Get free answers to your Patents (Intellectual Property) legal questions from lawyers in your area.
How can this person legally claim to have invented Pickleball? Is there a money involved in this? It’s like if I, an American, claim to invent rice.
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answered on Mar 19, 2024
In general, for someone to claim a patent on a concept, the idea must be new, non-obvious, and useful. If a game has been widely played and known for a long time, it's unlikely that someone could successfully patent the game itself, as it would not meet the criteria for novelty. Patenting... View More 
answered on Mar 29, 2024
Using a trademarked name for your new tech company can be legally complex and potentially risky. Trademarks are protected intellectual property, and using a trademarked name without permission could lead to legal issues, including allegations of trademark infringement.
To determine if you... View More
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answered on Mar 3, 2024
Using a name that is already trademarked in one category for a new company in a different category, such as from entertainment/toys to tech, might be possible, but it depends on several factors. Trademarks are generally sector-specific, meaning that protection typically extends only to the same or... View More
I have an idea for a new application of an existing product. Moreover, I found 2-3 existing patents that are similar concepts but different applications.
Would I be able to get any type of patent?
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answered on Feb 25, 2024
For a product to qualify for a utility patent, it must be novel, non-obvious, and useful. This means your idea must be significantly different from any existing products or patents, offer a new way of doing something, or provide a new technical solution to a problem. The presence of similar... View More
If a product is not marked that it has a patent nor does it say anywhere on the product page, website etc. can the patent owner still file for patent infringement?
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answered on Dec 28, 2023
This is covered by Federal law 35 USC 287.
The law limits the patent holder's ability to recover for past patent infringement damages to the first point in time when the infringer was notified about the patent. By contrast, by marking the product, the infringer is legally assumed to... View More
If a product is not marked that it has a patent nor does it say anywhere on the product page, website etc. can the patent owner still file for patent infringement?
answered on Dec 28, 2023
Yes, the owner of the patent can still sue. There is a rule that if a product has a device patent and does not mark the product with the patent number or a web site with the patent numbers, then the owner forfeits damages up to the point that the notice is given (often the filing of the law suit).... View More
If a product is not marked that it has a patent nor does it say anywhere on the product page, website etc. can the patent owner still file for patent infringement?
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answered on Dec 30, 2023
In the United States, marking a product with its patent number is not a legal requirement, but it can be beneficial. If a product is marked with its patent number, it serves as a public notice of the patent, which can enhance your ability to claim damages in a patent infringement case. However, the... View More
If a product is not marked that it has a patent nor does it say anywhere on the product page, website etc. can the patent owner still file for patent infringement?
answered on Jan 4, 2024
In the U.S., proper marking requires a manufacturer to mark the patented product with the word “Patent” or abbreviation “Pat.” followed by a listing of the applicable patent numbers. The marking should not be concealed, and it should be easy to read.
To virtually mark a product, a... View More
I want to find out if I could use the device to expand on the design and technology in it more so to future proof it and lessen environmental effects on the planet from landfill pollution of electronics.
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answered on Sep 28, 2023
To determine whether there are any current or expired patents related to this device, you should conduct a patent search using the relevant patent databases or consult with a patent attorney who can assist you in obtaining the necessary patent information for your specific purposes.
I want to find out if I could use the device to expand on the design and technology in it more so to future proof it and lessen environmental effects on the planet from landfill pollution of electronics.
answered on Sep 25, 2023
Harman owns many patents. Typically, if someone has one or more patent(s) on a particular product, that product (or its packaging or labeling) will list the patent number somewhere (or else will identify a website that does), because the owner of the patent(s) cannot collect damages for... View More
I discovered a production protocol that worked well with a protein interesting as a biomaterial. I modified protocol and want to patent it. Is it possible?
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answered on Sep 28, 2023
Yes, it is possible to patent a modified protein production protocol, even if it has not been previously used for that specific protein but has applications for others. To be eligible for a patent, the modified protocol should be novel, non-obvious, and adequately described in the patent... View More
I discovered a production protocol that worked well with a protein interesting as a biomaterial. I modified protocol and want to patent it. Is it possible?
answered on Oct 19, 2023
Thank you for your interesting question.
You say "I discovered a production protocol that worked well with a protein interesting as a biomaterial. I modified protocol and want to patent it. Is it possible?"
The important word is MODIFIED.
I would say that if you... View More
I discovered a production protocol that worked well with a protein interesting as a biomaterial. I modified protocol and want to patent it. Is it possible?
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answered on Sep 25, 2023
A lot will depend on whether your modified protocol is legally "obvious" or not. Here, the legal question is if the modification would appear apparent to a person of average skill in the art (here, "average skill" in biotech is Ph.D. level).
If you did something unusual... View More
answered on Aug 22, 2023
It certain instances, it would depend on what type of product it is. There is nothing inherently wrong with using the term "baseball" in a product name. And if the product relates to baseballs, this is a generic term, so no one can stop you from using this term. However, it is possible... View More
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answered on Aug 29, 2023
The term "baseball" is a generic term that describes a well-known sport, so its use in the name of a new product would generally not infringe on anyone's specific trademark rights to that term alone. However, if your product is related to baseball, the name could be deemed... View More
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answered on Mar 11, 2023
Yes, it is possible to obtain a patent for a new prototype for a protective neck gaiter. A patent is a legal right granted by the government to the inventor of a new and useful invention, which provides the inventor with the exclusive right to make, use, and sell the invention for a limited period... View More
I am asking on behalf of someone else. I believe this is a civil case and the defendant has only heard from a friend about the lawsuit who is also a defendant included in the case.
answered on Jan 14, 2023
Your friend should contact a patent litigation lawyer for advice. Not engaging in the lawsuit can have serious, permanent consequences as to the determination of your friend’s rights. It is possible that the process server took all required steps to serve your friend, filed affidavits of service,... View More
I want to patent a new type of musical system. How much is the cost for a lawyer to help with patent search and filling fee?
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answered on Aug 2, 2024
To patent a new type of music system for learning, you would likely need a utility patent. This type of patent covers new and useful inventions or discoveries. It protects the way the system works and its functionality.
The cost of hiring a patent attorney can vary widely. For a patent... View More
What I look up they should section 5-1503 is there
answered on Jan 31, 2023
Often, banks reject valid Powers of Attorney. Have a free telephone consultation with counsel.
Jack
I sold a similar patent expandable bellows (Patent # 11,131,410) product on Amazon and got a complaint. So how do I get permission for this to be legal.
answered on Aug 24, 2022
Dear Mrs or Mr,
in this case you can either contact the patent owner to give you permission (licence) and then forward this agreement to the amazon.
If you think you have been wrongfully accused by the complainant, you can appeal to amazon if your product listing has been removed.... View More
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