Massachusetts Patents Legal Questions

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

A patent attorney is someone who has a background in science or engineering, has attended law school and passed a state bar exam, and has taken and passed the USPTO patent examination. A patent agent doesn't have the law degree but has the science/engineering background and has passed the patent examination.... Read Answer

Plan on spending between about $500 - $12,000+ to have a patent filed, depending on what kind of patent, what your technology is, and what kind of risks you are willing to take. You should start with a basic patent screening search that will cost between about $500 - $1500 and you should interview a few attorneys first to decide who would be best at helping you within your budget.... Read Answer

This is an excellent question. The first step is to determine whether or not the person marketing the "do it yourself photobooths" is operating under a patent. The patent could be assigned to the company or licensed to the company. Or, there could be a pending patent application. The person may have the product marked with one or more patent numbers or simply "patent pending". Once a patent has been identified, an attorney needs to review the claims of the patent to determine the scope of the patent. It may be relatively easy to design around the patent. This all is highly technical and it is strongly advised that you seek the assistance of counsel. If there is no issued patent or "patent pending", the technology may be in the public domain and available to anyone. Good Luck!!... Read Answer

Your good question invites a detailed response. I don't have enought time to respond fully, but I will offer a few thoughts. First, the answer depends on whether the system you mention (and presumably claim) is an apparatus or a method of doing something. If the claims are to an apparatus, then it is the apparatus that is protected, rather than what it is used for (an a different manner of apparatus would not be covered). If your claims are to a method, then it is the steps of the method that are covered. If the end result can be accomplished using an entirely different (second) method, then the second method would not be covered by the claim for the first method. However a patent application might claim both the first and second method, provided that the written description discloses and enable both. In this case the patent office might decide that each method is a different invention and require you to file a second application (but the second application will have the same priority date in this fact pattern).... Read Answer

Plan on spending between about $400 - $2500 for a basic patent screening search. As long as the search goes well, plan on spending anywhere between about $4500 - $12,000+ to hire an attorney to help you prepare and file a patent application. Once the application is filed, you will wait about 2 - 3 years for it to be examined. During examination it is most likely going to be rejected and you should budget about $2000 - $8000+ to fight the rejection(s). If you get past the rejections, plan on spending about $1000 - $2000 in the allowance process, most of which is government fees.... Read Answer

It would depend a lot on the recipe and how much business the recipe is likely to attract for the restaurant. Also, it would be important that the recipe be kept secret and that you agree to keep it secret from competitors. Since you have several local restaurants interested, your best bet may be to do some kind of auction. That way you sell it to the one who values it the highest.... Read Answer

Normally a recipe can not be protected under intellectual property laws. However, it may be considered a trade secret if it is something more than your average recipe and you've kept the details secret. If so, you can include it as an additional part of the sale of the restaurant and increase the price accordingly.... Read Answer

The answer to your question is very fact specific and will require a review of both patents and the products being sold by your competitor. But, in principal, if you have a utility patent that "covers" their product and you in fact have priority over your competitor's version of your invention, you should have the full gamut of legal remedies available under US patent law. The difficulty is usually in making sure your patent actually "covers" their product. Furthermore, there may be ways to invalidate their patent if in fact your patent application anticipates their patent, or if your product or the disclosure of it was publicly available prior to their patent application priority date. We would be delighted to advise you if you need further assistance. Initial consultations are always free.... Read Answer

It depends on complexity and whether it is drafted by hourly or fixed fee (either way can end up being the more expensive than the other). Generally cost for drafting and filing a skillful application can be between about $8000-$20000. Be aware that the cost of drafting and filing can be less than expenditures later on for prosecution (you will often need an attorney to respond to office actions such as a rejection.... Read Answer

Patent attorneys typically do not help inventors find investors. This is not a legal function - but is instead a business development function. Software is currently tough to patent - after the Supreme Court's Alice decision - software that is an "abstract idea" is not patentable subject matter.... Read Answer

A patent attorney or agent will help you obtain a patent on your invention but finding investors is usually up to the inventor. The patent attorney may be able to assist you in the paperwork required to commit the investor to the project. However, if you are raising large amounts of money, you may want to find an attorney with specific expertise in that area.... Read Answer

U.S. patent law changed a few years ago from "first to invent" to "first to file." If your invention is similar enough to the other invention, the USPTO will grant that patent and deny yours. However, if the other patent is denied, you may still have a chance with your submission. Check with an experienced patent attorney about how to distinguish yours from the other application.... Read Answer

A U.S. Patent is a contract between the government and the inventor. The government grants to the inventor a limited monopoly, that is, the right to exclude all others from making, using, or selling the invention within the U.S. during the patent term. In exchange, the inventor gives the public a full and complete disclosure of the invention with a teaching of how the invention works. Once the term of the Patent expires, the invention enters the public domain and can be used by anyone. Another inventor may obtain a Patent on an improved version of your Invention. A Design Patent will protect the design for 14 years from the date that the Patent Issues. A Utility Patent will protect the invention for up to 20 years from the date that the Patent Application is filed. Depending upon the nature of your invention, A Design Patent or a Utility Patent may be preferred, or you may be entitled to both. If you do not file a Patent Application for your Invention, someone else may, and you may be barred from practicing your own Invention. I hope this helps and Good Luck with your Invention.... Read Answer

The term DELUXE is a common adjective meaning luxurious or sumptuous, or of a superior kind or nature. It is a term that is merely descriptive of an attribute of the object to which it is attached. So, by itself the term DELUXE is not a mark that could be successfully enforced against you. An example of how this term has been used to describe sandwiches might be instructive.... Read Answer