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 »
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 »
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.
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 »
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 »
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 »
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 »
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...Read more »
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.
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 »
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?
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 »
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 »
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 »
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 »
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 »
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 »
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?
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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