Jeff Lloyd’s Answers

Jeff Lloyd

Gainesville Intellectual Property Law Attorney.

Contributor Level 6
  1. Does The Applicant For A Pending Patent Have Any Legal Basis For Demanding That Others Stop Selling The Patented Product?

    Answered almost 3 years ago.

    1. Michael Anthony DiNardo
    2. John E. Whitaker
    3. Samuel B. Stone
    4. Jeff Lloyd
    5. Brandon Craig Trego
    6. ···
    6 lawyer answers

    The two answers already posted have done a very good job advising you. I just want to clarify one aspect: A patent owner can be entitled to damages from an accused infringer for infringing activity that occurred before the patent issued and after the LATER of (1) the date the application was officially published by the USPTO, and (2) the date you were first put on notice of the pending application; BUT the patent owner is only entitled to these pre-issuance damages IF the claims in the...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  2. For joint inventions, if one of the inventors can commercialize the invention, what should other inventors do to benefit from it

    Answered almost 3 years ago.

    1. Erik Hammarlund
    2. Jeremiah Kent Jarmin
    3. Jeff Lloyd
    3 lawyer answers

    I strongly recommend you retain an experienced patent attorney to maximize your opportunity to benefit from an invention on which you are a co-inventor. There are many important details left out of your question, but assuming that you are a co-inventor and are properly named on a pending application or issued patent, you should raise this issue with your attorney right away. In general, I believe it is a very good idea for co-inventors to reach agreement at the earliest possible time on...

  3. New Use Patent?

    Answered almost 3 years ago.

    1. Maurice N Ross
    2. Ross Lee Franks Jr
    3. Jeff Lloyd
    3 lawyer answers

    A new use for something old in the art is certainly patentable if it is also a non-obvious use. You do not give very much detail, but the fact that your new use is for a product that was previously patented and for which the patent term has expired could weigh heavily in your favor--assuming that the new use is in connection with a need that previously existed even while the product's patent term was still in force, then the fact that no one else discovered the new use is an indication that...

  4. What are my chances of an Utility Patent that looks similar to Prior Art.

    Answered almost 3 years ago.

    1. John E. Whitaker
    2. Stuart James West
    3. Jeff Lloyd
    3 lawyer answers

    It is tough to be optimistic for you without more information. To obtain a utility patent, your invention must be new, useful, and non-obvious. If your invention has truly never been made out of paper before, then what you have is new. It sounds as if it does something useful (this is a very easy threshold to meet--it doesn't need to work better than other things that are out there, it just needs to have some level of practical utility. "Non-obvious" will likely be your biggest issue....

  5. Can I as the owner of a mark file another trademark for the same mark that has a letter change. ex.

    Answered over 3 years ago.

    1. Maurice N Ross
    2. Daniel Nathan Ballard
    3. Kirk Wilson Goodwin
    4. Jeff Lloyd
    4 lawyer answers

    Yes, you can certainly apply for the second mark, but it will be examined according to the same standards as if you were a first-time applicant. You will need to claim ownership of the first mark in the second application (if you have not done so in the first place, then the examiner should request that you do). If your previously registered mark is the closest one found, the only one with any likelihood of confusion, then it will be OK to register the second mark.