Nebraska Patents Legal Questions

Every legal issue you can think of comes into play here: SOME include; Safety of the product. Registration of the product with various agencies for approved use by customers. Product composition - potential patent issues. Product name - potential trademark issues. You should search the internet for issues related to the launch of new consumer products. Then you should hire a lawyer that specializes in new consumer product releases for further assistance.... Read Answer

In order to be patentable, the invention must be new, useful, and not obvious. Recipes are indeed patentable subject matter and protectable either by defining a new and useful process or as a composition of matter. One way to overcome an obviousness rejection is to demonstrate to the Patent Examiner that there are certain aspects of the recipe that are counter-intuitive. So if you are going to try and patent a recipe ask yourself are there any process steps that are unique, or even bizarre. One disadvantage with trying to Patent the recipe is that the inventor must make a full disclosure of the recipe including the ingredients and the process for making the product. If the Patent does not issue, there is the risk that the recipe will be disclosed to the public if the Patent Application is published. Another option that should be considered is to keep the recipe a trade secret. The recipe for Coca-Cola was kept a trade secret for over 100 years. However, the company must go to extraordinary lengths to keep the recipe secret even from its own employees. It is advised that you seek the advice of counsel on this matter to determine the best way for you to go forward.... Read Answer

Market and style may not protect you from a charge of patent infringement if the patent on the original item is still in force. Check the Patent Office website for the status of the original patent. If the patent has expired - you are free to make, use and sell the item. As for obtaining your own patent - your version of the invention would need to pass these tests - especially as compared to the original patented item - (1) novelty (is your version "new" ?); (2) useful (does your item have a real-world use?); and (3) obviousness (is your version so different from the original that it is not a simple or "obvious" change?)... Read Answer

Generally, a new use for an existing product is patentable. Also, most inventions are combinations of existing products. A good start would be a thorough patent search to determine if anyone else has any patent rights or a patent application that might limit your invention. While you can do some searching yourself, it is recommended that you seek the advice of counsel to assist you. While there can never be absolute certainty, counsel can help to minimize your risk.... Read Answer

Technically, they are two entirely different legally-registered domain names for two different businesses in two different countries. However, given the international nature of the Internet, it is possible that there will be some confusion for customers. You will want to stress in all your advertising and publicity your full domain name.... Read Answer

Domains can be taken over by another party - under limited circumstances. Typically the second domain is a sham - not a legitimate business - and the owner offers to sell the domain to the first party for an outrageous sum of money. Such bad faith tactics can lead to the loss of the second domain to the first party - under the uniform domain name dispute resolution rules of ICANN. However - two legitimate businesses - each operating under similar domains - can co-exist without problems.... Read Answer

You are most likely referring to a trademark to protect your corporate name rather than a copyright. A trademark identifies a particular source of goods or services from those of another source. Trademark examples include VerizonR and AppleR. A copyright is a form of protection provided to authors of "original works of authorship," including literary, artistic, musical, dramatic, and certain other tangible works.... Read Answer

Initially, it would depend on whether the original product is protected by an unexpired patent. If the original product is patented (and unexpired), you may nevertheless sell your "modified" version of the product AS LONG AS YOUR your "modified" product does not "infringe" the original product's patent. If the original product is not protected by a patent, you may freely sell your modified product as well as the original product (as long as you do not use any trademarks/copyrights associated with the original product with your product). In addition, there is no specific percentage that a person can modify a product in order to avoid infringement. Patent infringement is determined by a complicated analysis. The analysis includes a determination of whether at least one claim in a patent literally "reads on" an accused infringer's device, product, or process, or covers the allegedly infringing device under the doctrine of equivalents. In other words, the accused infringer's product must fall under at least one of the patent claims; the claim is said to "read on" the product. If a claim does not "read on" the product, the product is not infringing upon that claim.... Read Answer

Check the manufacturer's website to see if they accept outside submissions most companies do not. If they do accept "concepts" from outsiders, they are typically interested only in ideas that have been patented. That way, what you claim is yours is well defined and they cannot be accused of taking your idea from you. Thus, your best option is to file a provisional application in the US Patent Office (www.uspto.gov) disclosing your idea how to make and how to use it. Then you will at least be "patent pending" for the one-year lifetime of the provisional application and a company might be willing to review your idea as disclosed in that application.... Read Answer

Copyright protection in the books likely also means that the patterns contained therein are also protected by copyright law. If you copy - you can be sued by the copyright owner - especially if you commercialize the products. Better for you to make your own unique designs - for which you would then be the copyright owner.... Read Answer