Oregon Patents Legal Questions

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146 legal questions have been posted about patents by real users in Oregon. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include intellectual property, copyrights, and intellectual property licensing. All topics and other states can be accessed in the dropdowns below.
Oregon Patents Questions & Legal Answers - Page 4
Do you have any Oregon Patents questions page 4 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 146 previously answered Oregon Patents questions.

Recent Legal Answers

Can free products offered online be used for commercial purposes?

Answered 14 years and 10 months ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
Basically they are saying "we have the copyright in these patterns and will let you use them if they are not used commercially" Yes they can sue you if you use them commercially.
Basically they are saying "we have the copyright in these patterns and will let you use them if they are not used commercially" Yes they can sue you... Read More

What is the effect of alternative variations on a PPA?

Answered 14 years and 10 months ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
Yes but lets get 1 thing straight - a provisional patent application is not examined - you will never be told from the filing of a provisional that your idea is patentable.
Yes but lets get 1 thing straight - a provisional patent application is not examined - you will never be told from the filing of a provisional that... Read More

Can I pursue a design patent for a koozie and legaly sell it?

Answered 14 years and 10 months ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
Yes you can file for a design patent on the koozie. The fact that there is a trademark for the work koozie just means you cant advertize your product as a oozie.
Yes you can file for a design patent on the koozie. The fact that there is a trademark for the work koozie just means you cant advertize your... Read More

What happens when a federal agency illegally uses copyrighted software?

Answered 14 years and 10 months ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
To the best of my knowledge they are treated just like anyone else in the computation of damages.
To the best of my knowledge they are treated just like anyone else in the computation of damages.

What can I do if an ex-employee tries to create the same product and an identical company name as mine?

Answered 14 years and 10 months ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
You may have common law rights in the trademarks in your state and if there was a selling product developed you may have a cause of action for trade dress.
You may have common law rights in the trademarks in your state and if there was a selling product developed you may have a cause of action for trade... Read More

What should I do after receiving a letter for copyright infringement?

Answered 14 years and 10 months ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
I would consult with a local Intellectual Property attorney ASAP!
I would consult with a local Intellectual Property attorney ASAP!

Who owns the patent for fixtures when used in conjunction with other products?

Answered 14 years and 11 months ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
No unless specified by contract - although the fixture may not be used to make any of the patent devices without a license or permission form the patent holder.
No unless specified by contract - although the fixture may not be used to make any of the patent devices without a license or permission form the... Read More

Should I get a design or utility patent?

Answered 14 years and 11 months ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
Hard to say without seeing the invention but if I were to guess I would say just get a design patent with the middle sized insert shown in the drawings.
Hard to say without seeing the invention but if I were to guess I would say just get a design patent with the middle sized insert shown in the... Read More

Can I use material that is patented to make my invention?

Answered 14 years and 11 months ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
Yes provided that you have a license to use the patented material OR unless you bought the patented material.
Yes provided that you have a license to use the patented material OR unless you bought the patented material.

How can I protect songs that I create from being stolen?

Answered 14 years and 11 months ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
Go to the internet and google us copyright office. Follow directions to register online. It costs approx $40.
Go to the internet and google us copyright office. Follow directions to register online. It costs approx $40.

What can I do if another company is using my provisional patent?

Answered 14 years and 11 months ago by Anthony H Handal (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Patents
If actual infringement is occurring, it is important that the provisional patent be filed as a non-provisional. It is also important that the claims we carefully drafted so as to maximize the possibility of damages prior to issuance. After this is done, you should consider contacting the infringer and offering a license, if that is consistent with your business model. Otherwise, you may want to put the infringer on notice of your rights.... Read More
If actual infringement is occurring, it is important that the provisional patent be filed as a non-provisional. It is also important that the claims... Read More

What can I do to get money after my product is being used?

Answered 15 years ago by Denise M. Glassmeyer (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Patents
Since you live in Michigan, you can contact the State Bar of Michigan Lawyer Referral Service (http://www.michbar.org/programs/lawyerreferral.cfm ) to find names of competent attorneys in you location who can evaluation your case and provide you with advice in this matter. There are a great many good patent attorneys practicing in Michigan. The State Bar can provide you with names and contact information. Once you have located an attorney who can represent you, the attorney you retain can evaluate the specific facts in your case. Please follow up with additional questions. Good Luck!... Read More
Since you live in Michigan, you can contact the State Bar of Michigan Lawyer Referral Service (http://www.michbar.org/programs/lawyerreferral.cfm )... Read More

How can I protect a business model for a startup without money?

