Oregon Patents Legal Questions

For multiple reasons - NO. You cannot reuse the original packaging - as you have changed the original product. You likely must disclose the secret ingredient on the label. You might be able to get a patent if the combination is new, useful and not obvious - and again - the secret ingredient must be identified.... Read More

A provisional application is a first step in obtaining a patent for an innovative idea in the United States, and serves primarily as a priority document used to establish the date of innovation and preclude others who later file a provisional covering the same idea. No patent is granted based solely on the information obtained in a provisional application. It should be understood that a patent, if granted, is based solely on the information that is provided in the non-provisional application. In terms of content, the provisional application provides what can be viewed as analogous to the frame of a picture with a fairly general description of what the painting "will" contain. It is important to ensure that the provisional application covers, in general, every aspect of your idea since you aren't able to add new aspects in the non-provisional application claiming priority from that provisional application. For example, if you discuss generally an idea having A, B, and C in the provisional application, you cannot disclose aspects D, E, or F in the non-provisional application. Certainly, patent law can be very complex and the information discussed above may be difficult to wrap your mind around. This is why it is always recommended to seek counsel experienced in patent law when looking to get a patent on an idea. Even so, the quote you've received does not seem unreasonable for completing and filing a document that is relatively straightforward and limited in format. The higher fees you expect are sure to come with filing the much more detailed and lengthy non-provisional, the application from which a patent is actually granted. Hope this helps!... Read More

Maybe. Several legal aspects clash in this case. First - once you purchase a shoe - you own it and can re-sell it - so long as you do not hold yourself out as affiliated with the original brand. Look at resellers such as Building 19 - they advertise "famous maker" goods for sale - just to avoid any confusion of this type. The one time they advertised using the actual brand name of Swarovski - they were sued. As for your plan to customize the shoe - the copyright laws prohibit anyone but the original owner from making "derivative works" - so this could be a problem unless you have permission from the original owner.... Read More

Many issues. But it seems as if you are asking about patent infringement? If so you need to do a patent search. This is not an appropriate forum to ask for a free patent search. There would certainly be issues about using Starbuck's trademarks, like Verismo. As for merely selling a compatible pod, I see no barrier to doing so provided no patents cover what you plan to sell.... Read More

In 2012 Starbucks introduced the Verismo(r) system which combines Starbucks signature Espresso Roast and drink recipes with precise Swiss engineering and a patent-pending high pressure extraction brewing system. The Verismo system is believed to have been designed by Germany-based Krueger GmbH & Co. There may be issued U.S. patents or pending U.S. applications directed to the pods used in the Verismo system. You can search for free at the Patent Office website www.uspto.gov. You should consult with a patent attorney and have a clearance search conducted.... Read More

The answer to your question cannot be answered simply and requires a search of the relevant issued patents and an opinion of counsel variously referred to as a right-to-use, freedom to operate, clearance or noninfringement opinion letter. The difficulty you will likely encounter may not necessarily from Starbucks and their Verismo system, but from Green Mountain Coffee Roasters (GMCR) and their ubiquitous Keurig K-Cups which dominates the massive $8B market in single-serve coffee pods. Forbes Magazine noted that GMCR is purported to have at least 37 patents on the technology (both single-shot pods and refillable) and though some patents may have expired, certainly others are issuing or in the queue at the Patent Office, see, http://www.forbes.com/sites/chrisbarth/2012/09/20/starbucks-new-verismo-machine-sinks-green-mountain-will-you-buy-it/. Starbucks is likely licensed under the GMCR patent portfolio. So other new competitors, like you, would probably draw the attention of Green Mountain Coffee Roasters' licensing attorneys. It is also likely that Starbucks has some intellectual property of their own. So, you would have to either: (1) come up with some sort of pod that was not covered by patents owned by GMCR, Starbucks, or anyone else that has a relevant patent on single-serve coffee pods (design around the patents), or (2) seek a license from anyone who has a patent you may infringe by making and selling your refillable pod. Just one last note, such right-to-use opinions are typically some of the most expensive opinions of counsel because of the volume of materials that must typically be analyzed, not just claim charts against your refillable pod, but also prosecution file histories for each and every relevant patent, as well as finding the relevant patents in the first place. As always, your first step should be to consult with patent counsel to seek legal advice for your particular facts and the current jurisprudence in controlling Federal Circuit and Supreme Court case law.... Read More

Unfortunately you are not asking me for an answer to a question for which you have provided me a complete series of facts. You are asking me to do the research, find out if there are any patent out there that cover what Starbucks is doing and then comment on whether or not what you want to do infringes any of their potential patents. It would be akin to asking a mechanic to put your car up on his diagnostic rack, have him do all the tests at his expense and time, then tell you what parts to buy and show you how to put them in. Sorry you dont get all this for free. Im not here to do your homework. However i can tell you that if Starbucks has a patent that may cover the apparatus or method described, and you want to practice that method or sell that apparatus - then you may be infringing.... Read More

This is outside my area of law so this is not legal advice but rather advice from someone who has had the similar thing happen. For $200 there is not a lot you can do. Sometimes the frustration of trying to get the money back is not worth it. I know getting beat is frustrating but sometimes it happens. I would suggest that perhaps in a non confrontational way you and at least one witness, go to his house with a truck and demand the furniture. I would also send him a letter from one of the attorneys is the firs threatening to sue him if the furniture was not delivered in 2 days. Chances are that he sold the other half already to someone else.... Read More

Laws differ country by country so you should consult with a Canadian lawyer with copyright experience. Under US Copyright law - the owner of protectable subject matter (words, photos, etc.) does NOT give up his or her rights when posting to a social networking site. Others who copy such protectable subject matter can be charged with copyright infringement.... Read More

It is possible that two people can think of the same idea at the same time. The idea itself is not protected by law. However, the expression of the idea, be it an invention, a story or song, or any thing else suitably original, will be protected in many but not all cases. To take action against the county, you will need to show that you created the original expression of the idea, that your expresion was protected by law from infringement, that the county had the opportunity to learn about your expression, that the county copied or used some or all of your expression without your permission, and that you suffered a loss as a result of the county's action.... Read More