Illinois Patents Legal Questions

The USPTO itself provides guidance on the patenting process at: https://www.uspto.gov/patents-getting-started/patent-process-overview. I strongly recommend you NOT to commit to paying any money to ANY invention promotion firm.  Instead, I recommend you investigate obtaining the advice from a registered patent professional (a patent attorney or a patent agent).  Many (myself included) provide extensive free initial consultations and can explain the steps required in applying for and obtaining a patent.  Note that a patent registration is a nationwide license, so you are not limited to consulting with patent professionals in your immediate area. The U.S. Patent and Trademark Office provides a list of registered practitioners at: https://www.uspto.gov/learning-and-resources/patent-and-trademark-practitioners/finding-patent-practitioner For cautions about invention promotion firms, please see my web page at: https://claibornepatent.com/prototype.htm.   If you wish to discuss this matter with me, you may contact me at the number below. In any case, I wish you the best in this endeavor. Anthony Claiborne Claiborne Patent Law Services 425-533-6132... Read More

Your question, as best understood, is whether a different shape of a magnet for a motor would comprise a patentable invention.   An inventor is entitled to a patent for their invention if the invention is useful, new and non-obvious.   While an electric motor is certainly useful, an electric motor using a differently shaped magnet will be useful only if it works as an electric motor.   The motor invention is new if the shape of the magnet has not been used before its invention by the inventor and has not been disclosed or used in public by the inventor more than one year prior to the inventor's filing the patent application.   The motor invention is non-obvious if a person of ordinary skill in the art of constructing electric motors, having before them all the art prior to the invention of the new motor, would not find the construction of the new motor obvious. The patentability of such an invention is a mixed question of law and fact.  I recommend you consult with a registered patent professional (either a patent attorney or a patent agent) for a professional opinion as to the patentability of a motor with the particularly shaped magnet.  Note that a registration to practice patent law before the U.S. Patent and Trademark Office is a nationwide license and that you may consult a registered patent professional anywhere for the needed opinion.... Read More

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 More

There is no single answer to your question, especially given the lack of information provided.  Some technologies have a multi-year backlog and othes have none. Furthermore, procedures exist for expediting handling, some of which add significant cost to the process.Thus, not knowing the technology involved or your financial resources, giving of an answer is impossible.... Read More

I believe that it is safe to say that more than one year has elapsed from the filing of your US patent application that resulted in the US patent to which you have referred.  That being the case, it is no longer possible to obtain a patent in Canada or anywhere else. However, since you have no protection in Canada, you need to make sure that the agreeement with your Canadian partner provides sufficient safeguards to insure that your partner does not use information obtained from you to make his own mold and to go into business in Canada in competition with you.... Read More

The answer depends on what exactly other people have patented. To determine that, you must look at the "claims" in their patents. If your app is performing each and every step or has the same structural elements listed in just one of their patent claims, you are infringing their patent. You can also infringe if your app makes only an "insubstantial difference" from just one of their claims. You need to consult a patent attorney to review their patent claims with regard to what you are doing. Also, consider having a patent search run. There are many patent applications and issued patents that don't have a commercial product, and you could be infringing those patents as well.... Read More

As for the drawings and portions of your application text, yes he can do so. As for the claims copied from your application, he probably believes that he invented the claimed subject matter first and the issue of who is entitled to the subject matter as the first inventor (assuming that it is found to be patentable) would have to be decided by the Patent Office in a proceeding call an "interference".... Read More

As for the drawings and portions of your application text, yes he can do so.  As for the claims copied from your application, he probably believes that he invented the claimed subject matter first and the issue of who is entitled to the subject matter as the first inventor  (assuming that it is found to be patentable) would have to be decided by the Patent Office in a proceeding call an "interference".... Read More