Answered 15 years ago by Denise M. Glassmeyer (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Patents
It is a real challenge to obtain meaningful patent protection without spending money. It is possible to obtain strategic protection in an economical manner. Typically what you will be doing is defer the costs of intellectual property protection by using mechanisms such as provisional patent applications and exploring trademark and copyright options. Please be aware that any public disclosures, sales or offers to sell can affect when and what you can protect. While it is possible for an individual inventor to prepare, file and prosecute his or her own patent application, my experience has been that the sua sponte applications do not have the claim breath or detail found in applications prepared by most patent attorneys or agents. The most important element for many start up companies is their intellectual property. It should be well protected.... Read More
It is a real challenge to obtain meaningful patent protection without spending money. It is possible to obtain strategic protection in an economical... Read More

how much does it cost to have a lawyer write a website privacy policy?

Answered 15 years ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
Generally, it should take about 2 hours - about $600
Generally, it should take about 2 hours - about $600

Is re-communicating what others did (even if they charge their members for this) a copyright infringement?

Answered 15 years ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
I do not see any problems under the copyright laws of the us.
I do not see any problems under the copyright laws of the us.

What can my friend do to alleviate some of the cost associated for being sued for downloading movies?

Answered 15 years ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
Well first there has to be a trial and he has to be found guilty and then there is a damage award. Negotiate is the only way to get it down.
Well first there has to be a trial and he has to be found guilty and then there is a damage award. Negotiate is the only way to get it down.

Is there copyright infringement if an idea is used by a non-holder of the copyright?

Answered 15 years ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
Ideas are not copyrighted - only the embodiments. Yes once there is a work copyrighted only the owner can use it unless there is a license granted.
Ideas are not copyrighted - only the embodiments. Yes once there is a work copyrighted only the owner can use it unless there is a license granted.

Who is the patent legally assigned to?

Answered 15 years ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
Not necessarily - there must be a winding up of the company assets - including the patent, wherein the distribution may be different.
Not necessarily - there must be a winding up of the company assets - including the patent, wherein the distribution may be different.

What should a graphic design artist be doing to ensure credit of work?

Answered 15 years ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
File a copyright which costs about $45 on each application. Copyright the source code. See the US copyright website for more details.
File a copyright which costs about $45 on each application. Copyright the source code. See the US copyright website for more details.

What is patent fencing?

Answered 15 years ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
IT law Wiki defines it as follows "A patent fence is a series of patents obtained by a patent owner on near substitutes for its patent , thereby blocking follow-on innovators from designing around the initial patent or from obtaining improvement patents that may block the original patent owner from improving on his original patented invention.... Read More
IT law Wiki defines it as follows "A patent fence is a series of patents obtained by a patent owner on near substitutes for its patent , thereby... Read More

Is this patent infringement?

Answered 15 years ago by Atty. Deepak Malhotra (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Patents
No, it isn't patent infringement. A patent prevents a competitor from making, using, or selling, without permission, a product that meets the limitations of any one of the claims in the patent document. You could speak with a trademark lawyer as to whether or not it is "passing off."
No, it isn't patent infringement. A patent prevents a competitor from making, using, or selling, without permission, a product that meets the... Read More

How do I protect myself and my invention?

Answered 15 years ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
Only show it to them under a tight nondisclosure. Remember without a patent you don't own anything and cant protect your invention. It is hard to try to negotiate a sale for right you don't own.
Only show it to them under a tight nondisclosure. Remember without a patent you don't own anything and cant protect your invention. It is hard to... Read More

Can I publish an image in a book of someone else's character if it is redrawn as a stuffed animal?

Answered 15 years ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
Copyright law prevents someone from making a derivative work of the underlying copyrighted work. To explain what a derivative work is lengthy. Look at the definition on the web.
Copyright law prevents someone from making a derivative work of the underlying copyrighted work. To explain what a derivative work is lengthy. Look... Read More

Do I need a license to license out my provisional patent?

Answered 15 years ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
You will likely be unable to license the provisional. The provisional only lasts for 12 months.
You will likely be unable to license the provisional. The provisional only lasts for 12 months.

Do I have to disclose a trademark application to my employer?

Answered 15 years ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
No.
No.