Patents Legal Questions

There is no single patent registration that will protect an invention around the world. You still have to register your patent in each country according to the rules of that country. However, there are some entities that are moving toward multiple-country registration with just a single submission. Check the rules of the countries you plan to market your product in.... Read More

Flashback to Contracts class! Generally there must be an offer, an acceptance, and some sort of consideration to create an agreement/contract. The consideration can be payment for the goods or services or it can be one party who has a right to do something agreeing to not do it (or the alternative one party has no obligation to do something but agrees to do it). There are certain types of agreements which have to be written on paper, signed, and possibly notarized, such as the sale of land or the grant of power of attorney or an agreement that will take more than a year to come to completion. Some people aren't allowed to make agreements, such as minors or adults who are incompetent. Even agreements made between competent persons may not be enforced, such as when one party commits fraud or takes advantage of the other party in an especially egregious way.... Read More

You can't be sued for using your own name. However, you could be liable if somehow you give readers the impression that your books were actually written by the other author with the same name. If you're each writing in a different literary genre, there shouldn't be a problem. However, if you're both writing romance novels, for example, the likelihood of readers getting the two of you confused grows significantly. If you don't want to write under a "nom de plume", consider using your first two initials and your last name. Or shorten or lengthen your last name. Several very famous authors use different names when they write in a new/different genre or try a new writing style or start a new series that they're not sure their current readers will like.... Read More

Original versions can be resold, copies cannot. The "first sale doctrine" rules here - once the copyright owner has made a first sale and been paid for it - no more money can be collected by the copyright owner. Used books, CDs, DVDs, all can continue to be sold by future owners. Pending TPP and Fast Track bills should not change that - but we need to monitor them - just in case.... Read More

Proper guidance requires a complex response. Anything you independently create and place into the tangible media storing the website is copyright under US law once it is stored (on a server or computer disk etc.). But there are many considerations and actions you can take- the best course of action will depend on what you wish to accomplish.... Read More

Dear Inventor, Yes you should use a non-disclosure agreement (NDA) before disclosing your invention if feasible. Many large companies will not sign a NDA as a matter of policy. You should consider discussing all the issues with a patent attorney to see how best to protect your invention. Good luck with your invention.... Read More

It is rare to find a situation where you are required to have an attorney by law. However, it sounds like you have a trademark/domain name dispute and that you are not familiar with or proficient in these matters. You would be wise to consult and/or engage an attorney for help, if there is economic value at stake. Make sure the attorney is experienced in domain name and trademark law.... Read More

A first step would be to file a complaint with the USPTO Office of Attorney Discipline. If they are found to have violated their obligations by the USPTO, you would then have good grounds to file a lawsuit against the company and the particular attorney who was handling the matter. If the company dealt with you in Oregon, the lawsuit likely could be filed in Oregon.... Read More

Typically NO - patent attorneys do not form partnerships with their inventor/clients. There are multiple ethical issues in such a partnership - all making it a very bad idea. Look for funding elsewhere - then hire your patent attorney. You can pay by the hour, or maybe get a set fee for each case. Note - the inventor must cover filing fees paid to the Patent Office. Each foreign case will cost up to $10,000. GOOD LUCK!... Read More

You could have the attorney sign a confidentiality agreement. However, the code of professional ethics that every attorney is required to abide by would prevent him or her from revealing the details of your invention and the information on the patent application. Any attorney who violates this code can be disbarred.... Read More

Respond to the letter asking for detailed information regarding what was allegedly downloaded and when. Also ask who specifically owns the copyright and what gives this company the right to make this claim. In short, first find out if this is a legitimate complaint or if it's just some copyright troll trying to bilk you out of money. Second, contact your IP provider to see if it has any information about the situation (did it get a request from this company for your IP address, etc.) Third, determine for sure that there is absolutely no chance that anyone was in your house or had access to your IP address on the date that the material was allegedly downloaded. Check if you have wi-fi to see if someone stole access to the Internet and your IP address somehow. If the company can prove that the movie was delivered to your IP address, you may have to pay for it.... Read More

By international treaty, the applicant has "PATENT PENDING" status worldwide for 12 months after the initial Patent/Provisional Application is filed in the U.S. Patent Office. It is unreasonable to expect even the largest companies to file a Patent Application worldwide out-of-the-gate. For the first 12 months after the filing of the first Patent Application, you will have "PATENT PENDING status globally. You cannot sue someone for infringing a pending Patent Application, but you will have a filing date for your Patent Application globally. To sue someone for Patent Infringement, the Patent owner needs to wait for the Patent Application to issue. For example, if you file a U.S. Patent Application on January 1, 2015, you have PATENT PENDING status worldwide if that is the first Application filed. If on September 1, 2015, you file a Patent Application in Canada for the same invention and reference the U.S. Patent Application, the Canadian Patent Application will have a filing date of January 1, 2015. I hope that this helps.... Read More

