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Joseph J Zito's Answers

Joseph J Zito
Washington Patent Infringement Attorney.
Contributor Level 6

5

Attorney answers:

  1. Joseph J Zito
  2. John Kenneth Fitzgerald
  3. Daniel Nathan Ballard
  4. Nancy Baum Delain
  5. Michael A Blake

Is it possible to have a patent back dated.

Asked by a user in Baltimore, MD - about 2 years ago.

No, it is not possible to have a patent back dated. The searcher in 2006 most likely missed the 1994 patent which can happen for any number of reasons. It is not uncommon for a search to uncover a patent which used the same thoughts, ideas and even words. Good ideas address solutions for common problems which makes it more likely that others are working on solving the same problem and will likely arrive at the same solution.

1 lawyer agreed with this answer

3

Attorney answers:

  1. Pamela Koslyn
  2. Gano Lemoine
  3. Joseph J Zito

How can my brother protect his interest and what legal actions can he take?

Asked by a user in Waite, ME - about 2 years ago.

There is an exception to the "too late" conclusions of the other answers. If the first sale occurred less than one year ago, it may still be possible to file for patent protection. If the first sale was more than one year ago but could fall within the experimental use exception, there may also be time to file for patent protection. Contact and Experienced Patent Litigator ASAP.

1 person marked this answer as helpful

4

Attorney answers:

  1. Daniel Nathan Ballard
  2. Pamela Koslyn
  3. Joseph J Zito

How do I file a complaint for Trademark Infringement

Asked by a user in Canon City, CO - about 2 years ago.

Be careful of answers that are too narrow, this is not strictly a trademark issue. In addition to trademark issues(Federal, State or common law), there may be additional legal recourse to address someone else assuming your name after you have been in business for four years. This is an unfair activity and the law may provide redress in the form of remedies, such as business tort, unfair competition, fraud, passing off, unjust enrichment, and various statutory remedies depending on your state...

3

Attorney answers:

  1. Daniel Nathan Ballard
  2. Mitchell Paul Goldstein
  3. Joseph J Zito

Is watching streaming movies online illegal??

Asked by a user in Cornelius, OR - about 2 years ago.

It is illegal. This is not a close question. It is also likely that someone in the movie industry will eventually start suing these viewers, just as the music industry sued students that download music.

2

Attorney answers:

  1. Pamela Koslyn
  2. Joseph J Zito

How do I find a attorney willing to take on my case on contingency in USA?

Asked by a user in Washington - about 2 years ago.

Do you have a patent or a patent application in the US or in Australia? When did you develop the invention, when did you disclose it and when was it taken and when did it appear in the US?