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Patents Questions & Answers
Q: How do I go about purchasing an existing Patent?
H. Scott Aalsberg Esq.'s answer
You can contact the owner of the patent with an offer, I highly suggest that before you do this that you talk to a local patent attorney lawyer. Good Luck
You can contact the owner of the patent with an offer, I highly suggest that before you do this that you talk to a local patent attorney lawyer. Good Luck
Q: US 20130320168 A1 Is this a utility patent or a design patent? Can I build a different design without infringing on it?
Rubaiat Mashraq's answer
US 20130320168 A1 "Mounting bracket for supporting an article" is a utility patent application, not a design patent. If you want to build a different machine (product) without infringing on it, you would have to make sure your product is not equivalent to this patent application or any other related patent or patent applications. You have to make sure that your product does not contain elements identical or equivalent to each claimed element found in each of the related patents. If you...
US 20130320168 A1 "Mounting bracket for supporting an article" is a utility patent application, not a design patent. If you want to build a different machine (product) without infringing on it, you would have to make sure your product is not equivalent to this patent application or any other related patent or patent applications. You have to make sure that your product does not contain elements identical or equivalent to each claimed element found in each of the related patents. If you...
Q: I want to buy expired patent US3456661. So what should I need to do?
Rubaiat Mashraq's answer
US 3456661 "Windproof umbrella" patent had effective filing date and priority date Feb 13, 1967. Patents are granted for 20 years, and accordingly this patent has expired long ago.
Once a patent is expired, the technology it covers falls in the public domain; that is, it is not owned by anybody, and everybody can use the technology without paying any assignment or licensing fee. So, there is no need to buy an expired patent.
The underlying public policy for granting a patent...
US 3456661 "Windproof umbrella" patent had effective filing date and priority date Feb 13, 1967. Patents are granted for 20 years, and accordingly this patent has expired long ago.
Once a patent is expired, the technology it covers falls in the public domain; that is, it is not owned by anybody, and everybody can use the technology without paying any assignment or licensing fee. So, there is no need to buy an expired patent.
The underlying public policy for granting a patent...
Q: Just wondering how long it takes to create a patent, what the cost involved is and is it internationally recognised ?
Changi Wu's answer
It depends. Factors to affect the cost of creating a patent may involve, at least, the type of invention, the complication of your invention, the clarity of your invention description, the quality of the patent drafting and drawing, the countries you want to cover the protections. Normally, it will take at least 3 years to get through the process. For filing patent internationally, you may file a PCT patent applications. You should contact a patent attorney to get more information, have a free...
It depends. Factors to affect the cost of creating a patent may involve, at least, the type of invention, the complication of your invention, the clarity of your invention description, the quality of the patent drafting and drawing, the countries you want to cover the protections. Normally, it will take at least 3 years to get through the process. For filing patent internationally, you may file a PCT patent applications. You should contact a patent attorney to get more information, have a free...
Q: How so I know if something is patented ?
Changi Wu's answer
You can use Google patent search for granted patents and published patent applications. However, it is not sure whether Google has updated and retrieved 100% from the most current database from USPTO or European Patent Office.
For most timely information of granted patent and published patent application under USPTO, you should go to USPTO's PatFT (for granted patents) and AppFT (for published applications). Also, European Patent Office or WIPO has search tools too. However, these...
You can use Google patent search for granted patents and published patent applications. However, it is not sure whether Google has updated and retrieved 100% from the most current database from USPTO or European Patent Office.
For most timely information of granted patent and published patent application under USPTO, you should go to USPTO's PatFT (for granted patents) and AppFT (for published applications). Also, European Patent Office or WIPO has search tools too. However, these...
Q: Can patent applications be modified between "Filed" date and "Publication Date"? If so, where are previous versions?
Changi Wu's answer
Amendments may be allowed, if the amendments are submitted in sufficient time to be entered into the application file before technical preparations for publication of the application have begun (generally four months prior to the projected publication date). However, while USPTO will attempt to use the amendments submitted by applicants, applicants are not entitled to have the amendments used in the publication. Therefore, there is no guaranty for publication of the amended application. You may...
Amendments may be allowed, if the amendments are submitted in sufficient time to be entered into the application file before technical preparations for publication of the application have begun (generally four months prior to the projected publication date). However, while USPTO will attempt to use the amendments submitted by applicants, applicants are not entitled to have the amendments used in the publication. Therefore, there is no guaranty for publication of the amended application. You may...
Q: how to do the patents in india?
Changi Wu's answer
Before you think of patenting your invention india, you should check whether, under your employment agreement, you are required to assign the patent to the institution you work for? Also, according to US patent laws, if the invention is invented in the US, you may file patent outside US unless you have filed patent in US and passes a waiting period, or you received a special petition granted from USPTO. Violation of this will invalidate or bar your patent in US. If everything is cleared, you...
