Patents Legal Questions

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

If you have a reliable patent search in hand, you may wish to have a patent attorney render a novelty opinion. The opinion will give you some visibility as to how patentable the invention is in view of the prior art you have found. Alternatively, and assuming you are already comfortable with the patentability of your invention, you should file a patent application at your earliest opportunity. The least expensive and quickest route is to file a provisional patent application. But, you can also file a regular utility application or international patent application if you prefer. From the wording of your question, it would appear that you may have engaged the services of an invention submission company. They tend to want to give you all kinds of useless advice about marketing your invention, and bringing it to market. Those sorts of companies tend to be weak in their patent searches because if they find something that anticipates your invention, it will cut off their future income stream from you. Our firm can review your search results against a description of your invention and give you an opinion on patentability also known as a novelty opinion. We would be happy to quote you cost estimates and advise you of your options if you are interested with no obligation. As always, you should always consult with a registered patent attorney to explore all of your options in protecting your intellectual property based on you unique factual scenario and invention.... Read More

Yes - there is a grandfather clause in trademark law - the first user of a trademark - as a source identifier - has "common law trademark rights." Mere ornamentation (use of a design or word, not as a trademark) is not protected under common law trademark rights. So the question is - who used the "trademark" properly in the first place - the city or the early vendors ?? Go visit a trademark attorney, bring facts and proof of early use. Then you will know if you call into "common law trademark rights."... Read More

It all depends on what you have been doing to protect your ideas and designs. You probably own copyrights to the designs (if they are original), but need to register those copyrights to enforce them and/or collect damages. You might have been able to apply for design and/or utility patent protection- but if you have not done so and your designs and/or patents have been public for more than one year, it is probably too late. If there is substantial value at stake, I'd suggest engaging a patent attorney to sort this out for you.... Read More

Many questions - many answers: The US Patent document cannot tell you where else the case was filed. To search in Canada, you can visit the Canadian Intellectual Property Office website - http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/Home You can also search at the European Patent Office website www.epo.org - and see what other countries the US Patent was filed in. Improvement inventions (your "add-on") might be patentable. Section 101 of the Patent Law says: 35 U.S.C. 101 Inventions patentable. Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. However, the new invention must not be obvious to persons having ordinary skill in the field of the invention. If the add-on is a simple change that everyone knew could be done - it is likely an obvious change - and it will not be patentable. Finally, infringement of any claim in a patent is enough. Do not copy! Make your invention different.... Read More

It sounds like your idea would fall under copyright protection, rather than patent protection. But both copyright and patent protect the specific expression of an idea, not the idea itself. So you can create a web site that sells textbook just as this other company has. However, you couldn't copy the look and layout of the website or use a similar name.... Read More

The attorne might suggest conducting a patent search, but is not obliged to do so particularly since a "provisional patetn" is not a patent but rather an application the merely secures a date for what it describes and must be converted into a "real" patent application within one year before the provisional "dies"... Read More

If the image you want to include makes you think of the other character, you are probably violating copyright or trademark rights. You have a lot of other options to establish the mood you intend. Alternatively, contact the company that owns the Pok?mon character and pay for a license to use the image your artist has drawn.... Read More

The idea itself can't be copyrighted. However, the specifics that bring the idea to reality might qualify for copyright protection. For example, advertising layouts or a guidebook on how to conduct the event might be copyrighted. Trademark and trade secret law might also provide protection.... Read More

A simple written agreement - stating the agreed terms - signed by both parties and notarized should be adequate. You may also want to check the trademark database at the US Patent & Trademark Office - www.uspto.gov - to be sure nobody has taken your friend's nickname as a trademark. GOOD LUCK.... Read More

In order to be patentable, the invention must be new, useful, and not obvious compared with all of the technology that preceded it. The U.S. Patent Office also grants Patents for "methods of doing business" should the business methods meet the above criteria. However, there is also a concern that the programmer may acquire the Copyright to the software that he/she develops for you. If you obtain the Patent and the Programmer obtains the Copyright, you would not have control of your own technology. You must have the programmer assign the Copyright to you in the written Work Order that you issue. You may be well-advised to seek the assistance of Counsel on this to confirm that you are the first inventor, that your Patent rights are secured, and that the Work Order secures you the Copyright created. We hope that this helps and Good Luck!... Read More

Sorry, but your invention probably belongs to the company since you created it as part of your job and it is used by the company in the regular course of business. Ownership will transfer to whoever buys the business. However, you can always approach the current company and ask if it will transfer rights to the invention back to you, in which case you can copyright or patent it in your own name.... Read More

A patent attorney is someone who has a background in science or engineering, has attended law school and passed a state bar exam, and has taken and passed the USPTO patent examination. A patent agent doesn't have the law degree but has the science/engineering background and has passed the patent examination.... Read More

Patent Agents have passed the Registration Examination with the United States Patent and Trademark Office. Patent Attorneys have passed the Registration Examination with the United States Patent and Trademark Office and have also been admitted to the state bar as an attorney for at least one state. Patent agents will typically charge less than patent attorneys but they also are more likely to have less education and training. Using a patent agent is certainly much better than doing it by yourself but many would argue that they might not be able to help you with everything that you need and/or might not do as good of a job. These are generalizations and, therefore, there will be cases where they will be false.... Read More

A patent agent is a technically trained person - who has passed the Patent Bar Examination. Typically a patent agent is trained as a scientist or engineer - and has at least a bachelor's degree in that field. The Patent Bar Examination is administered by the US Patent and Trademark Office (USPTO) - www.uspto.gov. The exam tests legal knowledge of the US and PCT systems - as well as regulations and requirements regarding patent preparation and prosecution. Patent Agents can ONLY act before the USPTO - they can do nothing else - no licensing, no litigation, etc. Patent Attorneys do everything that a Patent Agent does - but they must pass BOTH the Patent Bar Examination and at least one State Bar Examination. Patent Attorneys attend law school as well as having the training required to be a Patent Agent. The law school training makes them a regular attorney - they can handle anything that they have the skill and training to handle. Passing the Patent Bar Examination allows them to handle all aspects of patent work. Patent Agents usually charge less than a Patent Attorney. GOOD LUCK!... Read More