Get free answers to your Patents (Intellectual Property) legal questions from lawyers in your area.
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I would like to patent an energy drink recipe but in a broad sense to protect or mitigate against companies with more capital just running me over and imitating it. How do I find patent but ensure I'm not overlapping someone else's already?
answered on Oct 20, 2023
I have recently had quite a few potential clients with this sort of question and I have not been able to recomend any of them go ahead. First ou are faced with a couple of thousand years of prior art. Secondly the obviousnes standards for combining known ingredients are not high. I have had success... View More 
Question answered: patent # US 7,354,399 B2 has patent date April 8, 2008, so expiration date is April 8, 2028.
answered on Oct 19, 2023
US664884
That's Method and apparatus for determining hemodialysis parameters.
1998-01-07
Application filed by Fresenius Medical Care North America
1998-01-07
Priority to US09/003,798
2003-11-18
Publication of US6648845B1... View More
Different manufacturers knife handle that has a separate patent be infringing?
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answered on Oct 23, 2023
Patent infringement occurs when someone makes, uses, sells, or offers to sell a patented invention without the patent owner's permission. If the knife blade is only similar in shape but has a different ornamentation, it might not infringe on the original patent, provided the ornamentation is... View More
Different manufacturers knife handle that has a separate patent be infringing?
answered on Oct 19, 2023
There is nothing to prevent you from combining two or more elements from different patents to produce somethin novel and patentable. However the product needs to be novel and non-obvious.
On the other hand if your question is whether ou would be infringing if you took a patentad product,... View More
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answered on Oct 23, 2023
If you're looking to preserve an original patent that went to the appeals court, you'll need to ensure that it's properly documented and stored in a safe location. If the appeals court issued a decision in November 2021, it would be prudent to maintain a certified copy of that... View More
answered on Oct 19, 2023
Abandoned patent applications can usually be revived, but only if abandonment was "unintentional".
Once your application has been rejected by the PTAB, you can do one of a number of things:
1) Request a Rehearing within 2 months of the decision
2) file an RCE... View More
I want to make and design a specific credit card that works for “certain” (ill be. More specific on what that is when i start talking to a lawyer) purchases where the user get points/cash back a purchases in this specific category. I want to patent an MCC (merchant category codes) along with... View More
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answered on Oct 15, 2023
If you're aiming to patent a credit card concept based on a specific MCC usage, there are a few things to consider. First, remember that to be patentable, your idea must be novel, non-obvious, and useful. While the concept of rewards or cash back on credit cards isn't new, your specific... View More
I want to make and design a specific credit card that works for “certain” (ill be. More specific on what that is when i start talking to a lawyer) purchases where the user get points/cash back a purchases in this specific category. I want to patent an MCC (merchant category codes) along with... View More
answered on Oct 19, 2023
Theoretically there is no reason why your method of using an MCC could not be patentable. But of course it has to be novel and non-obvious. These are legal standards and you need a patent attorney to determine this. Because the process would involve a considerable investment, you would be wise to... View More
I purchased a product from China that is similar to a patented product. I would like to know if I can sell this product legally in the US or not. The product I purchased I currently have in my inventory, and does not make an attempt to be a knock-off or counterfeit to the product that has the... View More
answered on Oct 18, 2023
A patent gives its owner the right to exclude others from making, using, or selling the patented invention. Therefore, if you obtained your product from someone other than an owner or licensee of the patent, you cannot legally sell the product without infringing the patent. This assumes that the... View More
I purchased a product from China that is similar to a patented product. I would like to know if I can sell this product legally in the US or not. The product I purchased I currently have in my inventory, and does not make an attempt to be a knock-off or counterfeit to the product that has the... View More
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answered on Oct 15, 2023
Selling a product in the U.S. that infringes on an existing U.S. patent can expose you to legal liability, even if the product was legally purchased and imported from another country. The key question is whether the product you imported actually infringes on the patent in question. The fact that... View More
I purchased a product from China that is similar to a patented product. I would like to know if I can sell this product legally in the US or not. The product I purchased I currently have in my inventory, and does not make an attempt to be a knock-off or counterfeit to the product that has the... View More
answered on Oct 18, 2023
Good question.
The product that is "similar to a patented product" does not necessarily infringe on the ISSUED CLAIMS of the patent. First, compare the product and the claims side-by-side. Read each claim element (limitation) and try to identify it in the product. If your... View More
if not, is there a way to see those pending demands? i used to follow a patent on the patent center but now that they are at this stage, im falling behind.
thanks
answered on Oct 20, 2023
As far as I know the FDA doesn't disclose pending 510(k) applications.
It allows you to search for
- Recently Approved Devices
- Premarket Notification [510(k)] and
- Premarket Approval (PMA) decisions
Look here:... View More
if not, is there a way to see those pending demands? i used to follow a patent on the patent center but now that they are at this stage, im falling behind.
thanks
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answered on Oct 15, 2023
The FDA's public databases primarily display cleared and approved medical devices. For 510(k) clearances, you can search the 510(k) Premarket Notification Database. For approved devices, the PMA (Premarket Approval) database is the place to look. Unfortunately, the FDA does not publicly list... View More
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answered on Oct 15, 2023
Taking over an abandoned trademark requires filing a new application with the United States Patent and Trademark Office (USPTO). The cost is determined by the type of application you file and any associated legal fees. If you're represented by counsel, their fees will vary based on their... View More
Is it needed to apply for provisionals in other prospecting countries to protect your idea?
answered on Oct 19, 2023
Patents are NATIONAL rights, so you need to have a patent in every country where you want enforcement rights. A provisional patent application (there is no such thing as a "provisional patent") will give you 12 months to file a non-provisional application. It (almost) does not matter... View More
Is it needed to apply for provisionals in other prospecting countries to protect your idea?
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answered on Oct 15, 2023
In the United States, a provisional patent application only provides protection within the U.S. and does not grant rights internationally. To secure protection in other countries, you would need to file patent applications in each of those countries or through international patent systems such as... View More
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answered on Oct 15, 2023
If you're looking to find the law firm responsible for drafting a particular patent, start by examining the patent's face page. Often, the patent attorneys or agents responsible for the application are listed there. If that doesn't provide the information, you can check the United... View More
answered on Oct 12, 2023
The name of the firm that is on the issued patent is not always the firm that wrote the patent application as sometimes the patent application moves from one firm to another during the time that the application is pending (such as when a company is sold or even when just the patent application is... View More
Patent had expired - do i have any recourse? knock off identical to my product. Global making it in China now Uline in the united states.
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answered on Oct 10, 2023
Once a patent expires, others have the legal right to manufacture, sell, or use the previously patented invention. If the patent for your product has expired, Uline and Global Industrial are generally within their rights to produce and sell the product without infringement. However, if they are... View More
So in 2018, the Trump Admin attacked me in a federal lab in Pittsburgh. I had to flee. Then my house was raided by a SWAT team. I fled into hiding in Amish country Ohio. Then the Trump Admin disguised my patented technology as a non-patented technology and gave it to Saudi Aramco and the... View More
answered on Sep 25, 2023
I am sorry to hear about your tribulations, but regarding the patent: you do not own the patent. You assigned your rights to the invention to the Deparment of Energy in December 2012, after the patent application was filed but before the patent issued.
It is not your patent, and the DoE... View More
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