Craig Andrew Redinger's Answers

Can I appeal a patent application that was denied

For an invention to be patentable, it must be novel and non-obvious in light of the prior art. If an invention already exists, either physically or in a published description that would allow skilled persons to make the invention (i.e. a patent or patent application), it is not novel. If the invention departs from the prior art only in trivial respects, it is considered obvious. From the information that you provided, I would guess that the attorney that you hired discovered one or more...

2 lawyers agreed with this answer

2 people marked this answer as helpful

Selling tee shirts

The following is not legal advice. I reccomend that you consult an attorney before proceeding. Generally speaking, copyright protection does not exist for short phrases. However, The California Milk Processors Board is the owner of a federal trademark registration for "Got Milk?" Trademark infringement lies where there is a likelihood of confusion. This is determined by a multi-factor test, with the primary factors being the relatedness of the marks and the relatedness of the goods or...

1 person marked this answer as helpful

Failure to respond to office action

Even though the three-month deadline for response to the office action has passed, you may still file a response to the office action within six months of the mailing date upon payment of an extension fee. If you file by 12/05/08, a one-month extension fee of $65 will apply. If you respond between 12/06/08 and 01/05/09, a two month extension fee of $245 applies. Between 01/06/09 and 02/05/09, a three month extension fee of $555 applies. (Source: USPTO Fee Schedule: http://www.uspto.gov/web/...

1 lawyer agreed with this answer

1 person marked this answer as helpful

If i haven't registered my music, and someone else does without my permission, what are my rights.

The following is intended to be instructive in nature, and does not constitute legal advice. You acquired a copyright, as a matter of law, when you created your work. Unless you granted rights to your client in your contract with them, their use of your material will likely be copyright infringement. A copyright registration, by itself, does not necessarily violate your rights. However, depending on the facts in play, their copyright registration may be invalid for failing to acknowledge...

1 person marked this answer as helpful

Received cease/desist order from jewelry designer, what recourse can I expect, & what should I do beyond complying w/ the reques

Please consult an attorney in your area regarding this matter. Even after complying with the request, you can be sued. After you fully explain the underlying facts to him or her, an attorney can explain your options, and potentially negotiate a resolution with the other party that will avoid a lawsuit.

How do you stop someone else from creating a patent on your product?

To supplement Mr. Ballard's comments, it is important that you determine who the rightful inventor of the invention is. If the employee, by himself, is the inventor, U.S. patent law permits him to file a patent application in his own name. Your company's rights in his invention will vary depending on the circumstances involved, but may include a right to use the invention without compensating the inventor, or to demand that the inventor assign the invention to your company. You should consult...

Can I trademark my logo/company name if I'm only using it in a publicly viewable entertainment website?

I agree with Mr. Ballard. Using a mark in connection with a freely available comic strip should be considered a sufficient use of the mark in commerce to support a Federal trademark registration. I suggest that you consult an attorney to review your website. He or she can give you a definite answer and, if necessary, suggest changes to your website that would render your use a trademark use.

Is it illegal to go on someones facebook account if you have knowledge of their password

The following is not legal advice. Assuming that you are not authorized to use the account, doing so could be a violation of Federal Law, namely 18 U.S.C. § 2701 (the Stored Communications Act) or 18 U.S.C. §1030(a)(2) (the Computer Fraud and Abuse Act). These laws have been utilized to prosecute unauthorized access to a web-based email account. See http://cyberlaw.stanford.edu/packet/200811/david-kernell-indicted-under-computer-fraud-and-abuse-act-hacking-gove

How can I be listed as primary author of patented device

To make sure that you are the first named inventor, such that your name is listed on the face of the issued patent, you should contact your attorney as soon as possible. Your attorney can file an updated declaration and/or application data sheet, listing you as the first named inventor. However, if you do not do this prior to issuance of the patent, you will not be able to get the patent re-published. Regards, Craig