Michigan Patents Legal Questions

For descriptive marks, US law draws a line between marks that are "merely descriptive" (not registrable) and ones that have or have developed a "secondary meaning" (are registrable). Secondary meaning is when customers associate the words with a particular company. This can be developed through long periods of sales, lots of advertising, substantial publicity, etc. Evidence of secondary meaning can be articles written by third parties that use the brand to mean the company and not to mean merely what the words mean, results of customer surveys, etc.... Read Answer

Based on what you say (e.g. you filed for a copyright and embedded your work in tangible media) you should have a likelihood of winning a lawsuit or settlement. I'd suggest you engage a copyright attorney since the things you relate involve contract and copyright law.. If you have good reason to believe your work is valuable, you might be able to find a copyright attorney who will handle your case at least partly on a contingency basis (e.g. some combination of fees and a portion of your later receipts).... Read Answer

A provisional patent is just a preliminary applications that people use when they are close to submitting an application but still need to tweak a thing or two on the invention. It provides minimal, short term notice to the public that you've got an idea you want to protect. You still have to submit a formal patent application. The cost of the application is set by the USPTO. The major outside expenses of a patent are 1) searching the records thoroughly to see if anything similar has already been patented or rejected by the USPTO and 2) creating the application which requires exacting descriptions and technical drawings of the specific thing you want to protect. An invention may require a number of patents to protect the whole thing. And if the USPTO challenges or rejects the application, there may be additional expenses if you try to get them to change their minds, such as attorney fees or creating additional documents to support your claim. If your invention involves something that is regulated by the government, such as pharmaceuticals, you will also have to obtain approval (i.e.: pay more fees) from the relevant department or agency. Generally, you're looking at several thousand dollars in expenses just to get the application prepared and possibly thousands more to obtain the patent.... Read Answer

All three are government-granted methods of protecting intellectual property. Patents protect the invention of useful items such as car parts, manufacturing processes, and genetically modified plants. Patents can also protect a new design of an existing products, such as a "better mousetrap." Copyright protects the expression of an idea such as books, computer software, works of art, TV shows and films, and music. Trademarks indicate the source of a particular item so that you know exactly who made it. Trademarks can consist of words, graphics, specific colors or patterns, and sounds.... Read Answer

Generally, when a patent holder sells a product covered by a patent, the purchaser typically receives an implied license under the patent. The key issues here are that you will need to identify the key patents and then determine who currently owns the patent rights. Then, if you buy the ingredients from the patent holders, you have an implied license to resell the product. You will need to analyze the patent situation carefully here. The law has become much more complex in recent years in this area and you are strongly encouraged to seek the assistance of counsel should you seek to move forward here. We hope this helps and good luck!... Read Answer

While usually a cease and desist letter comes from an attorney, there is no reason why it could not come directly from the trademark owner.  However, it carries more weight coming from an attorney and the attorney can varify that the usage is truly an infringment. Also, if it is sent by the owner and it turns out that a reasonable basis for doing so does not exist, the owner might be subject to a claim for an act of unfair competition.... Read Answer

Usually, a saying or phrase cannot be copyrighted or trademarked. However, a unique design that incorporates the saying may be copyrightable. And if the saying comes to be identified as representing the products or services of a particular company, it may qualify as a trademark. Example: Nike has used the phrase "Just Do It" often emough that when people read or hear it, they automatically think of Nike products.... Read Answer

As an initial matter, it is not clear what type of patent is at issue, i.e., design or patent. Design patents, unlike utility patents, have a term of 14 years from the date of issue. Furthermore, it is not stated in the question whether or not maintenance fees have been paid. Utility patents require the payment of maintenance fees to keep them in force. All of these factors affect patent term. Finally, it should be noted that "Status Date" is irrelevant for patent term purposes as it is merely a date in time for which the status description was last updated in the United Stated Patent and Trademark Office Patent Application Information Retrieval (PAIR) system. For the purposes of this discussion it will be assumed that "Status Date" was meant to be "Issue Date", i.e., the date on which the patent issued. Issue date is relevant for patent term. We will also assume that patent at issue is a utility patent and that all 3 maintenance fees have been timely paid. Accordingly, for applications filed before June 8, 1995 and for patents that were still in force on June 8, 1995, the patent term is either 17 years from the issue date or 20 years from the filing date of the earliest U.S. or international (PCT) application to which priority is claimed (excluding provisional applications), the longer term applying. Here, we have a "Filing or 371(c) date" of November 22, 1993. Using the 20 years from filing date rule, the patent term would end, November 22, 2013, which as of this writing implies that the patent has not yet expired, but will do so later this year. Using the 17 years from issuance rule, the patent term would end, March 7, 2013, which as of this writing implies that the patent has expired. Actual patent term is the longer of the two, i.e., November 22, 2013. Accordingly, with the assumptions stated, the patent is not expired as of this writing. As always, you should seek the advice of patent counsel to further clarify your particular fact scenario and so that he/she can correctly advise you to achieve your business objectives.... Read Answer

