I am launching my first product. However, my competitors have patents but I am thinking to change the design not function. Would my competitors' patents be infringed? Is it possible to get a patent for my product? Thank you!
This is a very difficult and complicated question. A non-provisional patent generally covers the function of an item whereas a design patent covers the ornamental look of a product but not its function. You can still infringe on A patent by changing its design if your new product “reads on”...Read more »
Whenever you want to start producing and marketing products that are not commonplace or have not been around for a long time (i.e. 20+ years), yeah, you should contact a patent attorney about this. The patent attorney will give you options for you to pursue.
Your question is actually beyond the pure practice of acquiring patents. This is licensing (a form of contracts) and you should hire competent counsel that has negotiated a number of patent licenses. I would be leery of putting up money as you don't know if they will earn it. You may want...Read more »
My father transfered a property to my mother through a special warranty deed that my grandmother had originally transfered to both of them through a warranty with vendor's lien but prior to this in '72 one half of the interest was transferred by a quitclaim deed to my grandmother while... Read more »
We have disclosed this patented process to a large company under NDA (1 year term). We have several meetings with them, and they were very interested. At some point they broke off all talks with us, and we know that they are working on this technology evaluation and further testing in house but... Read more »
Your situation is serious and not one for freebie answers on a service like Justia. My only advice is that you need to consult with an attorney with relevant skills ASAP. As food for thought to help you get ready for that meeting, here are some things to think about. My suggestions are not...Read more »
That is not how patents work. They do not have a patent on "the Iphone" . They have patents on very specific features that can be used on a mobile phone. They likely have lots of other patents. Unless you have all the required nouns and verbs in an independent claim of a patent that...Read more »
I am going to assume that your fact pattern is that you invented a new nanomaterial and communicated details about this new material to a person in the US. That person has subsequently filed a patent application which you have seen as it has published.
This tool might be helpful. Just as you record your ownership of a house with the local county records department, you record the movement of patent rights from an inventor into a company. If you know the name of the company you invested in, you can look for that company name as the assignee in...Read more »
Step 1 -- you can pull up issued patents with class 706/12 using the USPTO search tools. http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&u=%2Fnetahtml%2FPTO%2Fsearch-adv.htm&r=0&p=1&f=S&l=50&Query=ccl%2F706%2F12%0D%0A&d=PTXT (Long URL as I...Read more »
First, the concept of being an inventor is not directly related to the percentage of work by the various members on the team. I have filed patents where team members that did much of the modeling, documentation, testing, and even optimizing of a design did not get named as a co-inventor as they...Read more »
Wow -- there are a hundred things and you need not wait until you have your patent issued to start on them. You can start on some activities by reaching out to vendors using a Non-Disclosure Agreement before filing the patent application. The toughest issue for many entrepreneurs is working out a...Read more »
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