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 »
answered on Mar 2, 2022
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 »
Is the patent worthless?
answered on Jan 27, 2022
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 »
answered on Jan 25, 2022
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 »
One of the people on the patent seems to be doing negotiatining with the said invention with out conferring the other name on the patent.
answered on Aug 12, 2021
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 »
answered on Dec 16, 2020
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 »
answered on Jun 26, 2019
Patent rights are property rights and pass under state laws just as any other type of rights, such as ownership of a house or a car.
You can contact a trust & estate attorney in Maryland for how the relevant laws would apply in this situation.
I hope that this helps.
Kevin E Flynn
The person holding the patent has never brought the product to market. My design is different but the idea is the same.
answered on Feb 27, 2019
You can't. You can't patent something that you did not invent. And you can't patent something that is already available to the public.
Now, if you have an invention that is sufficiently different from, or an improvement over, an existing product, then you should be able to... Read more »
Our Product forms part of this industry's essential component with cost saving benefits. Their monopoly supplier American Containers 50m units pa could be interested?
answered on Oct 15, 2018
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 »
answered on Oct 5, 2018
Over 130 thousand. Yes, there are a lot of patents that claim lasers or the use of lasers.
answered on Oct 2, 2018
There is not a process for the United States Patent Office to provide compensation to widows of patent inventors.
Patent US5681475 was filed back in 1995 and is listed as expired. So unless there was an agreement with an assignee of the patent to share money with the inventors that has... 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 »
answered on Jul 10, 2018
It is very serious to accuse someone of stealing an idea. It does happen but you need to have your facts all lined up.
As your fact pattern did not include that you obtained a patent, you cannot sue for patent infringement. (yet).
You need to take all the relevant documents to... Read more »
Patent #7,998,476 B2
answered on May 30, 2018
PAIR shows this case as alive and the fees were paid at 3.5 years so next fee window opens 8/16/2018.
I hope this helps.
Kevin E Flynn
answered on May 28, 2018
Here is a helpful resource: https://www.uspto.gov/patents-maintaining-patent/maintain-your-patent
The specification for the new application does not mention the concept on which the claim is based.
The old provisional application was authored by the same person as the new application.
The new application is based upon first to invent.
answered on Mar 14, 2018
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 »
answered on Jan 26, 2018
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.?
answered on Nov 28, 2017
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 »
I have a new and useful process to patent.
answered on Nov 25, 2017
There are three types of patents in the US:
design patents (on the ornamental appearance of something), and
The latter is the most common so people frequently say patent rather than utility patent. Within utility patents, the... Read more »
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... Read more »
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).... 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 »
answered on Nov 18, 2017
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... 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.