Step 1. Register the works that were copied with the US Copyright Office - www.copyright.gov. Step 2. Once registered, you are then ready to file suit against the copyist in Federal Court. Purchase one of the works as evidence of the copying. That way you have proof of infringement and who the seller is. A mere threat to them might be enough, otherwise be ready to fight. Look for a contingency fee lawyer to assist.... Read Answer

You need to contact an experienced attorney familiar with import businesses. It may be entirely "legal" for you to sell these goods but you're also going to have to deal with getting the goods imported to the U.S. and then approved for sale in the U.S. The USDA, FTC, USDHHS, and other federal agencies may have a say in how the goods are shipped and whether they meet U.S. standards, especially food goods.... Read Answer

Many people have good ideas, and often different people have the same good ideas around the same time. The one that makes it to market is usually the one who can afford to protect and then develop the product for sale. This is a long, tedious and expensive process. That is why many patent lawyers do not participate in ownership of an invention in exchange for legal work - because even if an invention is patented, it many not make it to market for any number of reasons including inability to make the product for a saleable price; consumer acceptance; and marketing. Be careful of any company that claims to help you license your invention - a number of them make money from you by way of fees and not from licensing your invention. These companies, called invention promoters, are required by Federal law to inform you BEFORE you enter a written contract of statistics of their clients who have made money from licensing efforts. What you need is an investor, such as an angel investor, or perhaps a loan to finance your efforts.... Read Answer

In theory, you are right that patent infringement liability of a subsidiary does not extend to a parent entity. However, this is assuming that the parent entity did not also infringe the patent. Possible defendants in a patent infringement lawsuit include any parties that made, used, sold, offered to sell or imported the patented invention. Those who induce or contribute to the infringement are also liable. Liability can extend to corporate officers if they were involved in the infringement. For these reasons, much more information regarding your specific circumstances must be known in order to properly offer an opinion. You should also know that there are many defenses to allegations of patent infringement which may come into play. I would recommend that you contact an attorney experienced in patent infringement litigation and discuss your situation. Regards, Dean AmburnHoward & Howard dwa@h2law.com    ... Read Answer

Copyright-eligible subject matter is original works of authorship. You will not be able to copyright a quote from Einstein for your website. In addition to questions about copyright eligibility, there are also issues surrounding free speech and the ability of the rest of the public to freely quote a public figure. If you are seeking to protect your website, you should have a discussion with your attorney what attributes might be eligible for intellectual property protection and how that might be implemented.... Read Answer

Copyright protection is directed to protecting content. Trademark protection is directed to protecting brand identity. Typically a business name would be protected by trademark law. In order for a phrase to function as a trademark, it must be capable of identifying the source or origin of the goods or services it is associated with. If a term describes the goods or services, it cannot function as a trademark or service mark. Typically terms like "Bookstore", "Carwash" and "babysitting services" would not be likely to function as a trademark or service mark. Each alleged trademark term and usage has to be evaluated in the context of the surrounding facts and circumstances. I recommend discussing this with your trademark attorney to advise you about the particulars in your situation.... Read Answer

The next thing you have to do is to have drawings made. Once the drawings are made the patent drafting process can begin. Usually a set of patent drawings cost about $400-$800 depending on the complexity of the invention. The patent application cost about $4000-$7000 again depending on the complexity of the invention. I usually begin with a $1500 retainer fee. A patent application takes about 2-3 weeks depending on how many revisions and approvals by the inventor. You can call me at any time for a free consultation. Thanks... Read Answer