My business partner is a manufacturer in China and he has a Chinese patent 4 yrs ago. Now he wants to apply for a U.S. patent with the same product/part. The problem is that his retailers have already sold the product into the U.S. market. My question is: is it possible to get a U.S. patent if he... Read more »
Unfortunately, most likely not. Your partner had two options to get a US patent. Either apply directly for a US patent within a year of filing for the Chinese patent, or alternatively file for an international (PCT) patent application, and then apply for a US patent application within 30 months...Read more »
An expired patent cannot be used to obtain royalties or to block the actions of others. But the patent is not worthless. It has been added to the body of knowledge of people. This was part of the deal for obtaining a limited period of exclusivity. The patent may be used to help teach others how...Read more »
Utility patent terms are 20 years from the filing date (plus any possible patent term adjustments). The U.S. patent 4,784,433, "Portable sunshade for infants in vehicles" has expired in 2008. Once a patent expires, it becomes a public property. Everyone can make it or use it without...Read more »
If by "names on the patent", you mean that there are two inventors -- then no.
The patent rights belong to the inventors unless the inventors assign their rights to someone else. Most patents have inventors that are employees that assign their rights to their employers. But...Read more »
a patent invented with Davison Invention in I explain that I have Power Attorney papers in Last will and Testament papers but I was told I have no rights to know what's going on with his product i don't understand companies r interested in his product does my papers mean anything do... Read more »
The powers of attorney all terminate upon the death of your brother. Any assets owned by your brother would now be owned by his estate. When an estate is opened, the Personal Representative then has the legal authority to act with respect to any assets owned by the estate. If he owned the patent...Read more »
If you really think you have something that would be worth licensing, then you should find the money to get a non-provisional patent application written and filed. I would suggest filing it with a Track One request and the relevant fee (which may be as low as $1000) in order to get a first Office...Read more »
Beginning in Nov 2003 (approx) I started working with Davison Inventions. I eventually received a prototype of my idea, which I still have to prove that I had this idea and production in the works. We worked on this for quite some time--I have paperwork from Mr Sawyer to 3 different addresses... Read more »
If you are seeking to file a patent application to claim something in a provisional application by some other inventor -- that does not work as you need to be the original inventor. You cannot file a patent application on a good idea that someone else had -- even if they did not seek to claim that...Read more »
It generally takes several days, maybe up to a week (or two, if there is a lot of back and forther between the inventor, attorney, and the drawing person), to put together a patent application. The whole process, from the filing of the application, until you get a patent, will be about 2 to 4...Read more »
I have a gaming/dining table I am marketing with the provisional patent in place. What what be the best moves to make next in terms of trade secrets, non-competition agreements, non-disclosure, copyright, etc.?
You need to get connected with an attorney that has been down this road many times before. You will need a non-disclosure/non-use agreement that is used with folks that are given access to your design.
To the extent that you work with vendors to improve your design, the paperwork needs...Read more »
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.
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)....Read more »
I have made an invention that can simply be completed by altering any type of table; end result being a what I'd term as an improvement on dining and gaming tables. I did not invent dining, gaming, or the combination of the two. However, I did invent without using any prior as inspiration,... Read more »
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...Read more »
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