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.
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... Read more »
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.
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.
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... Read more »
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...Read more »
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...Read more »
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?
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...Read more »
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... Read more »
Do you have a patent application filed for the idea? If you receive an issued patent on your idea in the United States, then Kraft and everyone else will be subject to a law suit from you if they use in the United States the specific idea covered by one or more claims in your issued patent....Read more »
If your father had rights to the patent (i.e., he did not assign it to his employer, or he has not otherwise sold it or licensed it), then you should treat the patent the same as any other personal property.
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.