Massachusetts Patents Legal Questions

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

There is no single patent registration that will protect an invention around the world. You still have to register your patent in each country according to the rules of that country. However, there are some entities that are moving toward multiple-country registration with just a single submission. Check the rules of the countries you plan to market your product in.... Read Answer

Flashback to Contracts class! Generally there must be an offer, an acceptance, and some sort of consideration to create an agreement/contract. The consideration can be payment for the goods or services or it can be one party who has a right to do something agreeing to not do it (or the alternative one party has no obligation to do something but agrees to do it). There are certain types of agreements which have to be written on paper, signed, and possibly notarized, such as the sale of land or the grant of power of attorney or an agreement that will take more than a year to come to completion. Some people aren't allowed to make agreements, such as minors or adults who are incompetent. Even agreements made between competent persons may not be enforced, such as when one party commits fraud or takes advantage of the other party in an especially egregious way.... Read Answer

You can't be sued for using your own name. However, you could be liable if somehow you give readers the impression that your books were actually written by the other author with the same name. If you're each writing in a different literary genre, there shouldn't be a problem. However, if you're both writing romance novels, for example, the likelihood of readers getting the two of you confused grows significantly. If you don't want to write under a "nom de plume", consider using your first two initials and your last name. Or shorten or lengthen your last name. Several very famous authors use different names when they write in a new/different genre or try a new writing style or start a new series that they're not sure their current readers will like.... Read Answer

You could have the attorney sign a confidentiality agreement. However, the code of professional ethics that every attorney is required to abide by would prevent him or her from revealing the details of your invention and the information on the patent application. Any attorney who violates this code can be disbarred.... Read Answer

Respond to the letter asking for detailed information regarding what was allegedly downloaded and when. Also ask who specifically owns the copyright and what gives this company the right to make this claim. In short, first find out if this is a legitimate complaint or if it's just some copyright troll trying to bilk you out of money. Second, contact your IP provider to see if it has any information about the situation (did it get a request from this company for your IP address, etc.) Third, determine for sure that there is absolutely no chance that anyone was in your house or had access to your IP address on the date that the material was allegedly downloaded. Check if you have wi-fi to see if someone stole access to the Internet and your IP address somehow. If the company can prove that the movie was delivered to your IP address, you may have to pay for it.... Read Answer

Almost every country in the world is a signatory to the Berne Convention which regulates intellectual property, including copyright. This means there is virtually nowhere on the entire planet that will allow you to stream music without prior permission from the owner or that will protect you when you get caught and sued. Theft is theft, even on the Internet.... Read Answer

These so-called "invention companies" have a horrible reputation across the country. If you can prove that you had the idea before anyone else, that you submitted the idea to this company because it told you in writing that it would help you patent or market your idea, and the company used your original idea to create a product and market it without abiding by the terms of that written agreement, you may be able to prevail in court. I assume you have already sent the company a "cease and desist" letter. Next, contact your attorney general and the attorney general in the state the company is located in and file complaints with both. You should also talk to an IP attorney about filing suit in court.... Read Answer

A utility patent provides stronger protection than a design patent. The design patent only protects the embodiment shown whereas a utility patent can protect many embodiments. However, there are many instances that a design patent will provide you with all of the protection that you need. Also, if the technology has value to you and/or your competitors, you may be well-advised to apply for both. In such instances, we advise our clients to protect the technology every way that they can. You would be well advised to seek the assistance of counsel. Many provide a free initial consultation. Good luck with your project!!... Read Answer

Contact a lawyer in your state to see if there is any local law that protects you from the unauthorized commercial exploitation of your likeness. Such laws vary from state to state - and some have no laws regarding this. Federal copyright law does not protect your public performance of the Japanese dance - as it is not "fixed in tangible form." Thus, federal law does not protect you based on your live performance.... Read Answer

If you are employed by the company and you invented this game in the regular course of your duties, then the game probably belongs to your employer. You won't be able to claim the game as your own without the permission of the company. And games are usually copyrighted rather than patented. Check with the company and see if it is interested in marketing the game and splitting the proceeds with you.... Read Answer

If he is opening the business as part of your partnership, you would have a claim on the assets and proceeds from the business, even if you don't agree with his actions. However, if he's doing it on his own, there may not be much you can do since this is all happening in another state. You don't mention what the business does or whether it advertises or sells on the internet and that may influence what actions you can take.... Read Answer

If you have a reliable patent search in hand, you may wish to have a patent attorney render a novelty opinion. The opinion will give you some visibility as to how patentable the invention is in view of the prior art you have found. Alternatively, and assuming you are already comfortable with the patentability of your invention, you should file a patent application at your earliest opportunity. The least expensive and quickest route is to file a provisional patent application. But, you can also file a regular utility application or international patent application if you prefer. From the wording of your question, it would appear that you may have engaged the services of an invention submission company. They tend to want to give you all kinds of useless advice about marketing your invention, and bringing it to market. Those sorts of companies tend to be weak in their patent searches because if they find something that anticipates your invention, it will cut off their future income stream from you. Our firm can review your search results against a description of your invention and give you an opinion on patentability also known as a novelty opinion. We would be happy to quote you cost estimates and advise you of your options if you are interested with no obligation. As always, you should always consult with a registered patent attorney to explore all of your options in protecting your intellectual property based on you unique factual scenario and invention.... Read Answer

Yes - there is a grandfather clause in trademark law - the first user of a trademark - as a source identifier - has "common law trademark rights." Mere ornamentation (use of a design or word, not as a trademark) is not protected under common law trademark rights. So the question is - who used the "trademark" properly in the first place - the city or the early vendors ?? Go visit a trademark attorney, bring facts and proof of early use. Then you will know if you call into "common law trademark rights."... Read Answer

It sounds like your idea would fall under copyright protection, rather than patent protection. But both copyright and patent protect the specific expression of an idea, not the idea itself. So you can create a web site that sells textbook just as this other company has. However, you couldn't copy the look and layout of the website or use a similar name.... Read Answer

Sorry, but your invention probably belongs to the company since you created it as part of your job and it is used by the company in the regular course of business. Ownership will transfer to whoever buys the business. However, you can always approach the current company and ask if it will transfer rights to the invention back to you, in which case you can copyright or patent it in your own name.... Read Answer

Patent Agents have passed the Registration Examination with the United States Patent and Trademark Office. Patent Attorneys have passed the Registration Examination with the United States Patent and Trademark Office and have also been admitted to the state bar as an attorney for at least one state. Patent agents will typically charge less than patent attorneys but they also are more likely to have less education and training. Using a patent agent is certainly much better than doing it by yourself but many would argue that they might not be able to help you with everything that you need and/or might not do as good of a job. These are generalizations and, therefore, there will be cases where they will be false.... Read Answer