Sorry, but there is really not much that can be done now.

Firstly, patents expire. When a patent expires, the owner is not able to enforce it anymore. Your father's patent, if i issued in 1968, would have expired in 1985.

If the patent expired in 1985, and if someone... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2024

If your father held a patent from 1968 to 1983 and you believe his invention was unfairly used after his passing, it's crucial to understand the specifics of patent laws. Patents typically protect inventions for a limited time, which for many countries is 20 years from the filing date. Since... 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

The product shown in trademark registration number 90185508 for SOLAWAVE appears to be registered as a design patent under D968633 for SKIN TONING DEVICE. Thus, a third party could not simply market an identical product under a different brand name without risking infringement of Solawave's... View More

Generally speaking, "patent" applies to inventions; "trademark" applies to names, taglines, logos, and other things that identify the source of a specific product or service; "copyright" applies to original works of authorship; and "trade secret" applies to... View More

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answered on Apr 2, 2023

Protecting your idea for "Build a Bong" can be done through various means, including filing for a patent or trademark, or keeping it as a trade secret.

If you want to prevent others from making, using, selling or importing your invention, then you may consider applying for a... View More

The question of inventorship is actually a legal question, so ultimately anyone who should legally be listed as an inventor *must* be listed as an inventor. If inventorship is found to be incorrect, the patent itself could be in jeopardy. There are procedures available for making these corrections.... View More

Stephen E. Zweig Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2022

One easy way is to look up the patent at https://patents.google.com/ . Then, for a US patent, put a US in front of the number such as US5857273. Google will fetch the patent and also let you know if it is expired or not (it is).

To get your own patent in the same topic, you will have to... View More

No.

The idea behind a patent is that the inventor discloses the invention, and in turn, the government gives the inventor something of value: the ability to keep others from using the patenting invention for a limited time. After the time runs out, anyone can use that invention.

Sounds like the composition of your projectile is what will be relevant. Dimensions would not seem to be the issue. If you're projectile composition is novel and nonobvious, then you may be able to obtain a utility patent. I'd be happy to discuss.

You should not sell any products that infringe on valid US patents. Figuring out whether or not the product you want to sell infringes on a given patent is sometimes a tricky thing to figure out.

Though I haven't read the patent you're referring to, I think it unlikely that it... View More

Without knowing what patent you're referring to, I can't answer this question fully. However, you can create various search terms around these elements if you utilize Google Patent Search, the USPTO database (PatFT), and the WIPO patent search database (patentscope) to get you in the... View More

This is a very common question. Unfortunately, there is no good answer to it.

You really need to come up with the money to have a patent attorney prepare and file a patent application.

Wow, what a nightmare. I am so sorry that this type of thing happened to you.

Your first patent attorney sounds like he did not know what he was doing. Typically, one or two meetings are more than sufficient; generally, there is little reason for an in-person meeting anyway. Although... View More

It should have been published by now. Patent applications are generally published 18 months after submission of the application, but in some cases, the applicant can ask that the application not be published.

Because sometimes Google patents and other services are months behind, you need... View More

Take a look at https://patents.google.com/patent/US1788410A/en?oq=US1788410A

There may be other patents in this family but this should get you started. It is hard searching back that far as many of the tools focus on just the last few decades.

I hope this helps.

Kevin E Flynn

There are no easy answers to your question. You need to hire a patent attorney to guide you through this.

A provisional patent application is for a utility patent but one can file a design patent application as a continuation of a utility patent application so there is some small chance that they could end up with a design patent from an initial provisional patent application.

Generally a... View More

Thanks for caring enough about doing the right thing to ask a question. The technical term for what you are asking is called freedom to operate (FTO) or sometimes "clearance". You are asking whether there are concrete legal rights that exist that would impinge on your freedom to operate... View More

A land patent is the highest proof of title over land. It is extremely authoritative. With that said, the laws of the jurisdiction will dictate your ability to use and develop the property. Ownership is only a piece of the puzzle. Your rights to improve the property are still subject to Oregon law.