Massachusetts Patents Legal Questions

That can be tricky and the answer will depend on a bunch of details that you have not included. Plus you will want to explore variations that are safer and less safe. You should talk privately with an intellectual property attorney so that you can safely discuss your plans in confidence and explore the options you have.... Read More

There is. You should talk with a patent attorney about the App or the idea for the App. Sometimes your application can be ruled out of getting a patent just in that conversation. If not, then you will want to do a basic patent screening search. If that looks good then you will want to prepare and file a patent application. A few years later the patent office will reject your patent and you will need to negotiate with the Patent Office to try and get it allowed. Once it is allowed, there is a process to go through to complete the registration. You should have a patent attorney helping you through that.... Read More

The essential function of a trademark is to exclusively identify the commercial source or origin of products or services. A registered trademark confers a bundle of exclusive rights upon the registered owner, including the right to the exclusive use of the mark in relation to the products or services. The owner of a registered trademark to prevent unauthorized use of the mark in relation to products or services which are identical or "colorfully" similar to the "registered" products or services, and in certain cases, prevent use in relation to entirely dissimilar products or services. A trademark will protect goods and a service mark will protect services. There are 34 different classes for protecting goods and 11 different classes for protecting services, and a federal trademark application must designate the goods or services for the mark. There are common law trademark rights, and the owner places a TM after the mark. Once the owner has been granted rights but the U.S. Trademark Office, the owner places a circled R after the mark. We hope that this helps.... Read More

Unless you own the material on the DVD or have a license to copy it to your computer, you are probably violating someone's copyright by making an unauthorized copy of the material. There are a few exceptions to this (the material may not be copyrighted, for example) but they're pretty rare.... Read More

Under U.S. law, an original work is protected from the moment it is fixed in a permanent medium. Either the words or the lyrics or both together can be copyrighted this way. In addition, your performance of the music can also be copyrighted. Although it is not required by law, you can register your copyrights with the U.S. Copyright Office (Library of Congress) which gives the public further notice that you own this material and impacts the amount of damages owed to you by violators. So you can post your music to on-line sites, knowing that the material is protected already. However, once posted, it is almost impossible to prevent someone from violating your copyright and very difficult and expensive to recover damages. So don't post anything that you think is a real money-maker.... Read More

Send a "cease and desist" letter to the person who is posting your article and notify each of the web sites that you own the copyright to the work, have not granted permission to anyone to use the work (post it on-line), and demand that they remove it from their site. If no one cooperates, an attorney can help you get it taken down.... Read More

As a broad general statement, any useful item that meets the requirements for a patent and hasn't already been invented can be patented. Some processes can also be patented. Check the list of patents granted by the U.S. Patent and Trademark Office on their web site: USPTO.gov There are also a number of books for sale and in libraries that will give you a better idea of what qualifies.... Read More

Software can either be copyrighted or patented, depending on what the software does. If you develop the software by yourself, you own all the rights to it yourself; if you are part of a group, everyone may have a claim to it. That's the "proprietary" part. A license is your (or the group's) permission to someone else to use your proprietary software. An intellectual property attorney can draft this document for you in a manner that will keep all the proprietary rights in your hands.... Read More

Copying the work of another person and posting it on the Internet is usually how infringement occurs. To avoid copyright claims of another person - be creative - make your content all by yourself - or use materials that are in the public domain. Search for public domain information on the Internet - it will be old - but could be very useful to you. If you want to use the work of a known author - as for permission. If granted - you will be okay. Otherwise - create your own work.... Read More

A Utility Patent may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, compositions of matter, or any new useful improvement thereof. A Design Patent may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture. Generally, the term of a Utility Patent is 20 years from the U.S. filing date of the first U.S. Patent Application, while the term of a Design Patent is 14 years measured from the date of the Patent grant. The fees and costs for a Design Patent are generally less than a Utility Patent, and the Design Patent generally works its way through the U.S. Patent Office more quickly. However, the Utility Patent provides better coverage for the invention. If your invention has a unique structure or function and a unique ornamental design, you should consider seeking both a Utility Patent and a Design Patent. We hope that this helps and Good Luck!... Read More

A patent application is extremely complex and expensive and if you don't do it right, the chances of the USPTO denying your application are very good. If you've obtained a patent before, you may be able to do the next one on your own. A patent attorney or a patent agent can save you a lot of time and money and increase greatly your chances of obtaining a patent. The examination process can take as little as 9 months according to the USPTO but usually takes much longer.... Read More

This is an extremely complicated question and it's hard to answer in a paragraph. Patents cover the invention of useful items and processes and new designs of existing inventions. Inventions range from simple things like a new formula for a cake mix to extremely complex things like the parts of a rocket. Genetically modified crops can be patented but the human genome can not. To see the incredible range of items that have obtained patents, search through the patent portion of the United States Patent and Trademark Office (USPTO.gov). You can also learn how difficult it is to submit a patent and why most people use patent attorneys or agents to submit a successful application. A patent attorney also tell you if an idea is worth filing on.... Read More

A patent attorney is a person who has graduated from law school, passed the general bar exam, and then passed the patent bar exam. A patent agent does not have a law degree or a license to practice law but has passed the patent bar exam. Both attorneys and agents must have a background in science or engineering.... Read More

It's almost impossible to avoid infringing copyrights when using the internet. For example, my response to you is covered by copyright but I send it out with the understanding that it is probably going to be copied without my permission. And that's fine with me. My agreement with the organization that provides this service to you includes my permission for them to post my answer publicly. However, most things on the internet are not posted with the author's or creator's permission Some entities, such as the media and educational institutions, are allow "fair use" rights to use copyrighted works without permission under certain circumstances. The rest of us have to be careful to not violate those rights. If I'm not sure about something, I contact the service provider or the person posting the material to check the rights before copying or forwarding it. I also try to give credit to the copyright owner whenever possible.... Read More

Either a patent attorney or a patent agent can help you complete and submit a patent application. The attorney has passed the general bar exam and is licensed to practice law. Both the attorney and the agent have backgrounds in science or engineering and both have passed the patent bar exam. It is well worth the time and money to have an agent or attorney help you with your application as getting a patent is generally very expensive and the agent or attorney can make sure you're not wasting your money.... Read More

The simple answer is yes, you can start a live chat service. And yes, you will have to research this type of business and learn what material is proprietary (patents or trade secrets) and what can be used by anyone. Olark's web page describes the process the owners went through to build their business. If you aren't planning on competing with them for clients, give them a call or visit their main office and talk to them about their experiences. Many successful entrepreneurs are happy to talk about their business and give a newbie some advice.... Read More

It is typically trademark infringement to parody a trademark, especially a famous trademark. There is a case where someone made shirts that said "Cocaine" in the same coloring and script as the Coca-Cola logo and a judge issued an injunction to make them stop. The guys making the shirts said it was a parody, and that didn't help them at all.... Read More

It would serve no purpose to file for all trademarks that closely resemble yours since you can only obtain a registration for trademarks that are actually being used. If the other trademarks are "confusingly similar" to your trademark, you could enforce your trademark relative to such a similar trademark without having registered it.... Read More

Sometimes people will sign a letter of understanding that lays out some intended plans or will include some terms that are written in a way that they are not promises or commitments. But instead are wishes, understandings, expectations, beliefs, hopes, plans, etc. You would start such a phrase with something like: It is understood that. It is believed by the parties that. The first party expects to.... Read More