Ask a Question

Get free answers to your Patents (Intellectual Property) legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Utah Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Utah on
Q: I have a patent assignee who failed to pay the maintenance fees. Do I have any recourse to reclaim abandoned IP?

Can I petition the patent office, pay the fees, and recapture the abandoned patent (for lack of fee payment) ? Are there other remedies? I am the inventor of over 25 US patents. I filed the last patent application pro se. It was granted without questions from the examiners.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 11, 2024

Regaining patent rights after the assignee has failed to pay maintenance fees can be challenging, but there are a few potential avenues to explore:

1. Petition to Accept Delayed Payment: If the maintenance fee payment window has not been closed for too long (usually within 24 months of the...
View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Utah on
Q: how are people able to sell a product even though it has a patent design?

Lot of people are selling different versions of a selfie stick, how are they able to even though there is a patent?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024

When a product like a selfie stick has a patent, it means that the original inventor has exclusive rights to make, use, or sell the invention for a certain period. However, people can sell different versions of a patented product by ensuring their versions do not infringe on the specific claims of... View More

View More Answers

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Utah on
Q: how are people able to sell a product even though it has a patent design?

Lot of people are selling different versions of a selfie stick, how are they able to even though there is a patent?

Peter D. Mlynek
Peter D. Mlynek
answered on Feb 24, 2024

I do not know what patents cover selfie sticks, but generally when someone says that they have a patent for product, they typically have a patent on only certain kind of a product.

So, for hypothetically, a "selfie stick patent" may claim a selfie stick that attaches the camera...
View More

View More Answers

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Utah on
Q: Is there a patent for a Helmet in a baseball cap?
Stephen E. Zweig
Stephen E. Zweig pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2023

One good way to research this is to use patents.google.com, type in various relevant keywords, and see what you find. For example, try: https://patents.google.com/?q=helmet+baseball+cap&oq=helmet+in+baseball+cap and various other variations.

1 Answer | Asked in Patents (Intellectual Property) for Utah on
Q: Does Keekaroo have a patent for their peanut changer?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2023

For accurate and up-to-date information, it's recommended to directly search the USPTO database or engage a professional who can provide detailed insights into the patent status of this particular product.

Q: How can I find patents filed on my truck?

I have good reason to believe my truck was modified for patents

Omar Darwich
Omar Darwich
answered on Jul 7, 2021

You could consult with an attorney.

To be clear you believe your truck had aftermarket parts installed in order to somehow get a patent on the truck?

1 Answer | Asked in Patents (Intellectual Property), Consumer Law, Copyright and Products Liability for Utah on
Q: How to I find patents filed on work research and modifications done on my truck? Is there an application?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 3, 2021

Check google patents.

If the patent has not published or granted it won't be found.

Consult with an attorney.

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Utah on
Q: If I were to market/sell a caffeine free energy substitute using a pouch delivery system would that be against patent?

I understand there are many products that use saliva based delivery (pouch) methods. Are all of these required to gain permission or establish patents to market and sell these types of products?

Thank you

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 2, 2021

depends

consult with an attorney

you would need to look and see if there are any patents associated with that in the jurisdiction where you plan to make, sell or import

1 Answer | Asked in Patents (Intellectual Property) for Utah on
Q: How do I contact someone to try to buy patent

I want to contact someone named Eric Johnson to ask if I can buy one of his patents

Timothy John Billick
Timothy John Billick
answered on Oct 4, 2020

You should consult a patent attorney to discuss potential sale/assignment/licensing of a patent. There may be publicly available pieces of information that can point to the correct contact information for an inventor, and a patent attorney will help craft a contract to protect your best interests... View More

1 Answer | Asked in Patents (Intellectual Property) for Utah on
Q: A guy says I’m infringing on his patent but I don’t believe I am. I also don’t want to go to court over it.

I looked up his patent and it is for something different but one piece could be in his patent? Not sure where to go from here.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Feb 20, 2020

Step one is you need to work with a patent attorney to dive deeply into the patent and make a detailed comparison of the independent claims to your product. This is often called a claim chart and this work is called clearance or freedom-to-operate analysis.

If you clearly do not have one...
View More

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Utah on
Q: Can I propogate succulents for fun and to earn a little extra cash?

I have been wanting to propogate succulents for the experiment and fun of it. I also hoped to sell any babies that might be successful for some extra money. However while I did some research I learned that their where certain patent laws that made it illegal for some succulents. What succulents am... View More

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Aug 13, 2019

This is a very nuanced area of law. I do not even dabble in this area. I thought I could provide some self-help resources though.

