Virginia Intellectual Property Questions & Answers

Q: How do I file a patent for a potential consumer product and protect my intellectual property?

1 Answer | Asked in Intellectual Property for Virginia on
Answered on Sep 13, 2018
Darrin A. Auito's answer
Contact an experienced patent attorney that is familiar with your technology.

Q: I need to talk to someone about retrieving property?

1 Answer | Asked in Intellectual Property and Real Estate Law for Virginia on
Answered on May 4, 2018
Richard Sternberg's answer
You'll have to give the lawyer much more detail than that, but it is probably best for you not to reveal facts that might be critical to your case in an open, Internet forum where nothing is covered by attorney-client privilege. Try visiting Avvo.com. Plug in "real estate" if the property is land or a home and "intellectual property" if it is some intellectual property. Add the name of your county. Look for well-reviewed lawyers.

Q: What happens if you come across an invention w/status of "abandoned" on the application? Can you move forward with it?

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Virginia on
Answered on Mar 7, 2018
Kevin E. Flynn's answer
If an application is abandoned far enough back that it is not a situation where the response was lost in the mail (and may be revived), then you should check three things.

1) Sometimes when things are not going well, an applicant will file a continuation or a continuation-in-part and continue seeking patent protection under that new serial number. If you look at the application that is abandoned in Public PAIR -- you can check the tab labelled continuity data to see if this has...

Q: how can multiple companies sell sewing tape measures without infringing on a patent?

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Copyright for Virginia on
Answered on Mar 5, 2018
Kevin E. Flynn's answer
There are a few options for how multiple companies sell a product when there is a patent for that product.

1) The patent has expired at the en of its normal term or early for failure to pay a maintenance fee. Once the patent is no longer in effect, companies are free to create a generic product.

2) The companies took a license to a product. This is fairly common with computer equipment where the patent becomes necessary to comply with the standards and then everyone needs to...

Q: Why do I have to view a property before I can rent it?

1 Answer | Asked in Intellectual Property, Real Estate Law and Landlord - Tenant for Virginia on
Answered on Jan 25, 2018
F. Paul Maloof's answer
Generaly, it is important to inspect the premises before you enter into the lease. I think you can waive your rights to inspect the property and just rent it "As Is." This may or may not solve your problem.

Q: If I just created a new invention or concept what's the best way I can protect if I have no money

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Virginia on
Answered on Oct 16, 2017
Peter D. Mlynek's answer
You've asked about an invention, which is covered by patents, but you posted your question under copyrights. Let me answer your question both ways.

COPYRIGHTS

If you are trying to protect something that is copyrightable, then the protection does not cost you anything. If you write an article, or a book, or a movie script, or shoot a movie, and like, then it is copyrighted when you fix in a tangible medium. It used to be that you had to submit it to the Copyright Office, but...

Q: How can I protect my ideas if im dead broke?

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Virginia on
Answered on Oct 11, 2017
Kevin E. Flynn's answer
For a short period of time, you can keep your idea a secret. This may not work forever as others may eventually come to the same solution for the same problem.

There is a pro bono program for inventors run at the United States Patent and Trademark Office. I have not used this program but can get you started with a link to their web page. https://www.uspto.gov/patents-getting-started/using-legal-services/pro-bono/patent-pro-bono-program.

Ideally you find an attorney that can...

Q: Copyright Infringement- What do I do now?

1 Answer | Asked in Copyright and Intellectual Property for Virginia on
Answered on Sep 20, 2017
Benton R Patterson III's answer
The ownership of the copyright to the photographs will depend on your employment arrangement and any applicable contracts. An IP attorney needs to review all the facts and documents to determine who owns the rights to the photograph. In the future, it would be best to have an attorney prepare a contract that clearly defines who has the rights to the photographs.

Q: Can you sue someone homeowners insurance you get hurt on job thier property

2 Answers | Asked in Intellectual Property, Personal Injury and Real Estate Law for Virginia on
Answered on May 1, 2017
Richard Sternberg's answer
You cannot sue their homeowners insurance. If you worked for them as a contractor not covered by workers compensation insurance, you can sue the homeowner or whomever was negligent in causing your injury. If you were covered as an employee by workers compensation, you can file a claim against your employer for workers compensation, which will pay less (medical bills, 2/3 lost wages, and permanency) but will not need to show negligence. Sometimes, you can do both. You need to consult with a...

Q: If I start up a website, can I quote all other websites?......

1 Answer | Asked in Intellectual Property and Internet Law for Virginia on
Answered on Apr 23, 2017
Glenn B. Manishin's answer
The legal concept you are invoking is called "fair use" ad is an exception to copyright. You cannot duplicate a website or its pages but under some circumstances -- which vary depending on the amount, nature and context of use -- use a portion of their content. Attribution or linking is not a defense or sufficient by itself alone. You should seek counsel on this from someone who knows the application of copyright to website "scraping."

Q: I have an idea for a system which can predict a large earthquake. Please let me know how I can find a lawyer willing to

1 Answer | Asked in Copyright and Intellectual Property for Virginia on
Answered on Feb 3, 2017
Will Blackton's answer
You can find a lawyer by contacting the Virginia Bar Association. Here is a link to their referral program: http://www.vba.org/?page=referrals_complaints

Q: I was just wondering how to oppose someone trying to trademark a common phrase. Thank you!

1 Answer | Asked in Intellectual Property for Virginia on
Answered on Nov 7, 2015
Robert Jason De Groot's answer
You have not said what it is you are actually talking about. Start by learning about trademarks. You can learn a lot about them on the internet.

Q: Copyright infringement question

1 Answer | Asked in Intellectual Property for Virginia on
Answered on Nov 3, 2015
Robert Jason De Groot's answer
Have the customers sign a contract which states that you can use what you produce on your website.

Q: How do I find case results for patent infrigement cases in Virginia?

1 Answer | Asked in Intellectual Property for Virginia on
Answered on Dec 17, 2010
Paul Overhauser's answer
Try going here: http://dockets.justia.com/

Select Virgina for the jurisdiction and patent (under intellectual property) for the case "Type." This will show you patent cases that have been filed. Then get a PACER account, and look at the docket reports for various cases.

Paul Overhauser

www.overhauser.com

317 891-1500

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