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Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Pennsylvania on
Q: Book Title

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 »

Timothy John Billick
Timothy John Billick answered on Sep 26, 2020

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 »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Does the patent, #8,402,728, protect the fingers, or is it in combination of the other design elements?
Timothy John Billick
Timothy John Billick answered on Sep 26, 2020

US Pat. No. 8,402,728 a utility patent that covers what is described in the written claims at the conclusion of the patent. While the figures are highly relevant and instructive in determining the scope of the protection, you need to carefully read the claims to determine the scope. Claim 1 is the... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: How many times it take for a Patent to be "free" when it is not exploited?
Timothy John Billick
Timothy John Billick answered on Sep 26, 2020

You should clarify your question. The patent remains enforceable for its entire life. Absent unique circumstances, this is generally 20 years from the earliest filing date from which the patent claims priority. Feel free to reach out to me with further questions.

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1 Answer | Asked in Patents (Intellectual Property) on
Q: How to respond to an objection to the specification in an Office Action.

The background section in the specification cites some patent and non-patent publications, which were submitted in an IDS and considered by the examiner. However, Office Action rejects the specification by stating "It is noted that applicant appears to have furnished a version of these... Read more »

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Sep 25, 2020

It sounds like the examiner is requesting that the applicant remove prior art citations from the specification in view of the IDS. I suggest that you request a phone interview with the examiner to discuss this and possibly othe rejections, so that your next response may put the application in... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Does this patent also forbid companies in Europe to create MagLev doors? How long will this patent be valid?

Company in the Netherlands that wants to produce maglev doors

Kevin E. Flynn
Kevin E. Flynn answered on Sep 22, 2020

First, let me applaud your desire to avoid infringement of patent rights. It is smart to be careful about impinging on the rights of others.

To answer your question, someone would need to look and see what relevant patents are issued in Europe. Not every company seeks patent protection...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: How to file patent for mathematical theoretical invention
Stephen Kontos
Stephen Kontos answered on Sep 18, 2020

Like all abstract ideas, mathematical formulas are not eligible for patenting in the United States. If you invented a product that uses the mathematical formula, it might be eligible for patenting so long as you can meet additional legal thresholds. My recommendation is to consult with a patent... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: When there are 2 entities under Assignee, for example "X, Y" Can X use the patent independently from Y or needs agrment
Stephen Kontos
Stephen Kontos answered on Sep 18, 2020

It depends on the agreement between the entities. Unfortunately, there's no way to know what each entity is permitted to do based on the text printed on the first page of the patent. For example, if the patent was sold, the Assignees listed on the front page would not be updated to reflect the... Read more »

2 Answers | Asked in Patents (Intellectual Property) on
Q: What is the difference between inventor and assignee in terms of rights with a patent
Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Sep 17, 2020

Ownership.

The inventor is the original "owner" of the patent application/patent unless or until the inventor "assigns" (sells, gives, etc.) his or her rights in the patent to an assignee. Except for some unusual situations, the inventor listed on a patent never...
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1 Answer | Asked in Copyright and Patents (Intellectual Property) for Ohio on
Q: Copyright infringement and Patents

If I design a device similar to Patent number: 9033760 but not a direct copy and is a DIY project. Where the purchaser receives 3d files to 3d print the pieces and assemble the system themselves.

Kevin E. Flynn
Kevin E. Flynn answered on Sep 16, 2020

Let's assume that what you send in your files allows users to use 3D printers to create all the pieces needed to make what is in claim 1 of the cited patent.

1. An interchangeable, modular display system for miniature models used in wargaming, comprising:

a display panel...
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1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: is patent # 6530731expired? if not when does it? Thank you
Stephen Kontos
Stephen Kontos answered on Sep 16, 2020

Google Patents shows that the patent you indicated has not expired. The expiration date shown in Google Patents may or may not be accurate. Confirming the expiration date will require some investigation. You should consult with a patent lawyer to be sure.

Also, keep in mind that there are...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: Are Justia Patents different then USTPO and if they are different, in what regard are they different? officially etc.
Kevin E. Flynn
Kevin E. Flynn answered on Sep 15, 2020

Justia does not grant patents. Justia, like Google and other sites, provides ways for people to look at United States patents.

Each search tool will have some advantages and some disadvantages compared to other search tools. I have not used the Justia tool. The Google tool and the...
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1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Probate for Pennsylvania on
Q: Disposition of valuable patents following death of inventor no probate filed-how to proceed-discover commercial uses?

