Florida Patents Legal Questions

A first step would be to file a complaint with the USPTO Office of Attorney Discipline. If they are found to have violated their obligations by the USPTO, you would then have good grounds to file a lawsuit against the company and the particular attorney who was handling the matter. If the company dealt with you in Oregon, the lawsuit likely could be filed in Oregon.... Read More

Consult a patent attorney who can evaluate the patentability of you bathing suit, and can prepare a patent application for you if the results are favorable. However, the broad concept is not new (see, http://www.mermaidinengland.com/home/home-of-the-original-colour-change-swimwear.php ), so if you intend to sell one, you should have a right-to-use evaluation of unexpired patents performed first.... Read More

It is not very common, but also is not rare. As for the Redskins trademark, it is still in effect until the decision is affirmed on appeal, which appears not to be very likely. Based on the same facts and a similar decsion by the Trademark Office, the District Court reversed and no reason exists to assume that the court won't reverse again (remember the Trademark Office does what the president wants it to do, but that is not the case for the courts).... Read More

Edison is a tough example because many of his patents were on ideas that were invented in parallel or pre-dated by an inventor in Europe, Joseph Swan.  The key to preparing good claims in a utility patent is isolating the novelty of the invention in your independent claims. All sorts of shapes, sockets, and filament materials were tried for years in making a lightbulb that would endure, with little success. Some filaments worked better than others, but all of them burned out too quickly. Some sockets were easier to use when changing the light bulb. If Edison is the first one to determine that a filament in a vaccuum will burn exponentially longer than a filament exposed to air, the independent claims should not specify the type of socket, the shape of the bulb, or the material used to make or coat the filament. It should be a filament in a bulb attached to a socket, wherein the socket and bulb form an air tight enclosure encapsulating the filament. The dependent claims should focus, at least in part, on how to attach the socket and bulb to form an air tight seal.... Read More

First of all, there is no such thing as a provisional patent; there is only a provisional patent application. A provisional patent application is merely a way to get a filing date and within one year it must be converted into a non-provisional patent application or it dies and it is as if it never existed. The cost of a properly prepared provisional patent application is not a great deal less than that for a non-provisional patent application. As for preparing one yourself, if you have no experience with patent applications, Lincoln's words regarding the person who represents himself having a fool for a client holds true. The patenting process is not for the uninitiated and even if you manage to get a patent, it could be worthless.... Read More

There is an online application form so it is possible for you to apply for a trademark on your own. However, if you are unfamiliar with the rules, you could wind up having problems getting the application through the Patent and Trademark Office (might even have to refile if the problems are not of a correctable type) or may wind up with rights that are narrower than you need. As a result, to paraphrase Abraham Lincoln, the person that represents him or her self, has a fool for a client. You would be wise to have a trademark attorney assist you even if you are allowed to file on your own.... Read More

Shawn, I've always believed in the saying, "You get what you pay for." When you can't afford to pay for assistance, you shouldn't expect much. At the same time, you don't always have a choice. For instance, if you need a haircut, you can pay for a barber, you can go to a barber school, or you can cut it on your own.  Patents work the same way. If you can't pay for it, you can do it on your own (search "patents" and "DIY" on Amazon). You could also try patent school. Here is a listing of schools that offer IP clinics. http://www.uspto.gov/ip/boards/oed/practitioner/agents/law_school_pilot.jsp You want to select one that offers a patent clinic (trademarks won't help you) and hopefully one of them can help you. Good luck, Todd... Read More

There is not enough information to adise you specifically, but given your problems, i recommend that you contace a patent attorney to arrange for a professional search to be conducted and the results evaluated. While an idea cannot be patented, it appears that you have a manner of implementing your idea contemplated and that implementation is what you would patent.... Read More

First-to-file only relates to who has priority between two patent applicants. It does not relate to patentability with respect to prior subject matter such as things that have been publically disclosed or on sale. Since you know about the product that has been on sale, you are oblicated to disclose it to the Patent Office and if it is the same as you design, you will not get a patent. If you do not disclose it and you get a patent the patent will not be valid or enforcible.... Read More

If the design is shown in the utility patent, it is not possible to obtain a design patent for that design. However, since you state that it is only "very similar", if there are ornamental differences between your design and that of the utility patent that are not merely obvious modifications, it may be possible to obtain a design patent based on those differences.... Read More

I assume you mean that you paid for a trademark application to be prepared and filed. You can check on the US Patent and Trademark Office website to see if it has been filed: http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4002:2jq0ob.1.1 However, there is no excuse for the attorney not returning your messages and you could contact the state bar association in the attorney's state to file a complaint.  ... Read More

You will have to take him to court for the money he owes based on the contract. As for the design patent, you should be protecting the appearance of the assembled kit and the novel parts of the kit via design patent.  Those parts that were solely created by you, you could file for in your own name and those parts and the overall appears of the assembled kit with those jointly created parts would be filed for in both of your names. If the customer refuses to sign the papers, there are procedures within the US Patent and Trademark Office to deal with such circumstances. You need to see a contract lawyer for the breach of contract issues and a patent lawyer to handle the design patent filings.... Read More

