Patents Legal Questions

A linking claim could avoid continued restriction or perhaps consolidate a lot of your claims.  However, to link your claims, the linking claim might be too broad to distinguish patentably over the prior art.  You might want to conduct a pretty thorough preliminary prior art search that devotes a fair amount of attention to all the classes you mentioned.  If you do go ahead with a linking claim, take care to negotiate the potential hurdle of satisfying the written description requirement.  If your conclusion is that a satisfactory linking claim cannot be written, elect the group that seems to offer the greatest promise of patentability and greatest commercial potential.  In that case, you can pursue any non-elected group in a divisional patent application that must be filed during the pendency of your current patent application.... Read Answer

Dear Inventor, To be patentable - your mixture of herbs and spices must be (1) new, (2) useful, and (3) not-obvious in view of other such products. First, new - never before made. You should search for other mixtures on the internet - Chinese Medicines are often mixtures like this. Other traditional medicines may be relevant too. Second, useful - it sounds like the mixture is useful. Third, not-obvious - this is the hard one. If others have come close to your mixture, you might be an obvious variation from the earlier work. A patent search (www.uspto.gov) might help you see what is before you. Finally, if you have already sold this or otherwise disclosed it to the public - you only have one year in which to file your patent application.... Read Answer

Fire arms sales are highly regulated. I doubt that any ammunition distributor will sell to someone who isn't licensed to sell ammunition. Furthermore, I doubt the manufacturer will allow you to repackage without some sort of written agreement, especially since the company?s brand and/or trademark is involved. Check with both the manufacturer and your state fire arms authority.... Read Answer

Be distinctive! Business names should stand out from the crowd - not be similar to one already being used. In fact, if too similar, the owner of the first name can sue for "unfair competition" - since customers might confuse your company name with the first company's name - assuming some affiliation between the two entities. Pick a great business name that is yours alone.... Read Answer

This is not a patent question, but here is information from the Mass Court internet site - http://www.mass.gov/courts/selfhelp/small-claims/ : The small claims court is not a separate court, but a special session of the District Court, the Boston Municipal Court or the Housing Court. It is designed to provide a simple, informal and inexpensive option for resolving cases where the amount at issue is $7,000 or less.... Read Answer

Unless you really change the look of the item, you?ll probably want to keep the original label. Clothing design is not copyrightable (or patentable) in most circumstances but certain looks are closely identified with certain designers which may invoke their rights to publicity and the use of their names. On the other hand, if it's just a commercially made item, you can do whatever you want to with it and rebrand it.... Read Answer

There are several ways of getting a patent licensed.  One is to write letters to manufactureres who sell same or similar products.  Another is to try to attract investors.  That usually requires writing a detailed business plan. Still another way is to take the inventoin to invention shows.  Good Luck. ... Read Answer

It might be okay - but you need to review the following IP issues: Patent - is the clothing protected by an active US Design or Utility Patent ? If yes - you may need a license from the patent owner. The patent exhaustion rule says that the patent owner is fully compensated when the item is sold - and you as the new owner can resell the item in its original condition. Changing the item may be patent infringement. Trademark - the clothing likely has a trademark associated with it - and you cannot use that trademark without a license from the owner. Your best option regarding the trademark is to remove original tags from the modified clothing and not mention the original mark in your advertising. Copyright - the first sale of the item is copyright exhaustion - the owner is fully compensated when the item is sold - and you as the new owner can resell the item in its original condition. Changing the item may be copyright infringement - as only the original creator can make a derivative work.... Read Answer

Maybe - to be patentable your invention must pass three tests: (1) Is the invention new? The combination can NEVER have been made before. Do a patent search first. (2) Is the invention obvious? If one essential oil was previously combined with a carrier oil - it may be obvious to combine two or more. Is the effect additive or something surprising? Surprises are often NOT obvious. (3) Is the invention useful ? A cleaning product likely passes this test.... Read Answer

Thank you for the question regarding Business Method Patents.  My firm has experience prosecuting business method patents and would love to assist.  Our Firm's fixed-fee cost $7500 and include all attorney fees, draftsman fees, and USPTO filing fees.  In addition, as we are fixed-fee we do not require a retainer or charge for phone calls.  I look forward to working with you.  Have a great day.... Read Answer

Thank you for the question.  I patent search and opinion letter can vary in price between $1000-1500 based on the technology of the invention. Obviously this range is an estimate and will likely be greater with larger Firms.  Our Firm charges between $800-1200 for a search and opinion letter.  Have a great day.   Respectfully, Andrew Rapacke... Read Answer

