only voluntarily when there is another parent willing to step into the biological parent's place in a step-parent... Read more »
I am a physician assistant and I want to create a bandage that will help a lot of my urgent care patients with infection. I would like to know if I should pay for a professional patent search before I have a prototype?
answered on Jan 19, 2019
I am glad that you are worried about coordinating the prototyping and patenting, before you bring your product to your patients and to the market. I’ve been working with a client for the past almost 2 years on getting a Class I medical device in the WOC field onto the market; I obviously can’t... Read more »
Example: claims mention a seat. new project has no seat
answered on Dec 30, 2018
You have two issues in your question: infringement and patentability.
If you make, sell, or use a product that is patented by another party without the right to do so, then you need to be concerned about infringing the other party's patent. Now, if the other party's patent claims... Read more »
The idea I have if for a every day usage but the patent in mind is for medical usage. My idea still theoretically does the same but uses different materials and also it has usage after sporting events and after walking or working daily. Before I start the patent process I wanted to know if my ideas... Read more »
answered on Dec 21, 2018
It is hard to really say one way or another without knowing more about it. If your product is the same (or close enough) as the patented product, but you want to use it for a different purpose, then you will likely not be able to get a patent for it. But if you tweak it enough, for example,... Read more »
Is there a formal application & a legal process to transfer partial ownership to another person? Where is the application filed at? The library of congress (patent office), or the courthouse ? Thank you.
answered on Jul 9, 2018
You can assign a portion of the patent ownership to another person by a type of contract called an assignment.
You can record the assignment with the USPTO via https://epas.uspto.gov/.
In many cases, it is easier to give a person a portion of the company formed to work the patent... Read more »
The original patent application has been filed only under one inventor's name. Can a co-inventor's name be added to the original application if the application is currently being processed (but perhaps not finalized, yet) ??? What if the processing of the patent application has been... Read more »
answered on Jul 9, 2018
The best way of resolving this problem is to approach the patent attorney or patent agent who is handling the case.
It is extremely crucial that the inventors be identified on any issued patent correctly. If the patent does not have the correct inventors, such as an inventor is missing (as... Read more »
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