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 5
Do you have any Oregon Patents questions page 5 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

What can we do if a similar website name is negatively portraying our site?

Answered 15 years ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
Unless you have a trademark on the domain name (which you probably don't) and they are engaging in the same business as you so that a consumer could be confused - NO. Freedom of speech has drawbacks.
Unless you have a trademark on the domain name (which you probably don't) and they are engaging in the same business as you so that a consumer could... Read More

Can I sue a search engine for selling my public information and images?

Answered 15 years ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
Perhaps this is a state by state issue of the Rights of Privacy. Look on the internet what your state's laws are regarding this.
Perhaps this is a state by state issue of the Rights of Privacy. Look on the internet what your state's laws are regarding this.

When purchasing a storage unit at auction, is it legal to resell pirated dvds/games found in unit?

Answered 15 years and a month ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
Sorry cant sell them as it will be a copyright violation - and likely one that has statutory damages. That means selling even one of those pirated dvd/cd etc could cost you up to $150,000. For the law pls look at the US Copyright Act - Infringement or Damages.
Sorry cant sell them as it will be a copyright violation - and likely one that has statutory damages. That means selling even one of those pirated... Read More

Is it legal to post pictures of someone to Facebook without their consent?

Answered 15 years and a month ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
It differs from state to state and the status of your family name.
It differs from state to state and the status of your family name.

What are copyright issues regarding textbook use?

Answered 15 years and a month ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
Sorry - the instructor can buy just one book and teach from it BUT the instructor cannot buy one audio book and let all of his students listen to it at once. That would be a copyright infringement. Each has to buy their own.
Sorry - the instructor can buy just one book and teach from it BUT the instructor cannot buy one audio book and let all of his students listen to it... Read More

Can I distribute my paper if there is no duplication of name or content?

Answered 15 years and a month ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
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
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... Read More

Can I paint a detailed picture of a motorcycle and sell it if I leave off the brand name?

Answered 15 years and a month ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
Yes, you can.
Yes, you can.

Are blueprints in the Library of Congress considered in the public domain?

Answered 15 years and a month ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
This will have to be looked a t on a casr by case basis.
This will have to be looked a t on a casr by case basis.

What are my legal rights in a registered business name dispute?

Answered 15 years and a month ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
Call to discuss - the fact pattern is missing too much. Your business name may have issues with another's trademark but not a copyright.
Call to discuss - the fact pattern is missing too much. Your business name may have issues with another's trademark but not a copyright.

What patent type do I need for jeans?

Answered 15 years and a month ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
It all depends on what your new invention entails. Is it functional or structural - if so you need a utility patent. If it is just a new design ornamentation then you need a design patent. If you need help contact my office.
It all depends on what your new invention entails. Is it functional or structural - if so you need a utility patent. If it is just a new design... Read More

Can the idea for a profitable event be copywriter so you must be included in the profits?

Answered 15 years and a month ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
You could file a patent on a method of doing business.
You could file a patent on a method of doing business.

Can you patent a concept for a website?

Answered 15 years and a month ago by Anthony H Handal (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Patents
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
Generally, there are a number of ways to protect a website idea. Patents may be possible to protect the functionalities of a website. Data... Read More

Can I patent or copyright an invention I created for the company where I work?

Answered 15 years and a month ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
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
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... Read More

Will my patent grant me greater protection?

Answered 15 years and a month ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
If you apply for a design patent it will protect the general way it looks or anything that can essentially be deemed by the jury to closely represent it. These are che4ap. However if you have been selling these for more than 1 year you have lost the right to file for a patent.
If you apply for a design patent it will protect the general way it looks or anything that can essentially be deemed by the jury to closely represent... Read More

How can I protect my trade secret?

Answered 15 years and a month ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
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
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.... Read More

Can I purchase plain white baby clothing, tie dye then and resell the items online?

Answered 15 years and a month ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
Yes, you can.
Yes, you can.

Are there problems in my partial assignment patent case?

Answered 15 years and 2 months ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
Once they own any part of your patent (even 1% of it) they can do whatever they want with the patent including selling non exclusive licenses. The only thing that cant do is sell an exclusive license because that would affect the rights of the other patent holders.
Once they own any part of your patent (even 1% of it) they can do whatever they want with the patent including selling non exclusive licenses. The... Read More

Are there copyright issues of use our own drawing of an historic building?

Answered 15 years and 2 months ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
No permission is required for you to draw a picture of it. It would then be your own interpretation of the building and it would be copyrightable.
No permission is required for you to draw a picture of it. It would then be your own interpretation of the building and it would be copyrightable.

What should I do if a couple demands that I take their picture off my website but I have permission from the photographer?

Answered 15 years and 2 months ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
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
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... Read More

Can I legally paint and then resell a product?

Answered 15 years and 2 months ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
Yes. I assume that you are just putting on your own skateboard company name for advertising purposes. You have no intent to advertise that your company makes the tape.
Yes. I assume that you are just putting on your own skateboard company name for advertising purposes. You have no intent to advertise that your... Read More

What do I need to have completed in order to submit a patent application for an Iphone Android app?

Answered 15 years and 2 months ago by Atty. Deepak Malhotra (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Patents
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
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... Read More

Can I read copyrighted material that has not yet been released in the US?

Answered 15 years and 2 months ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
That depends if the author has allowed the free reads. Just because it is on the internet does not mean it is legal - look at Napster. I don't know if it was only to be released as a printed publication or if the authors intent was to donate it to the public domain.
That depends if the author has allowed the free reads. Just because it is on the internet does not mean it is legal - look at Napster. I don't know... Read More

Can a producer who was paid a 'for hire' fee to produce songs try and copyright them as his own?

Answered 15 years and 2 months ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
Please contact the Copyright office and correct this oversight. The send a cease and desist to him. If you registered the works within 90 days of publication you can sue them for statutory damages and attorney fees.
Please contact the Copyright office and correct this oversight. The send a cease and desist to him. If you registered the works within 90 days of... Read More

Can a written description of sofware or an application idea be patented?

Answered 15 years and 2 months ago by Atty. Deepak Malhotra (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Patents
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
Absolutely. Patents provide the strongest protection by far but you should also look at trademark registrations and copyright registrations. Design... Read More

How can I cheaply protect an idea that I have before I pitch it?

Answered 15 years and 2 months ago by Mr. Mark S Hubert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
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
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... Read More