Nebraska Patents Legal Questions

A applicant may revive an application that was unintentionally abandoned for failure to respond to an office action by providing a petition to revive along with 1) the submission that was required required and was not timely filed (the repsonse to the office action); 2) a petition fee ($1,700); 3) a statement that the delay between the due date for submission and the filing of the petition to revive was unintentional. A terminal disclaimer and fee may also be required if you are prosecuting or have obtained a patent for a related application. If the office action in question was a final rejection, the only submission that you can make is a Request for Continued Examination.  If, on the other hand, the office action was a non-final rejection, the submission is simply a full and complete response to that office action. Whether you file in-paper or via the Electronic Filing System is not outcome-determinative. These requirements are generally set forth in 37 CFR 1.137 and MPEP 711.03(c).  My strong recommendation is not to try to revive on your own, but rather to hire a registered patent attorney or agent to prepare the petition for you. For a free initial consultation and firm quote, contact me at 425-533-6132, Claiborne Patent Law Services.  ... Read Answer

Fire arms sales are highly regulated. I doubt that any ammunition distributor will sell to someone who isn't licensed to sell ammunition. Furthermore, I doubt the manufacturer will allow you to repackage without some sort of written agreement, especially since the company?s brand and/or trademark is involved. Check with both the manufacturer and your state fire arms authority.... Read Answer

Be distinctive! Business names should stand out from the crowd - not be similar to one already being used. In fact, if too similar, the owner of the first name can sue for "unfair competition" - since customers might confuse your company name with the first company's name - assuming some affiliation between the two entities. Pick a great business name that is yours alone.... Read Answer

This is not a patent question, but here is information from the Mass Court internet site - http://www.mass.gov/courts/selfhelp/small-claims/ : The small claims court is not a separate court, but a special session of the District Court, the Boston Municipal Court or the Housing Court. It is designed to provide a simple, informal and inexpensive option for resolving cases where the amount at issue is $7,000 or less.... Read Answer

Unless you really change the look of the item, you?ll probably want to keep the original label. Clothing design is not copyrightable (or patentable) in most circumstances but certain looks are closely identified with certain designers which may invoke their rights to publicity and the use of their names. On the other hand, if it's just a commercially made item, you can do whatever you want to with it and rebrand it.... Read Answer

It might be okay - but you need to review the following IP issues: Patent - is the clothing protected by an active US Design or Utility Patent ? If yes - you may need a license from the patent owner. The patent exhaustion rule says that the patent owner is fully compensated when the item is sold - and you as the new owner can resell the item in its original condition. Changing the item may be patent infringement. Trademark - the clothing likely has a trademark associated with it - and you cannot use that trademark without a license from the owner. Your best option regarding the trademark is to remove original tags from the modified clothing and not mention the original mark in your advertising. Copyright - the first sale of the item is copyright exhaustion - the owner is fully compensated when the item is sold - and you as the new owner can resell the item in its original condition. Changing the item may be copyright infringement - as only the original creator can make a derivative work.... Read Answer

Maybe - to be patentable your invention must pass three tests: (1) Is the invention new? The combination can NEVER have been made before. Do a patent search first. (2) Is the invention obvious? If one essential oil was previously combined with a carrier oil - it may be obvious to combine two or more. Is the effect additive or something surprising? Surprises are often NOT obvious. (3) Is the invention useful ? A cleaning product likely passes this test.... Read Answer

The standard for the Patent Office to issue a Patent is the invention must be new, useful, and not obvious over everything that came before it (the prior art). In most cases the typical recipe for a "killer Margarita" or "the best barbeque sauce ever" will not be patentable because the recipe will not be unique enough, typically failing on the non-obviousness requirement. Of course, the only way to know for sure is to understand how the Patent Office reaches its conclusions relating to what can and cannot be patented. It is certainly possible to obtain a patent on a recipe or food item if there is a unique aspect, perhaps if there is something counter-intuitive or a problem (such as shelf life or freshness) is being addressed. The trick will be identifying a uniqueness that is not something one would typically think to try. Good luck and we hope that this helps.... Read Answer

To be patentable - your soup recipe must be (1) new, (2) useful, and (3) not obvious in view of previous soup recipes. An average cost for a utility patent on this type of invention would likely be up to about $5000 (small entity). This would include a search fee, the patent drafting fee, the patent prosecution fees (filing and processing), and the issue fee. See for example US Patent No. 6,713,115 (2004). You can search for soup patents at www.uspto.gov. GOOD LUCK!... Read Answer

