lapsed due to non-payment of fees or failure to respond to the patent office, does the new filing have to answer claims made by previous, lapsed patents? Is the new filing beholding to the lapsed patents in any way?
If a patent or patent application has been abandoned, then you don't have to worry about infringing it - nothing you do now would infringe. If the abandonment happened recently, you'll want to figure out whether the applicant still has a chance to revive or appeal, and keep an eye on it....Read more »
Hi. I have a question about intellectual property and copyright. If I’ve written a book, how do I know if my book title is taken or if it’s too similar to other book titles? For example could I title it “The Adventures of Ozzy, the Big Blue Dog” or would that be in violation of the... Read more »
The short answer is that it depends on how litigious the rights holders would be. Based solely on the information in this this hypothetical, your risk of infringement would be low. That said, characters are subject to copyright protection so an A-to-B comparison of the character(s) would need to...Read more »
There are a lot of unknown facts in your question/scenario which require review of existing documents ( the Company documents -Bylaws or Operating Agreement / Buy-sell / your loans to Company) (the Assignment of patent rights) and possibly some research regarding registration of the patents and the...Read more »
Generally, to determine if a patent can limit the activities of others there would need to be a determination of the following: (a) if the patent in question is still active; (b) an interpretation of the claims of the patent -- analyzing what is actually covered -- and if the potential actions will...Read more »
Your new work may be considered a derivative work of the original song. A derivative work uses some or all of the original work and adds new elements. The copyright owner has the exclusive right to make derivative works. Therefore, if you made a derivative work without permission it could be...Read more »
I am in the process of establishing a partnership with another company. A new company was to be formed in which the two services (software) would be combined to create one company/service. The other party signed an NDA, I then sent a proposal suggesting the merger or creation of a new company. I... Read more »
A good place to start is to look at patents for analogous products. That will help you understand what is already patented and how much effort it takes to secure a patent. My slides at http://bit.ly/Patent_Searching will give you some tips on patent searching using free tools.
If someone else filed for that second patent, I would argue that given my patent, that the second patent is obvious but it really isn't that obvious and I want to be the one to file before someone else does. An analogous example: Think of the old power line communications technology where... Read more »
Patent 1 is for an invention, patent 2 is an improvement to that invention. You can file an application to patent 2 as a CIP of the first application, or you can add a TD in the second filing, etc. Talk to your patent attorney more about this.
If you mean by "take" that you can pursue the patent process and obtain an issued patent and preclude others from practicing the invention. The answer is no as you were not the first to invent whatever is in the abandoned patent.
Because of my work requiring me to travel and numerous floods in my home town at the time I forgot to pay the final maintenance fee and therefore the patent expired. Although I beleive the time limit has expired are will expire soon anyway I would like to revive it and also have questions about... Read more »
My colleague and I were responsible for 100% of the technical data and research for patent application and were inexplicably excluded by other colleague when he refiled secretly. We never assigned our rights and wish to contest right of ownership.
Can you advise me who we should contact at... Read more »
The starting point is the claims. This patent has one independent claim and several dependent claims. Then you use the rest of the patent as a dictionary to inform your understanding of the words in the claims.
1. A disposal unit for discarded smoking products comprising:
let my daughter visit her father in PA. He's been stalling with her for 2 weeks now to find out he filed for custody and for emergency petition. I have legal custody of her. He never established paternity and denied me every time I ask him to. I have a paternity petition going in my state... Read more »
I can pay for a patent on my credit card, but I understand there are more expenses involved in marketing intellectual property. I need pro bono help if it is available. The USPTO mentions a Nationwide Pro Bono program for inventors, but the link took me to pro bono help for the arts in... Read more »
Since patent law is a federal law, you do not need a PA attorney to assist you to prosecute your patent application or similar matters in front of USPTO. However, if your patent case is in litigation, regardless in state court or federal district court in PA, you will need a PA licensed attorney to...Read more »
Talk to a patent litigation lawyer about patent enforcement rights and options.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work...Read more »
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