Patents Legal Questions

A patent does not give you the right to make, use or sell anything. It only allows you to prevent others from making, using or selling what is covered by the patent. Therefore, unless there is a patent in Europe that would prevent you from making, using or selling the product in Europe, you would not have to pay royalties to the company that owns the US patent so long as the product is not made or sold from the US to Europe.... Read More

No, but if you can't afford to pay we would not enter into an agreement to have you as our client (e.g. lawyers have bills to pay too, and many patent lawyers have their own great ideas they might spend time working on). You might be able to find someone to help you pro bono (e.g. free)- that would be your best shot.... Read More

Plan on spending between about $500 - $12,000+ to have a patent filed, depending on what kind of patent, what your technology is, and what kind of risks you are willing to take. You should start with a basic patent screening search that will cost between about $500 - $1500 and you should interview a few attorneys first to decide who would be best at helping you within your budget.... Read More

This is an excellent question. The first step is to determine whether or not the person marketing the "do it yourself photobooths" is operating under a patent. The patent could be assigned to the company or licensed to the company. Or, there could be a pending patent application. The person may have the product marked with one or more patent numbers or simply "patent pending". Once a patent has been identified, an attorney needs to review the claims of the patent to determine the scope of the patent. It may be relatively easy to design around the patent. This all is highly technical and it is strongly advised that you seek the assistance of counsel. If there is no issued patent or "patent pending", the technology may be in the public domain and available to anyone. Good Luck!!... Read More

You need to hire a trademark lawyer to help you with this. If I understand your question - you created an original artwork. Someone else filed a trademark application claiming that the artwork was their trademark - for goods or services. They may have done this thinking that the work was their property - as perhaps they [aid you to create the work for them. Facts will determine who has rights in this case. GOOD LUCK.... Read More

Send a cease and desist letter to the other party and, if your artwork is part of a registered trademark, to the grantor (state or federal) of the protection with a request to terminate the mark's registration. If you haven't already, register the artwork with the U.S. Copyright Office. The other party may be willing to stop using your artwork or may purchase/license it. But be prepared to go to court.... Read More

Your good question invites a detailed response. I don't have enought time to respond fully, but I will offer a few thoughts. First, the answer depends on whether the system you mention (and presumably claim) is an apparatus or a method of doing something. If the claims are to an apparatus, then it is the apparatus that is protected, rather than what it is used for (an a different manner of apparatus would not be covered). If your claims are to a method, then it is the steps of the method that are covered. If the end result can be accomplished using an entirely different (second) method, then the second method would not be covered by the claim for the first method. However a patent application might claim both the first and second method, provided that the written description discloses and enable both. In this case the patent office might decide that each method is a different invention and require you to file a second application (but the second application will have the same priority date in this fact pattern).... Read More

For descriptive marks, US law draws a line between marks that are "merely descriptive" (not registrable) and ones that have or have developed a "secondary meaning" (are registrable). Secondary meaning is when customers associate the words with a particular company. This can be developed through long periods of sales, lots of advertising, substantial publicity, etc. Evidence of secondary meaning can be articles written by third parties that use the brand to mean the company and not to mean merely what the words mean, results of customer surveys, etc.... Read More

Plan on spending between about $400 - $2500 for a basic patent screening search. As long as the search goes well, plan on spending anywhere between about $4500 - $12,000+ to hire an attorney to help you prepare and file a patent application. Once the application is filed, you will wait about 2 - 3 years for it to be examined. During examination it is most likely going to be rejected and you should budget about $2000 - $8000+ to fight the rejection(s). If you get past the rejections, plan on spending about $1000 - $2000 in the allowance process, most of which is government fees.... Read More

It would depend a lot on the recipe and how much business the recipe is likely to attract for the restaurant. Also, it would be important that the recipe be kept secret and that you agree to keep it secret from competitors. Since you have several local restaurants interested, your best bet may be to do some kind of auction. That way you sell it to the one who values it the highest.... Read More

Based on what you say (e.g. you filed for a copyright and embedded your work in tangible media) you should have a likelihood of winning a lawsuit or settlement. I'd suggest you engage a copyright attorney since the things you relate involve contract and copyright law.. If you have good reason to believe your work is valuable, you might be able to find a copyright attorney who will handle your case at least partly on a contingency basis (e.g. some combination of fees and a portion of your later receipts).... Read More

You need a trademark lawyer. Much more information is needed to help you with this matter. Who was first to use the name commercially for clothing? If they have a registration - is it federal or state? If federal - you can download the entire file of the case - and look at how they provided proof of commercial use - with the date of first use. If you were first - you can petition to cancel their federal registration. You may have lots of options - but much more information is needed. GOOD LUCK!... Read More

You can register a trademark either in the state your business is in or with the U.S. Patent and Trademark Office. If you product will be sole in more than one state, register federally. Companies can have the same trademark if they are in different classes of goods and services. And different items of clothing can be included in different classes (sportswear vs. coats vs. prom dresses). Send a letter back to this company asking for proof of their registration and and a list of the products they are selling. Also ask to see how they are using the mark in commerce and how long they have been using it. If it turns out that they are using the mark, selling the same types of items as you, and have priority of use, you can always offer to buy the mark from them.... Read More

If they registered the mark before you did, and if they use it in commerce by the time they are required to do so (for clothing) they will likely have the right to use the mark for clothing. Be ware that there are 2 types of US trademark application. One is for things actually being used in commerce, and the other is for intent to use. Either way, the first to file will have priority. However if the application is for an intent to use, the party must actually use the mark in commerce to perfect the application. From what you say, it sounds as if the other party's application has the earliest priority date, but is unclear whether the other party has actually been granted the mark. You probably should engage a trademark attorney to clarify your situation for you.... Read More

Normally a recipe can not be protected under intellectual property laws. However, it may be considered a trade secret if it is something more than your average recipe and you've kept the details secret. If so, you can include it as an additional part of the sale of the restaurant and increase the price accordingly.... Read More