Almost every country in the world is a signatory to the Berne Convention which regulates intellectual property, including copyright. This means there is virtually nowhere on the entire planet that will allow you to stream music without prior permission from the owner or that will protect you when you get caught and sued. Theft is theft, even on the Internet.... Read More

What do you mean by "ran out" Did the patent expire at the end of its 20 year term from filing or did it lapse for failure to pay a maintenance fee. If it expired, unless the infringement started before the patent expired, there is nothing that you can do. On the other hand, if it lapsed for failure to pay a maintenance fee, it can be revived.... Read More

These so-called "invention companies" have a horrible reputation across the country. If you can prove that you had the idea before anyone else, that you submitted the idea to this company because it told you in writing that it would help you patent or market your idea, and the company used your original idea to create a product and market it without abiding by the terms of that written agreement, you may be able to prevail in court. I assume you have already sent the company a "cease and desist" letter. Next, contact your attorney general and the attorney general in the state the company is located in and file complaints with both. You should also talk to an IP attorney about filing suit in court.... Read More

A utility patent provides stronger protection than a design patent. The design patent only protects the embodiment shown whereas a utility patent can protect many embodiments. However, there are many instances that a design patent will provide you with all of the protection that you need. Also, if the technology has value to you and/or your competitors, you may be well-advised to apply for both. In such instances, we advise our clients to protect the technology every way that they can. You would be well advised to seek the assistance of counsel. Many provide a free initial consultation. Good luck with your project!!... Read More

Ownership of intellectual property created by employees can be pre-assigned as part of an employment contract. If any employee does not sign - do not hire them - it will only create legal issues down the road. Sample language is as follows: If, during the course of my employment with COMPANY, I create, invent, design, develop, contribute to or improve any works of authorship, inventions, intellectual property, materials, documents or other work product ("Works"), or have already done so, either alone or in conjunction with third parties, at any time during my employment by COMPANY and within the scope of such employment or status and/or with the use of any COMPANY resources, I shall promptly and fully disclose such Works to COMPANY, and I hereby irrevocably assign, transfer and convey, to the maximum extent permitted by applicable law, all rights and intellectual property rights therein (including rights under patent, copyright, trademark, trade secret, unfair competition and related laws) to COMPANY, or such other entity as COMPANY shall designate. I agree to maintain any type or form of records, execute any further documents and take any further actions as requested by COMPANY to assist it in validating, effectuating, maintaining, protecting, enforcing, perfecting, recording, patenting or registering any of its rights hereunder. If I am unable to execute a document or take any action for any reason, I hereby irrevocably designate and appoint COMPANY and each of its duly authorized agents or designees as my agent and attorney-in-fact, to act in my behalf in all applicable instances, including in any government authorities or agencies.... Read More

You might not be able to obtain a patent on your "business idea" - since these inventions are often viewed as an "Abstract Idea." For example, on June 19, 2014, the US Supreme Court unanimously ruled that basic business methods may not be patented, even if computers are used to apply them, citing Section 101 of the Patent Law. The case involved a method for reducing the risk that the parties to a transaction will not pay what they owe. Writing for the court, Justice Clarence Thomas said that was "a patent-ineligible abstract idea." "Merely requiring generic computer implementation," he added, "fails to transform that abstract idea into a patent-eligible invention." Visit the Patent Office website - www.uspto.gov - for more information. GOOD LUCK... Read More

Visit a lawyer now. You need a written agreement with your partners - so the questions raised below can be addressed before any break-up. New ideas created during the partnership are likely the property of the partnership - not you; and you likely cannot use them without permission, Visit a lawyer now. You don't need to get into litigation - as only the lawyers win there.... Read More

Contact a lawyer in your state to see if there is any local law that protects you from the unauthorized commercial exploitation of your likeness. Such laws vary from state to state - and some have no laws regarding this. Federal copyright law does not protect your public performance of the Japanese dance - as it is not "fixed in tangible form." Thus, federal law does not protect you based on your live performance.... Read More

If he is opening the business as part of your partnership, you would have a claim on the assets and proceeds from the business, even if you don't agree with his actions. However, if he's doing it on his own, there may not be much you can do since this is all happening in another state. You don't mention what the business does or whether it advertises or sells on the internet and that may influence what actions you can take.... Read More