Before you think of patenting your invention india, you should check whether, under your employment agreement, you are required to assign the patent to the institution you work for? Also, according to US patent laws, if the invention is invented in the US, you may file patent outside US unless you have filed patent in US and passes a waiting period, or you received a special petition granted from USPTO. Violation of this will invalidate or bar your patent in US. If everything is cleared, you...
Q: I was wondering if a Patent ever expires,
Changi Wu's answer
Generally, utility patent is valid for 20 years from the date of filing, and design patent is 14 years from the date of grant. However, if the patent has claimed a priority date prior to the filing date, the 20 years will be calculated based on the priority date, which will make the patent expire earlier. Also, in some situation, the patent term will be adjusted for other reasons, either being shorten or extended. In addition, lack of paying maintenance fee will cause the patent to expire...
Generally, utility patent is valid for 20 years from the date of filing, and design patent is 14 years from the date of grant. However, if the patent has claimed a priority date prior to the filing date, the 20 years will be calculated based on the priority date, which will make the patent expire earlier. Also, in some situation, the patent term will be adjusted for other reasons, either being shorten or extended. In addition, lack of paying maintenance fee will cause the patent to expire...
Q: I have been purposefully excluded from a patent and I still retain the data used for the patent. What can/should I do?
Changi Wu's answer
If you are the inventor or co-inventor but are excluded from the patent, you may institute a petition to Patent Trial and Appeal Board or bring a litigation into federal district court. You should contact a patent attorney to evaluate your case.
If you are the inventor or co-inventor but are excluded from the patent, you may institute a petition to Patent Trial and Appeal Board or bring a litigation into federal district court. You should contact a patent attorney to evaluate your case.
Q: Is there pro bono patent and NDA help in Pittsburgh, PA?
Changi Wu's answer
Since patent law is a federal law, you do not need a PA attorney to assist you to prosecute your patent application or similar matters in front of USPTO. However, if your patent case is in litigation, regardless in state court or federal district court in PA, you will need a PA licensed attorney to represent you. If it is a USPTO matter, you may contact patent attorneys in this board, like me, who provides pro bono service or a reduced fee service for solo inventors.
Since patent law is a federal law, you do not need a PA attorney to assist you to prosecute your patent application or similar matters in front of USPTO. However, if your patent case is in litigation, regardless in state court or federal district court in PA, you will need a PA licensed attorney to represent you. If it is a USPTO matter, you may contact patent attorneys in this board, like me, who provides pro bono service or a reduced fee service for solo inventors.
Q: My patent was stolen by a relative while I was planning, the idea should I sue him?
Robert Jason De Groot's answer
Probably, but you need to have a full discussion with a patent attorney about this.
Probably, but you need to have a full discussion with a patent attorney about this.
Q: Are all United States Patents good Internationally?
Adam Studnicki's answer
Generally speaking, patent rights generally apply to the country in which the patent is granted, but patent protection may be sought in multiple countries. A local patent lawyer can advise based on your specific circumstances.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to...
Generally speaking, patent rights generally apply to the country in which the patent is granted, but patent protection may be sought in multiple countries. A local patent lawyer can advise based on your specific circumstances.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to...
Q: how different must a product be from another product already patented?
Adam Studnicki's answer
This is a very fact-specific analysis. A local patent lawyer can review your specific situation and advise.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly...
This is a very fact-specific analysis. A local patent lawyer can review your specific situation and advise.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly...
Q: How do I know if a US patent for a product extends outside of the US?
Adam Studnicki's answer
Patents can be filed in other countries. A local patent lawyer can assist you with this.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to...
Patents can be filed in other countries. A local patent lawyer can assist you with this.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to...
Q: These are my deceased fathers patents. A man is making his work and selling them under a different name. How can I fight
Adam Studnicki's answer
Talk to a patent litigation lawyer about patent enforcement rights and options.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult...
Talk to a patent litigation lawyer about patent enforcement rights and options.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult...
Q: Hello. What is correct procedure to obtain a patent for a casino game I invented?
Adam Studnicki's answer
Patents are technical and complicated. Talk to a local patent lawyer for assistance in filing a patent.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly...
Patents are technical and complicated. Talk to a local patent lawyer for assistance in filing a patent.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly...
Q: There are patents filled under my fathers name after he past away , is there any recorse i can take with the company ?
Adam Studnicki's answer
More information is needed to answer. Talk to a local patent or probate lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult...
More information is needed to answer. Talk to a local patent or probate lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult...
Q: do i need a lawyer when creating a product
Adam Studnicki's answer
If you are considering protection of intellectual property (which is a good idea), talk to a local intellectual property lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and...
If you are considering protection of intellectual property (which is a good idea), talk to a local intellectual property lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and...
Q: My father had this patent and never received anything from it. Is there anything I can do with it?
Adam Studnicki's answer
Depends who owns the patent and if the product is marketable. Talk to a local patent lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you...
Depends who owns the patent and if the product is marketable. Talk to a local patent lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you...
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