I want to bring to life, an idea that i have for a patent that would and could be very useful, but I am afraid that if I put it out there, someone may try to infringing upon it before I get the chance to get it to that point, HELP!!
First, you should file a patent application to establish your inventorship. I always urge inventors to file first, even if by way of a provisional patent application, to preserve their rights. If you can't afford or don't want to file a regular patent application, consider filing a provisional application with sufficient supporting disclosure. You can start marketing as soon as your application is filed, but If your invention is valuable and you don't want to wait the three years or so that it takes from the filing to issuance of the patent, then you should consider filing an expedited patent application, which can have your patent issued in less than a year. Your best bet is to start all this by consulting a patent attorney who can evaluate your particular case and advise you on your options. Good Luck.See question
I am planning for my PCT application to move into National Stage in the US, China, Japan, Germany and a few other European countries. I would like to know how long before I have to pay the bigger expenses and how the European route works. Thanks
In general, the biggest expense is having an attorney write the patent application for the first time. I am assuming you filed this application in the U.S. as a U.S. application and are now getting ready to file in other countries based on your U.S. application. So you have already incurred that expense. After that, the biggest expenses concern prosecution of the patent application in each jurisdiction. Even though a patent application is written only once, it is examined by examiners in each jurisdiction and the standard applied by these examiners is not identical. There are also various filing and translation fees associated with each jurisdiction. Your patent attorney would be in a position to evaluate your particular case and to advise you of your options. Good luck.See question
As to the first part of your question, a provisional patent for a process, as with a product, can be obtained for an invention which meets the three basic and general criteria of 1) utility (meaning the invention is not merely an abstract idea or a goal without specific and practical means of achieving that goal); 2) novelty (meaning the invention is new); and non-obviousness (meaning the invention is more than a trivial variation of what has been done before).
As to the second part of your question, you start the process by preparing a disclosure that enables one of ordinary skill in the field of the invention to arrive at what you claim to be your invention based on the disclosure. Your patent attorney would be in a better position to evaluate your particular case and advise you of your options. Good Luck.See question
Filing provisional patent application allows the term "Patent Pending" to be applied in connection with the description of the invention. Does it also create an obligation to disclose the fact that a patent application was filed, when I describe t...
Any patent application, whether it is a regular or provisional utility patent application or a design patent application, provides its owner with the ability to mark any products covered by the applications as "patent Pending." Failing to mark the product with the patent can reduce damages recoverable due to infringement. However, there is no obligation to mark a product with the patent covering it and no obligation to disclose a patent application to the outside world. A filed patent application is not made public until it is either published or issued, and is not required to be made public by its owner before then. As to the final part of your question, a company is not to assume that information publicly available is unprotected by a patent. Prudent practice informs both individuals and entities to conduct a "clearance check" to make sure the products they plan to produce or invest in are not protected by anyone else's patents. Your patent attorney would be in a better position to evaluate your case and advise you of your options. Good Luck.See question
You have a unique but not patentable product, you find a gender group that has never been exposed to the product. You create Display and Product package with colors meant to target and attract that gender group. No one else is doing this or is sel...
You can’t patent a concept that is a mere idea. You may get a patent an invention which has a practical application and your patent application needs to describe the invention in sufficient detail such that one skilled in the art of the invention is able to arrive at what you claim to be your invention based on the provided disclosure. In general, an invention is patentable if it meets three conditions of utility (practical application), novelty (newness) and non-obviousness (meaning the differences between your invention and what has come before are not obvious). Your patent attorney would be able to evaluate your particular packaging idea and advise you on its patentability. Good Luck.See question
Claims in provisional patent application are optional and while some attorneys recommend not including any claims, others recommend including at least one broad claim with the application. Assuming that the invention description is enabling, what ...
A provisional patent application does not require claims. All that is required for claim priority by a later regular application is that it provide sufficient information and detail such that one skilled in the art of the invention will be able to practice the invention based on the disclosure provided in the priority application. A claim will help if you plan to file foreign patent applications claiming priority to the provisional application as many foreign jurisdictions require at least one claim in the priority application. However, the claim you propose will NOT pass muster for the foreign priority purposes as it is too indefinite. Your patent attorney would be in a better position to evaluate your case and advise you on how to proceed. Good Luck.See question
I have filed a provisional patent application on October, 2013 and a PCT for the same invention on October 2014 (which is where it is today). I have a better design for the invention which I would like to add before the national stage. The claims...
First, it is the claims that define the invention and are the legal "property right" the patent owner is entitled to protect from unauthorized usage, making, selling, offering to sell, and importing by others. The claims, in turn, need to be supported by the specification, and the drawings. if you have a "better design" then I should think your claims would be affected and need to be changed. In that regard, you can’t add “new matter” to your existing application but you can file a provisional or a regular application for the new design to the extent that it is not supported by the original application. If the new design is supported by the original application then you don’t need to file a new application and can just add the new design to the original application. Your patent attorney would be in a position to evaluate your particular case and advise you on how best to proceed. I would also caution you that you are unlikely to succeed in acquiring a patent that can withstand legal scrutiny in a litigation without the assistance of a patent attorney. Good Luck.See question
Do patents cover only the country of production or also the country with the target market for selling the product? For example, if I make a legal product according to my local patent attorney, and the item is produced in my country, should I be c...
There are several aspects to your question. First, You do NOT need a patent to sell a product. You get a patent if you want to EXCLUDE others from making, using or selling the product. Second, the advantage of having a patent attached to a product is the exclusivity that comes with the patent protection, which typically means the patent owner can get a higher profit margin on the sale of the patented product than he would be able to get without the patent. Finally, patents are territorial, meaning they are effective ONLY in the country they are issued. So, for example, your U.S. patent would be ineffective in Europe and anyone can make, use or sell your product in Europe. In your example, if you have a U.S. patent, you could still sell in Europe but so could anyone else. The U.S. market, however, would belong to you for the life of the patent. Your patent attorney would be in a better position to evaluate your particular case and to advise you of your options.See question
If the trademark "UP" is trademarked for the international class for apparel ( IC 025), but only specifies the products of shirts and socks under that trademark. May another company trademark the same name "UP" under the the same international cla...
The answer to your particular question is NO. The standard the PTO will apply to decide if it will grant the second trademark is "likelihood of confusion" i.e., whether consumers would believe that the two items come from the same source. If, as in your example, a trademark is registered to identify shirts and socks, the consumers would likely believe that the second trademark used to sell hats and shorts is from the same source as the first.
Your trademark attorney would be in a better position to evaluate your particular case and to advise you of your options. Good Luck.See question
I know that there is a Community Trademark system in Europe. Is it better to use this EU-Wide system or to file one's trademark applications country by country?
As you point out, you can obtain trademark protection at the Community level by filing an application for registration with the national/regional trademark office and paying the required fees. If successful, you will receive a trademark which is protected in all member countries.
At the international level, you have two options: either you can file a trademark application with the trademark office of each country in which you are seeking protection, or you can use WIPO’s Madrid System. The advantages of filing under the Madrid protocol include simplicity of filing, costs and easier maintenance. The disadvantages include limitations on the types of goods and services that can be covered by the mark and the dependence of the mark in the later designated countries on the underlying designation. Your Trademark attorney would be in a better position to evaluate your particular case and advise you of your options. Good Luck.See question