My business partner personally holds a patent for a safety product. We are forming an LLC to manufacture and sell the product. Is it necessary (or preferred) for him to assign ownership of the patent to the LLC? Can the LLC license the patent (to other manufacturers) without owning it? Is he... Read more »
I won't give you final answers as this question gets beyond my national patent registration and touches on items related to Texas law. I am licensed in North Carolina and do not hold a state license in Texas.
I will give you some things to discuss with your attorney.
A manufacturer has more than 1800 active patents. The manufacturer produces more than 6000 products. How can I find out if they are patented for a particular item which I want to buy aftermarket brand?
You should look for a patent marking on the product or packaging that the product comes in. Although there is no legal requirement to put patent marking on products, a manufacturer that has so many patents would typically mark the product in order to take advantage of the notice requirement....Read more »
Now my nonprofit organization I've owned since 2007 the name of it is Hurley paranormal out of West Texas and her leaving my last name as a trademark but with these new business cards made 3D and digital is there anyway I can get a patent on that or is they already done this
Is your smart mirror your invention or did you just make small modifications to an existing product? If you made some modifications to an existing product, is that product patented? If so, it is best to consult an attorney, who can review the patented product, and advise you on whether your...Read more »
You need to contact a patent attorney to get this done.
You most likely have two options depending what aspect of the license plate trim you are trying to protect. If you are trying to get coverage for the ornamental design of the trim, then you'll likely need a design patent. If you...Read more »
A patent for a technology I am looking at expired in August after 20 years and it says it was assigned to Bank of America. Does this mean Bank of America now owns the intellectual property or is the IP now open to the public? Would a licensing agreement with Bank of America be required to use this... Read more »
The assignment of a patent to an assignee does not affect the term of a patent. In other words, if the patent is indeed expired, it is now in the public domain. You should make sure that the patent has expired.
It depends on the agreement with the invention company and whether the inventor assigned his or her rights to the invention company. Inventions in the United States are patented under the name of the inventor. But inventorship and ownership are different questions. If the inventor transferred...Read more »
You should consult with an experienced patent lawyer. This is not something you should try on your own. Determining whether you infringe a patent is complicated and best left to professionals. A patent lawyer can help you find the relevant patents in your industry and advise you during product...Read more »
You will need a patent attorney to run a patentability search on your foot cream. If your cream is novel, then the patent attorney can prepare and file the patent application for you with the United States Patent and Trademark Office.
Please call me if you wish to receive more information.
Short answer is that I do not know if whelping cages/boxes with UV lights are covered by a patent. Using UV lights to kill bacteria etc. is fairly well known so I am not sure that I see the inventive twist that would be covered by a patent
You may want to do some preliminary searching...Read more »
You filed a provisional patent application, but you did not file a regular utility application like you were supposed to in order to get patent protection. Your provisional patent application has thus lapsed.
35 USC 101 Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title....Read more »
We are planning to start e commerce business and finalized a product after browsing lots is products on global sourcing. But when we searched same product on amazon it says a patent has been filed on the product - US Utility Patent No. US 9585455 B2. US Design Patent No. USD 821033. Can we... Read more »
Those are granted patent numbers. If you make, use, sell, or offer to sell a product in the United States that is covered by these patents, then you will be infringing. As you know of the patents, they may seek to enhance the damages up to 3x for willful infringement.
My friend and I have come up with an idea that we want to market. It is extremely unique. We have been researching for a few days now to make sure there is nothing like it on the market. We were trying to figure out if we need a patent to manufacture the product to sell or if we need a copyright.... Read more »
It is not clear what your invention is so my answer is going to be somewhat general.
You asked "can we file the paperwork with the U.S. ourselves"? The answer is yes you can. The USPTO allows inventors for file patent applications without the assistance of patent attorneys....Read more »
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