Oregon Patents Legal Questions

You have done nothing wrong unless there was a noncompete clause in your contract or you have stole some of their copyrighted material. Sometimes it is just easier to go ahead until they file a lawsuit against you. Then you will be given a clear idea of what they believe you have done wrong. NOTICE: This email transmission may contain information that is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, or taking of any action in reliance on the contents, is strictly prohibited. If you have received this transmission in error, please contact us.... Read More

Generally, there are a number of ways to protect a website idea. Patents may be possible to protect the functionalities of a website. Data structures, functional processing steps and connectivity to other systems may support utility patents. Copyrights and design patents may cover the look and feel of a website. Trademark and trade dress elements of a website can also be protected. You should consult an experienced intellectual property attorney experienced in all these areas with the details of your conception to work out a plan to protect your work.... Read More

If it is more than a year since it has been first used it is too late to patent it. If not and there is no agreement or company employee manual that requires you to assign all of your patentable inventions to them, then you can file the patent under your name. Or even better to copyright the code.... Read More

Correct, because you don't own anything. No patent trademark or copyright. What you have is just information until you patent the embodiment of it. You could file a quick patent and then assign your rights in the patent application. You could strike an agreement to divulge your trade secret to them or to have them pay royalties to use it and cover the entire trade secret with an NDA or non-compete agreement. Preferably both.... Read More

The photographer has the copyright in the picture and he has allowed you to use it. No problem. However some states have privacy laws that give rights to the people whos photo you put on the web without their consent. I don't know what state you are in. I would either take it off the web of call a lawyer in your state.... Read More

It depends on what you feel is novel. The novelty might reside in a general concept or it could reside in menu order or screen details. You are allowed to have multiple claims in a patent and each one is an alternative. If any one is infringed, the patent is infringed. So it is a good idea to claim a concept of general concepts and also more detailed concepts. The requirement is that you disclose enough information to enable someone of ordinary skill in art to make and use the invention. This can often be done when you have a conceptual idea. It is usually a good idea to at least be able to provide a high level flowchart to your patent attorney. Keep in mind that, to be valid, a U.S. patent application must be filed within one year of the earliest sale, offer for sale, or publication. Other countries require filing prior to any disclosure.... Read More

Absolutely. Patents provide the strongest protection by far but you should also look at trademark registrations and copyright registrations. Design patents may also be available. A combination of forms of intellectual property is usually the best approach. I have examples of software patents on my website.... Read More

Without a patent you cannot protect the idea. Yes you may make all sorts of public disclosures so that no one else can get a patent but after 1 year of that it is in the public domain and you cant get a patent either or stop anyone from using it. I would suggest that you call our office to discuss the cost of a patent and perhaps get on a longer term payment plan.... Read More