Need advice re Highly valuable international energy saving patents authored by recently deceased inventor and assigned to small Pa. company in which I hold shares and from which I am owed $.

No will or probate action I can find. Death in early 2020. Processes now being used by Morton... Read more »

Michael Cherewka
Michael Cherewka answered on Sep 14, 2020

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 »

2 Answers | Asked in Patents (Intellectual Property) for Oregon on
Q: Have an idea for an athletic footwear design that I believe is unique and functional. Has it been patented?

How much should I plan on spending to learn if this idea is, in fact, unique? Whom should I contact? Patent attorneys? How much money should I anticipate spending to create a patent as to protect my idea before I present it to major manufacturers?

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Sep 12, 2020

A patent attorney can do a patentability search to determine if your fotware is novel and non-obvious. If the search shows that your footware design is novel, the patent attorney should prepare and file a patent application for your invention. Once the application is filed, you may talk to... Read more »

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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: Can I patent a similar product that’s on the market that has a different feature that makes it unique??
Kevin E. Flynn
Kevin E. Flynn answered on Sep 9, 2020

Yes you can. The telephone was first patented more than 100 years ago and people are still patenting improvements.

It is important to distinguish between patentability (the ability to get a new patent) and freedom-to-operate (the ability to make and sell your product in light of earlier...
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Q: I have an organizing system that would complement box legend clothes organizer. I would like to sell the idea.

I would like to sell the idea to the patent owner of box legend clothes organizer.

Kevin E. Flynn
Kevin E. Flynn answered on Sep 7, 2020

Congratulations on having a good idea. You may be able to make and sell this as an aftermarket enhancement for installed systems. That is one route and a route that does not require buy-in from the BoxLegend folks. You may wish to obtain a patent so that others do not make a similar product.... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: Are the drawings in a patent also public domain when a patent is expired, or is there a copyright attached limiting use?

I'd like to print and sell drawings from expired patents as art pieces. Is this legal?

Kathryn Perales
Kathryn Perales answered on Sep 3, 2020

Drawings included in a published patent application are in the public domain, under long standing US law. In the unlikely event that a copyright notice is included on the patent drawing in the patent application, you should look twice. But, in most cases you can do whatever you want with... Read more »

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1 Answer | Asked in DUI / DWI, Gov & Administrative Law and Patents (Intellectual Property) for Tennessee on
Q: According to court system and my MVR I HAVE COMPLETED ALL REQUIREMENTS REPORT STATES DL privilege Reinstated 2.19.20

Ppl at dmv will not allow me to take test, without interlocking device. Last conviction 9.15.11 no where it shows this is required. Judge n commissioner say I’m clear n go test???

Anthony M. Avery
Anthony M. Avery answered on Sep 3, 2020

Not sure of your problem. But you need to try to get the License at another DOS facility. Otherwise you will need a very competent, and expensive, attorney to file an administrative action. That action could take at least a year, prior to appeals. Getting a blow meter for a little while... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: THis company Simple Wishes seems to have patents on a pumping/nursing bra, yet so many companies make these??

I just don't understand how they can have a patent for something that multiple other companies make and sell?

Kevin E. Flynn
Kevin E. Flynn answered on Sep 3, 2020

Many companies have patents on aspects of how a laptop computer works. Many companies make laptops. Some have licenses from other companies to use certain patents.

Frequently a patent covers claims for a particular improvement to a product. That patent issues and only those with legal...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: Hi team,Is there a difference between a patent with Amazon of a patent in the USA? Are they 2 different patents?

I own a patent in New Zealand. I want to own a patent in China and USA and UK. I want to sell via Amazon as a seller. I'm of the understanding that Amazon can arrange a patent for me BUT I remain confused as to whether this is a 'special patent for Amazon's own platform' OR... Read more »

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Sep 2, 2020

When did you file your patent application in New Zealand? If it is less than one year ago, you can file a Patent Cooperation Treaty application, and from there national stages in the United States and China. You should file on your own and not let Amazon appropriate your intellectual property... Read more »

Q: What type of lawyer(s) do I need?

Hello there,

I am designing a skin product which will require taking sand/minerals from overseas beaches and bringing it into Australia. My lawyer will also need extensive knowledge of product/testing laws. What type of lawyer(s) do I need?

Thank you kindly.

Tim Akpinar
Tim Akpinar answered on Sep 1, 2020

You might want to speak to several different types of lawyers. If you intent to operate as an entity other than a sole individual, you could speak to a business formation attorney as to what types of corporate structures are available. You could look into what types of attorneys handle legal issues... Read more »

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