No one of course can determine the patent lawyer's motives. However, the patent lawyer is bound by rules of ethics both in the state bar in which he/she practices and the United States Patent & Trademark Office which prevent him/her from representing you if there is a conflict of interest. If you believe that the lawyer had a conflict of interest and should not have undertaken your representation, then you can complain to the appropriate authority. If you are that concerned, have one lawyer perform the patentability search and analysis, then get a different attorney to give you an opinion on the quality of the analysis, then have another attorney draft the application. Keep in mind that a patentability opinion is just that - an opinion - so there is no "right" or "wrong" answer unless something extremely close to your invention shows up in the search. Only the USPTO can ultimately determine if your invention is patentable.... Read More

The answer is the question, "how long is a piece of string"? You don't know until you see the invention. The cost will depend on the complexity of the technology and whether there are a lot of patents in the field. Generally for low technology inventions you should budget around $3500-$5000 to get the application drafted and filed in the United States Patent & Trademark Office. There can be more fees to respond to requests from the USPTO, called Office Actions, and if the patent is granted there is an Issue Fee of about $1050 that has to be paid. Costs also increase if you want international patents, because your patent is only good in the country that issued it. ... Read More

Whether a phrase can be used and registered as a trademark depends on how it will be used. If the use is descriptive or even generic, then registering the phrase will be a problem or not possible at all. However, if the use of the phrase as a trademark is different from how people have used the phrase before, it is possible. Context has to be looked at. If the phrase has been used by others as a trademark for the same or related goods/services, then probably no, the phrase can't be registered. You should consult a trademark attorney with the details to get a better idea. ... Read More

There are several different Jurassic Park vehicles, but it really does not matter so much which you are trying to emulate. First, it is questionable whether these vehicles possess the degree of subject matter that is required to qualify for copyright protection, beyond the image of the dinosaur on the park logo. However, since you are copying it, to the extent that copyright protection exists, you would be violating the copyright by duplicating the decorative aspects of the Jurassic Park vehicle without the consent of the copyright owner. Also, the copyright notice need not be placed on a work for it to be protected by copyright law.  Equally important, and not mentioned by you, is issues relating to trademark protection.  You do not mention what you intend to do with the vehicle. The Jurassic Park name and logo are registered trademarks for numerous goods and services so that virtually any unlicensed commercial use of the name and/or logo would subject you to litigation by the trademark owner.  As for eliminating the "s" such a trivial modification would have no effect on your liability.... Read More

First of all you are taking a big risk by filing by yourself. For example, how do you know is a 1(a) or 1(b) basis, how do you know if you have to "disclaim" a portion of your trademark? How do you know if your mark is registrable at all? Are your registering a "good" or a "service"?, the evidence requirements are different. Did you do a search, is your trademark descriptive, (does it described the goods or services), etc. There a many questions that should be asked before you register a trademark, and this is better done by a professional. Many clients come to my office after they have done a mistake in the trademark application. Once the application has been filed, you might lose the money, time and some the errors that you commit night be irreversible. Well, assume that you have done everything right and that you have a registrable trademark, then the specimens for a "service" are: - advertising (radio, newspapers, magazines) an invoice will suffice. - flyers (a copy) - website (a printout) This will serve as proof of use in interstate commerce (cross-state boundaries) - coupons - receipts Good luck.... Read More

It depends. This depends if the combination is non-obvious. Obviousness is a term of art. Obviousness is very difficult to predict and is one of the requirements for patentability. It is the number one patent killer and the USPTO favorite killing tool. In order to evaluate if the combination of the chemical compounds is not obvious you have to answer the following questions: 1. at the time you made the new composition, was the composition, (and any method of preparation or physical change of the compounds) foreseeable by some one else with your same skill in chemistry? 2. does the compounds in combination perform a similar function that each compound performs individually? 3. if there are similar compositions using the both compounds out in the public, is this new composition, a step forward, a far better composition? 4. did you solve a problem not solved before by mixing the two compounds? 5. was the result of mixing the compounds in this particular way unexpected? 4. did you manipulate the physical properties of the compounds? 5. did you use a special method (technique) of preparation of the compounds, for example did you use temperature and pressure, or did you bake the compounds before mixing? 6. was the result of mixing the compounds predictable? 7. did other chemists try to solve the problem but failed and you and your inventive mixing method succeeded? Only after answering these questions a patent attorney can determine if your invention is patentable. Another issue that you will face is the fact that the two compounds are patented. Even if you get a patent on the mixed compounds, you have to pay royalties to the owners. Now, if you get the patent for the combination, you might enter into a cross-license agreement if the owners are interested in you inventive combination.... Read More