Dear Kimberly,   Thank you for the question.  The answer to how much of a different between shape and appearance is enough really depends on whether an "ordinary observer" would view the design as the same.  Now keep in mind the earlier art is from the 1920's so infringment is not an issue.  I would recommend setting up a call to discuss.  Please let me know if you are available for a phone call.  Have a great day.   Sincerely, Andrew    ... Read Answer

Thank you for your question.  The first quetion you need to think about is what type of patent do you need a design patent, a non-provisional utility patent, or a provisional utility patent application.  The cost is vastly differently depending on which application you decide on. Design Patents protect the ornamental design of the invention and not the fucntionality.  Design Patents have a 14 year term and cost $1800 which includes drawing fees and USPTO Filing Fees. Provisional patent Applications provide a 12 month term and will never mature into a patent but act as a placeholder and enable the inventor to place the "patent pending" tag next to the invention.  They cost $2000-2500. Non-Provisional Patent applications have a 20 year terms and cost $5500-7500 depending on the technology of the invention. ... Read Answer

Thank you for the question.  Design Patents are used to protect the ornamental appearance (i.e., design) of the object and not the functionality.  They can be a very valuable tool in building an intellectual property portfolio and with the new decision in Egyptian Goddess a much easier patent to protect.  Our Firm is a fixed-fee patent firm and charge $1800 for each application.  That $1800 cost includes your professional draftsman fees and USPTO filing fees.  In addition, our firm does not require a retainer or charge for phone calls or correspondance duing the application prosecution.  Please see our website www.arapackelaw.com or Youtube videos under rapackelaw for much specific information regarding design patents.  Lastly, please give me a call at any time at (407) 801-9368 if you have any further questions.  I look forward to speaking with you.   Respectfully, Andrew Rapacke... Read Answer

Thank you for the question regarding whether your importing products infringe the patent right of another.  The first place to start is with a prior art search, often called a patentability search to determine any similar art that may disclose the features and elements of your invention.  My recommendation is to seek a patent law firm that handles prosecution matters and knows how to conduct a thorough search and can provide you with a report disclosing similar and relevant prior art.A further consideration is how long you have been using the invention?  If the invention has been disclosed in the public domain for more than 12 months is "barred' from registerability.  A reputable Patent Firm will be able to answer your questions and provide you with an opinion letter for roughly $700-1200.00.  I wish you luck!   Sincerely, Andrew Rapacke The Rapacke Law Group, P.A.... Read Answer

To be patentable - your soup recipe must be (1) new, (2) useful, and (3) not obvious in view of previous soup recipes. An average cost for a utility patent on this type of invention would likely be up to about $5000 (small entity). This would include a search fee, the patent drafting fee, the patent prosecution fees (filing and processing), and the issue fee. See for example US Patent No. 6,713,115 (2004). You can search for soup patents at www.uspto.gov. GOOD LUCK!... Read Answer

The standard for the Patent Office to issue a Patent is the invention must be new, useful, and not obvious over everything that came before it (the prior art). In most cases the typical recipe for a "killer Margarita" or "the best barbeque sauce ever" will not be patentable because the recipe will not be unique enough, typically failing on the non-obviousness requirement. Of course, the only way to know for sure is to understand how the Patent Office reaches its conclusions relating to what can and cannot be patented. It is certainly possible to obtain a patent on a recipe or food item if there is a unique aspect, perhaps if there is something counter-intuitive or a problem (such as shelf life or freshness) is being addressed. The trick will be identifying a uniqueness that is not something one would typically think to try. Good luck and we hope that this helps.... Read Answer

A website as a whole (exclusive of the generic concept of a website on the WW Web) is not an invention and therefore cannot be patented as such. An invention is limited to a Process, Machine, Manufacture, or Composition of Matter. A business method might be patentable, depending on a number of factors. There is no such thing as a worldwide patent, although it is possible to reserve rights to apply for a patent in a large number of jurisdictions (i.e. PCT aka patent cooperation treaty). If you feel sure your combination has substantial value that should cover the expense of investigation and/or applying for a patent, then you should engage a patent attorney to decode this situation for you and help you decide whether your method is patentable and makes economic sense.... Read Answer

It is hard to answer your question without knowing why you did not answer the office action and why you have taken so long to decide to do something about it. Also, have you been using the mark the whole time or was the application and intent to use application and you haven't commenced use of the mark? As you can see this can be a complicated situation and it would be best if you find a trademark attorney to assist you.... Read Answer