If you are wondering whether a type of plant has been patented, you will need to search the patent databases for whether the patent has been registered....
View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Utah on
Q: My dad invented insta fire and on most of the the patent abstracts his name is changed not only the he named him produc

Pantent #6093224 inventer Gary T Jones

Griffin Klema
Griffin Klema
answered on Nov 14, 2018

It is not clear what your question is (maybe you submitted the form before typing the full question?). The USPTO shows "Gary T. Jones" as the first named inventor on U.S. patent no. 6,093,224. The abstract for that patent does not include any names.

2 Answers | Asked in Patents (Intellectual Property) for Utah on
Q: My legal name changed. Is it possible to make this change in my published patents ?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Sep 21, 2018

I am posting the answer here in case others have the same question. I am not aware of a way to update the name of an inventor on an issued patent. It does not seem to be a good fit for a certificate of correction as there was not an error to correct.

To the extent that you are an...
View More

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for Utah on
Q: I am wanting to sell a product that has a patent in the United states but the thing is this same product has been made

in China for several years and has been sold throughout the world for several years before this patent was issued in the United States. Would I be able to sell this product even though there is a patent in the United States? If I could prove that the product already existed and was being sold... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Jul 14, 2018

The question is not whether the product has been sold before the patent was ISSUED, but whether the product has been sold before the patent was APPLIED FOR. Remember, it takes several years from the application date to the issue date.

But, if you could prove that the product claimed has...
View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Utah on
Q: Would I be able to sell rainbird an idea/ improvement to their original impact pop up sprinkler?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jul 2, 2018

It is possible to sell an idea without a patent or at least a pending application but it is very difficult. Without patent protection, other people will be able to make the same product without paying you so the company that pays you is at a disadvantage unless there was some big advantage to... View More

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Utah on
Q: Can ambulance sound be used/sold as a sound effect, if it was made from scratch

if a sound, like the one used for an ambulance is made from scratch, to be sold as a sound effect, but is not the exact same, would this infringe on copyrights if such a sound were copyrighted? and if it weren't copyrighted could this in anyway break the law?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 10, 2018

I do not see a problem with respect to patents for having an ambulance sound. While there are patents with respect to sirens, most deal with detecting a siren or other sophisticated interactions. https://patents.google.com/?q=siren&oq=siren

Chances are that your process to create a...
View More

2 Answers | Asked in Patents (Intellectual Property) for Utah on
Q: What does it mean that the filing date is in 2014 and the date of patent is in 2018? (E.g. “effective filing date?”)

If so, which is which?

Peter D. Mlynek
Peter D. Mlynek
answered on Mar 24, 2018

The date of the patent is the date at which the patent starts to be enforceable. This is called the "issue date" or "grant date".

The day that you apply for a patent is the "filing date". It takes many months or years from the filing date to the issue date....
View More

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for Utah on
Q: What is the best way to search and see if a product idea that i have is already currently patented?
Peter D. Mlynek
Peter D. Mlynek
answered on Feb 15, 2018

You either have to do a patent search yourself, or hire a patent attorney or a patent searcher to do it for you.

As with anything, obviously someone who does searches for his/her living will do a better job than you can, but many people do searches themselves to do a good enough job for...
View More

1 Answer | Asked in Patents (Intellectual Property) for Utah on
Q: What if a patent has been issued, but the product was never developed, and I want to develop it and sell it?

I am asking about US 7185386 B2 (paint brush with interchangeable bristles). I can find this on the market, but I love the idea. I am an actual painter with a marketing background and I feel capable of selling this product. What can I do? Can a patent be transferred? SHould I contact the patent... View More

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Feb 7, 2018

Step 1 is to ensure that the patent is still in force.

Go to Public PAIR https://portal.uspto.gov/pair/PublicPair Put in the patent number (check the box to switch for patent number rather than patent application). https://portal.uspto.gov/pair/PublicPair

The record shows that...
View More

2 Answers | Asked in Patents (Intellectual Property) for Utah on
Q: What is the best way to search and see of a product ideas that i have is currently already patents?
Peter D. Mlynek
Peter D. Mlynek
answered on Jan 31, 2018

It is not easy. Many people make a living doing patent searches.

One way is to do a keyword search on the USPTO website

http://patft.uspto.gov/netahtml/PTO/search-bool.html

Try various Boolean searches.

One big problem that you will run into is that there are so...
View More

View More Answers

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.