Utah Patents Legal Questions

You should start with a basic patent screening search. To get a patent you have to be able to prove to the Patent Office that your technology is new, useful, patentable subject matter and non-obvious. The search and the initial consultation you will get with your patent attorney will help you get a good idea about your chances of success.... Read More

There is no "legal percent" that can be used from any kind of a copyrighted work. You will need to get permission from the copyright owner (who not necessarily the creator) of the material and then provide credit to that person or entity. There are some exceptions to copyright protect, usually referred to as "Fair Use." Check with an attorney experienced in copyright issues to see if any of these would apply to your project. BTW: materials created outside of the U.S. are also protected under international treaties.... Read More

Under the America Invents Act (AIA), you may be entitled to reduced fees as a "micro-entity" if you meet certain requirements. To qualify as a micro-entity, an applicant must meet all four of the following criteria: * Qualify as a USPTO-defined small entity, i.e., less than 500 employees. * Not be named on more than four previously filed applications. The micro-entity definition states that applicants are not considered to be named on a previously filed application if he or she has assigned, or is obligated to assign, ownership rights as a result of previous employment. Applications filed in another country, provisional applications, or international applications for which the basic national fee was not paid do not count as previously filed application. The definition also includes applicants who are employed by an institute of higher education and have assigned, or are obligated to assign, ownership to that institute of higher education. * Not have a gross income more than three times the median household income in the previous year from when the fee(s) is paid. For 2011, the most recent year that data is available, the median income was $50,054. So, if your gross income is less than about $150,162, you should meet the Gross-Income basis threshold. * Not be under an obligation to assign, grant, or convey a license or other ownership to another entity that does not meet the same income requirements as the inventor. So, if you meet the above requirements, which based on the information you have provided appears to be the case, you would simply file the Form PTO SB 45 and pay according to the micro-entity fee schedule until you no longer qualify. However, you should consult with a patent attorney to explore your particular facts to confirm that you qualify for the micro-entity status.... Read More

File a patent in the US and in any country you are selling decent volumes thereof. File for a trademark in the US and in any countries you are selling decent volumes thereof. Watch your time frames. You may be running up against some time bars with respect to the patenting of your product.... Read More

Copyright only protects the actual expression of the idea not the idea. For example photographs of say the Empire State Building are on postcards and are copyrighted to the photographer that took that photo. You cant sell postcards with the exact photo made from the same negative but you can take your own photo of the ESB and sell it as it will be copyrighted as your own expression.... Read More

There is no common law right to an invention. The only way to protect technology is either through trade secret protection or by filing and securing Patent rights. It seems from your question that you had what you believed to be an idea for an invention but there is no mention as to whether or not a Patent Application was ever filed. Also, it is unclear as to how your neighbor and her associate learned of your idea. Did you tell them? Was the disclosure made in confidence? If you disclosed the invention to your neighbor, that would make it more difficult to show that you regarded this as a trade secret. If you do have something in writing with your neighbor, this may be a breach of contract. Most people are unaware as to the proper way to protect their inventions. Consulting with Patent Counsel is strongly recommended, so that you can learn from this experience. I hope that this helps and good luck!... Read More

The USPTO does not require a working model to consider a patent application or to grant a patent. You will have to have a definitive and clear enough concept of the eventual medical device so that it can be claimed clearly and unambiguously. If you are looking for a Utah patent attorney, look up Thom Rossa.... Read More

Business names that are confusingly similar to each other can be a serious problem and can get you sued. If you think people might get confused about the names, that is usually a good sign that there is a problem. People can get confused by the appearance of the names, the sound, and/or the meaning. They are more likely to be confused if goods/services are the same or similar and/or if the market channels are the same or similar. If you want to read more about that, search the internet for the DuPont Factors.... Read More

Generally speaking, if someone purchases a product with a logo on it and that purchase is authorized by the owner of the logo, the person can then resell that same product without having to get permission from the logo owner. This is the First-Sale doctrine, if you want to research it. However, if that person materially alters the product, they generally, cannot take advantage of the first sale doctrine. As to whether taking a shoe charm and incorporating it into a paracord bracelet is a material alteration, I don't know. That would take some research, even to make a guess. You may want to speak with an attorney in private about that specific question.... Read More

You are in the area of Trademark Law. In order to use a name as a trademark, there is a requirement that you serve notice that the mark is your trademark for your product and place a "TM" after the mark. If you are selling your product across state lines, you are engaged in "interstate commerce" and can register your mark with the U.S. Trademark Office. Once the mark has been registered, you replace the "TM" with a. If you have used the "TM" but not yet registered the mark with the U.S. Trademark Office, I recommend that you apply for a registration, indicating that your first use of the mark was January 2012. I hope that this helps and good luck!... Read More

Trademark rights are acquired in the United States by use of the mark (product "brand" name) in commerce. If you are first - you can continue to sell your product using the name you gave it. If the magazine was first - they can ask you to stop. Also - strength of the mark will also be important - it the mark an arbitrary name? Is it a suggestive name? Is it a descriptive name? Each of these is entitled to various levels of protection under the trademark laws of the US.... Read More