Sadiq Aziz Ansari's Answers

Intellectual property infringement

There is nothing to do. If you had an invention 10 years ago, you should have applied for a patent instead of giving it away for free to a company. Unfortunately, that's the only thing one could say about your question as it is - could you provide more details about what industry the company is in, what kind of idea you submitted, whether you actually had an invention or just an idea, etc.? **This post does not constitute legal advice, nor does it create any attorney-client relationship...

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How significant a modification, must be made to an existing patented design in order for you to bypass that patent?

You're referring to a "design" but I assume you're not talking about a "design patent" (how something looks) and are in fact referring to a "utility patent" (how something works, what something is made of, how to use something, etc.). In order to determine whether your product infringes a patent, you must look at the claims of the patent. First, you construe the patent claims. This means determining what each word in the claim means. You generally look to the plain meaning of the word,...

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I have a patent pending. Can it be infringed upon?

I think what you're asking is, now that you've filed your patent application, can someone ELSE who files later also get a patent on the same thing? The short answer is no - your application can be rejected under existing PRIOR art, but a later filed patent application would not constitute prior art (in 99% of cases). **This post does not constitute legal advice, nor does it create any attorney-client relationship between Sadiq Ansari and any other individual or entity.**

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A hypothetical that relates to my invention: What IP strategy would you recommend if I created the first pair of cufflinks?

While Daniel's answer is ideal, it's unfortunately unreasonable to think that inventors would take the time to actually *learn* about the patent process. If you don't feel like studying up on the topic, ask yourself these questions: 1. Do I know how to make my invention? Do I know how/why my invention works? 2. Is my invention novel? Is there anything out there that I know of that already does the same thing? 3. Is my invention non-obvious? Could someone have made some minor...

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Intellectual property infringement

Friendster, Yahoo!, Apple. Facebook, Google, Microsoft. The first 3 had great ideas. The second 3 "stole" the ideas and made better products. The question for you becomes, why did you yourself not follow through on your own idea? An idea to do something is not, has never been, nor will it ever be protected under any kind of law. **This post does not constitute legal advice, nor does it create any attorney-client relationship between Sadiq Ansari and any other individual or entity.**

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Patent for web application

I would also recommend checking out the book "Patent it Yourself," not necessarily with the goal of patenting it yourself, but with the goal of learning about the patent process and saving time when speaking with an attorney.

Am I infringing on a patent design law?

Just to clarify - did their email acknowledge the difference in designs? Also, do you know if it is a design patent or a utility patent? In any event, you should get in touch with an attorney to discuss the specifics of your case.

Can I file a patent on our existing product ?

Probably not. Double-check with a patent attorney, giving him/her all the facts to be sure.

I have an idea for a product, though it has a similar use to another patented product

First question: Infringement It does not matter if the product is not produced at this time, only that the patent is still in effect. Look at the claims of the patent. The claims are the individually numbered sentences at the end of the patent document (I'm assuming you have the patent in front of you - if not, enter the patent number into www.freepatentsonline.com). Determine if the claims describe what you are doing. If your method, or products, are not covered by the patent, then you...

What is a provisional patent application and how can I file for one in New York state

A provisional patent application is a low-cost "placeholder" in the US patent office. It establishes proof that you owned the invention at the time you filed it. Within a year, you file a non-provisional patent application that is based on the provisional. The non-provisional is your "real" application. The non-provisional gets examined by an examiner, and eventually can issue as a patent. The provisional patent application on the other hand is never examined. Your provisional patent...

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