Nevada Patents Legal Questions

You may file either a new PPA or a new non-provisional utility patent application.  You will not be able to claim the priority date of your earlier filed PPA if you file a non-provisional application. For a micro entity,  USPTO the filing fee for a PPA is $75 and the filing fees for a non-provisional utility patent application (basic application + search + examination) total $455. As the inventor, you may prepare and file your own non-provisional application.  Because patenting formalities and procedures are quite complex, pro-se applicants very rarely obtain an issued patent from their applications.  If your invention is valuable, you owe it to yourself to obtain the funds to hire a registered patent practitioner so that you have a good chance of actually obtaining an issued patent. Many patent practitioners provide a free initial consultation, and many of these will provide a firm fixed fee quote for preparing and filing your non-provisional application.  You are not limited to patent attorneys in your geographic area.  A registered patent attorney can represent a client anywhere.  Call around to find a patent attorney who can provide you with guidance. See https://oedci.uspto.gov/OEDCI/practitionerSearchEntry to search for registered patent attorneys and agents.... Read More

An inventor is entitled to a patent for their invention if the invention is new, useful and non-obvious.  Most recipes, even highly creative ones, are combinations of known ingredients using known cooking processes.  As such, when a recipe is examined for patenting, it is usually found to be "obvious".  Obviousness in patent law has a very precise meaning: it means that a person of ordinary skill in the art, having before them references to processes and components in the invention from the past, would find the combination of the processes and components in the invention to be obvious. Sometimes a totally new process applied to food can result in a non-obvious patentable invention.  Consider U.S. patent number 548,086, granted to Henry Perky in 1890 for shredded wheat cereal.  But usually a recipe, even a very great and gastronomically artistic recipe, is unpatentable because of obviousness. I suggest your friend engage a patent attorney for a short consultation (it needn't be very expensive) specific to the facts of the recipe.  Note that registration as a patent attorney is a nationwide license.  You are not limited to patent attorneys in your local area.  Your friend can contact a patent attorney anywhere for advice.... Read More

If you are going to use a parody of a product name as a band name, you are better off than if you parody another band name.  Band names cannot be patented.  Band names can be trademarked and it would be possible to trademark your hypothetical band name as long as the Trademark Office did not believe consumers would expect your band and the owner of the TRANSFORMERS trademark to be related entities. It is also possible that the owner of the TRANSFORMERS trademark would come after you for diluting their trademark. Even if they would be unsuccessful, they could push hard enough that it would cost you tens of thousands of dollars to defend and that might be enough to make you surrender the name. I'm aware of the WIZARD OF OZ trademark owner doing that to people that wanted to open restaurants playing off the name of elements of the movie. Just something else to think about before you start building up name recognition.... Read More

Your question is really too complicated to fully answer on a site like this. First of all, you should see a patent attorney to learn if you invention is patentable, and if so, to have a patent application prepared and filed before you lose your rights simply due to inaction.  As to the your specific question, is inventing within your job description or would you be expected to come up with ideas such as the current one in the normal performance of your duties. If so, you company may have a claim for at least a royalty free license to practice the invention even if they have no right to own it. On the other hand, if this is not the case and you used your own time, facilities and money to develop the invention, it may be totally yours with your company having no rights.  Importantly, the rules governing such situations varies from state to state with some states providing greater rights to employees than others.  I do not practice in your state so that you should consult with a patent attorney there who can fully assess your situation and advise you more fully than I can.... Read More