Original versions can be resold, copies cannot. The "first sale doctrine" rules here - once the copyright owner has made a first sale and been paid for it - no more money can be collected by the copyright owner. Used books, CDs, DVDs, all can continue to be sold by future owners. Pending TPP and Fast Track bills should not change that - but we need to monitor them - just in case.... Read Answer

Proper guidance requires a complex response. Anything you independently create and place into the tangible media storing the website is copyright under US law once it is stored (on a server or computer disk etc.). But there are many considerations and actions you can take- the best course of action will depend on what you wish to accomplish.... Read Answer

It is rare to find a situation where you are required to have an attorney by law. However, it sounds like you have a trademark/domain name dispute and that you are not familiar with or proficient in these matters. You would be wise to consult and/or engage an attorney for help, if there is economic value at stake. Make sure the attorney is experienced in domain name and trademark law.... Read Answer

Typically NO - patent attorneys do not form partnerships with their inventor/clients. There are multiple ethical issues in such a partnership - all making it a very bad idea. Look for funding elsewhere - then hire your patent attorney. You can pay by the hour, or maybe get a set fee for each case. Note - the inventor must cover filing fees paid to the Patent Office. Each foreign case will cost up to $10,000. GOOD LUCK!... Read Answer

By international treaty, the applicant has "PATENT PENDING" status worldwide for 12 months after the initial Patent/Provisional Application is filed in the U.S. Patent Office. It is unreasonable to expect even the largest companies to file a Patent Application worldwide out-of-the-gate. For the first 12 months after the filing of the first Patent Application, you will have "PATENT PENDING status globally. You cannot sue someone for infringing a pending Patent Application, but you will have a filing date for your Patent Application globally. To sue someone for Patent Infringement, the Patent owner needs to wait for the Patent Application to issue. For example, if you file a U.S. Patent Application on January 1, 2015, you have PATENT PENDING status worldwide if that is the first Application filed. If on September 1, 2015, you file a Patent Application in Canada for the same invention and reference the U.S. Patent Application, the Canadian Patent Application will have a filing date of January 1, 2015. I hope that this helps.... Read Answer

Ownership of intellectual property created by employees can be pre-assigned as part of an employment contract. If any employee does not sign - do not hire them - it will only create legal issues down the road. Sample language is as follows: If, during the course of my employment with COMPANY, I create, invent, design, develop, contribute to or improve any works of authorship, inventions, intellectual property, materials, documents or other work product ("Works"), or have already done so, either alone or in conjunction with third parties, at any time during my employment by COMPANY and within the scope of such employment or status and/or with the use of any COMPANY resources, I shall promptly and fully disclose such Works to COMPANY, and I hereby irrevocably assign, transfer and convey, to the maximum extent permitted by applicable law, all rights and intellectual property rights therein (including rights under patent, copyright, trademark, trade secret, unfair competition and related laws) to COMPANY, or such other entity as COMPANY shall designate. I agree to maintain any type or form of records, execute any further documents and take any further actions as requested by COMPANY to assist it in validating, effectuating, maintaining, protecting, enforcing, perfecting, recording, patenting or registering any of its rights hereunder. If I am unable to execute a document or take any action for any reason, I hereby irrevocably designate and appoint COMPANY and each of its duly authorized agents or designees as my agent and attorney-in-fact, to act in my behalf in all applicable instances, including in any government authorities or agencies.... Read Answer

Many questions - many answers: The US Patent document cannot tell you where else the case was filed. To search in Canada, you can visit the Canadian Intellectual Property Office website - http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/Home You can also search at the European Patent Office website www.epo.org - and see what other countries the US Patent was filed in. Improvement inventions (your "add-on") might be patentable. Section 101 of the Patent Law says: 35 U.S.C. 101 Inventions patentable. Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. However, the new invention must not be obvious to persons having ordinary skill in the field of the invention. If the add-on is a simple change that everyone knew could be done - it is likely an obvious change - and it will not be patentable. Finally, infringement of any claim in a patent is enough. Do not copy! Make your invention different.... Read Answer

If the image you want to include makes you think of the other character, you are probably violating copyright or trademark rights. You have a lot of other options to establish the mood you intend. Alternatively, contact the company that owns the Pok?mon character and pay for a license to use the image your artist has drawn.... Read Answer

The idea itself can't be copyrighted. However, the specifics that bring the idea to reality might qualify for copyright protection. For example, advertising layouts or a guidebook on how to conduct the event might be copyrighted. Trademark and trade secret law might also provide protection.... Read Answer

A simple written agreement - stating the agreed terms - signed by both parties and notarized should be adequate. You may also want to check the trademark database at the US Patent & Trademark Office - www.uspto.gov - to be sure nobody has taken your friend's nickname as a trademark. GOOD LUCK.... Read Answer