Colorado Patents Legal Questions

There are several ways you can protect your proprietary interest in your idea. First, understand that you do not need to build an actual physical product to be eligible to apply for a patent.  What you need to have done is to have conceived of the invention and to have worked out the details of the invention so that you can adequately describe how to make and use the invention to a person of ordinary skill in the art to which the invention pertains. If you have developed your idea to that point, you have enough of an invention to evaluate whether your invention is new and non-obvious in light of prior developments in the art.  Many people hire a patent professional (a  registered patent agent or patane attorney) to perform this task.  If a patent search indicates that your invention is new and non-obvious over the prior art, then applying for a patent may be justified. So, even though you have not yet produced a product, your invention may even now be eligible for patenting.  Only an inventor (or someone authorized by the inventor) can claim ownership of the invention claimed in a patent, so certainly patenting will protect your proprietary interest. Second, if you do not apply for a patent now, you can protect the confidential nature of your discovery by requiring those who work with you on the creation of the product, and anyone else to whom ou disclose your invention, to enter into enforceable non-disclosure agreements, binding them not to use or disclose your proprietary information without your express consent.  An intellectual property attorney can draft up a good template agreement for you to use for this purpose. As I do for anyone whose business depends on their intellectual property, I recomend that you engage the services of a patent professional to provide you guidance in this matter.  Many patent professionals (myself included) provide an initial consultation at no charge.  A registration to practice patent law is a nationwide license, so you are not limited to hiring only counsel in your local area. If you are interested in obtaining a free, no obligation initial consultation on this matter, please contact me at 425-533-6132 at your convenience. Anthony Claiborne... Read Answer

No.  A creative work like a character image from a video game is considered copyrighted the moment it is created. Copying it without a license or fair use rights onto any article is infringement of the copyright. There may be peculiar circumstances that would give rise to a legal argument permitting you to do this, but it would require a thorough review of all of the facts in the matter by experienced counsel to find such an argument. I feel like XXX is Nintendo in this situation.... Read Answer

I am unaware of any band ever being sued for adopting the same name as the title of a song. Titles of books, songs, poems, movies, etc. are rarely given any more than the slightest of protections. Cover bands regularly adopt names that play on the titles of songs without paying royalties for use of those names. Depending on how well that song title is known, I'd be more worried about being mistaken for a cover band than fear of future litigation.... Read Answer

The owner (first party) of property can license that property.  The receiver of the license is called the Licensee (second party).  If the License permits, the Licensee can license some or all of its rights to a third party.  That license is called a Sublicense and the third party is the Sublicensee. Another way to think of it is comparing it to a building. The building may have a main floor, a basement, and a sub-basement. Those levels would be comparable to an owner, a Licensee, and a Sublicensee. In contract jargon, the third party is often the party that is not executing the contract. So in the License, the sublicensee is not an executor of the contract and will be referenced as a third party. In the sublicense, the owner does not typically sign the agreement and is thus referenced as the third party. Therefore, the first/second/third party terms can be transitory and framed according to the agreement.... Read Answer

Look no further my firm and I are at your service. Best way is to evaluate a patent attorney is to set an appointment to talk to him - then get references and then fall back onto your own gut instincts. Ask if there is a charge for the initial consult - if there is then I would steer clear of them.... Read Answer

First of all, there is no such thing as a provisional patent, only a provisional patent application which must be converted into a regular non-provisional patent application within one year of its filing date or it simply dies with no rights having been obtained. At the time of filing the non-provisional patent application, you could add the improvements.  However, you should probably consider registering the code with the Copyright Office. I suggest that you contact an intellectual property law attorney who can review everything and advise you how best to proceed.... Read Answer

The cost of a patent search varies. I've seen them cost $1,000 and up. I am currently offering a basic patent search for $250 and a more extensive patent search including analysis and written opinion for $495. Contact me if you are interested learning more about what each of these includes. Thank you... Read Answer

The costs are determined by a few things. The field of art is the major determining factor - generally software patents are more time consuming and harder to write than say a simple mechanical toy. The cost to draft a utility application can range from approximately $4,000 to greater than $20,000 depending on the complexity. The number of drawings needed also determine the cost (unless the client is supplying their own drawings) If a search is needed, it also can drive the cost up.... Read Answer

On www.USPTO.gov, there are links for patent searches. You can search through both issued and published pending applications. Try the basic search and put in various keywords that would be used in a patent describing your invention. You can also try patents.google.com or even just a plain Google search. Depending on the technology, you could look in technical journals or databases like IE Explorer. Keep track of any vaguely relevant references you find as you should disclose these to the patent office when you file a patent application.... Read Answer