I have a strategy that if implemented could make a company lots of money. Though I have concerns due to the fact that much of what I have read and heard. Ideas are not protected like a product for patent.
Short Answer: You could try to obtain a patent for your invention
An invention is eligible for patent protection if it meets three basic criteria 1)It is useful, meaning it has some practical application; 2) it is new, meaning it has not been done before; and 3) it is non-obvious, meaning the differences between the invention and what has come before it is more than trivial. In your case, your invention appears to have practical utility (i.e., improving business profits). A search of the prior art should reveal whether it is new; and, your patent attorney can advise you on its non-obviousness. Now, it IS true that business method patents are subject to enhanced scrutiny but the obstacles are not prohibitive. Again, consult with a patent attorney about your particular case. Good Luck.See question
I had a customer come into my job, late after hours, that had called earlier extremely rude and stating we "better be open" when she "feels like arriving." I gave the time we closed, and she showed up after hours, extremely rude, harassing and scr...
It all depends on the content posted on Yelp. IF the posting is defamatory under the applicable law, then, yes, you can ask Yelp to take it down, and, take legal action against the customer who posted it and Yelp to force them to take it down. It is very likely, however, that the customer merely reflected his/her own experience in her posting, in which case take down or other legal action would not be warranted. Your attorney with experience in such matters would be able to evaluate your particular case and advise you of your options. Good Luck.See question
I filled out an application and submitted payment for a book that I wrote. Since it was efiled I'm being told that it could take up to 8 months for the process to be completed. Do I need to wait for the process to be completed before I can print a...
Short Answer: No you don’t need to wait
Copyright protection in a work attaches (comes with) the creation of the work in a tangible medium. So your copyright protection is already in existence. However, registration provides you with more robust rights. For example, in the event of litigation, registration allows recovery of attorneys fees and entitles you to statutory damages to the copyright owner, which can go up to $150K for willful infringement. In addition, registration provides a presumption of validity and ownership of the copyrighted work. However, registration needs to be before the work is published or within three months of it, to maximize its benefits. Your copyright attorney will be in a better position to advise you. Good Luck.See question
We are wondering if we need to copyright the idea, If so, we are looking ofr a local copyright attorney in the Modesto, Stockton, Sacramento or Tri-Valley area of CA.
Short Answer: Your idea may quality for patent protection
An invention is patentable if it meets three basic conditions. It needs to be useful (meaning it can't be an abstract idea and has to have a practical application); it needs to be new (meaning what has already been done can't be patented) and it has to be non-obvious (meaning that compared to what has come before it, the differences are more than trivial.) Typically, your patent attorney starts by ordering a search of the prior art to find out what is out there. He/she will then compare the search report with your invention and identify the patentable differences, if any. Your patent attorney would be in a position to evaluate your particular invention and advise you accordingly. Good Luck.See question
I am a recently retired man of 68yrs ,I came up with this invention after hearing the inventor of the K-cup coffee maker say publicly his regretting inventing the coffee machine because of the plastic K-cups. The K-cups are made of plastic and no...
There are a few ways to do this. First, file a provisional patent application by visiting the USPTO website and following instructions. That will give you one year to find an investor or liceness to file the regular patent application and market your product. Second, you can write to companies who may be intereseted in your product. If you do that, make sure not to disclsoe the details unless they sign a non-disclosure agreement; finally, you can keep your invention a secret until you can afford a patent attorney. None of these options are ideal and each have their drawbacks. Good Luck.See question
Its a great idea. I am worried to tell it to anyone.
Short Answer: Yes, if you are seeking exclusivity for your invention
First, don’t forget you don’t need a patent to sell a product, only if you don’t want anyone else to use or sell your invention without your permission. Unlike trademarks and copyrights, patent rights are completely lost IF they are not timely protected. So, If you publically disclose your idea before filing for a patent application, you will lose all your rights in most countries outside of the U.S. In the U.S. you still have one year from such a public disclosure to apply for patent protection, but even here, if someone else independently develops and files for a patent before you do, that application will have priority over yours.
Your patent attorney would be in a better position to evaluate and analyze your particular situation and advise you of your options. Good luck.See question
Each piece of jewelry is made to order and therefore unique in that way....but not sure if I need a patent or if I can even get one ? Any help would be appreciated
Short Answer: You don’t need a design patent but it would give you exclusivity for the design
Legally, you are not required to obtain patent, or other intellectual property protection for any item in order to sell it. You DO, however, need such protection if you want to have exclusivity for the product (in your case, for the jewelry design). In addition to design patent, you may be able to get copyright protection for the jewelry design and, in some cases, even a utility patent is possible. Your intellectual property attorney would be in a better positon to evaluate your case and advise you of your options. Good luck.See question
I have an invention and received a provisional patent before applying for both a Design and Utility Patent. The Design Patent has been granted. The Utility Patent has been denied twice for reasons I feel are not accurate. After my Utility patent a...
Short Answer: You need not give up on your utility patent
First, be aware that most utility patent applications are rejected (often more than once) before they are accepted by the Patent Office. In my experience, I would say this is more the result of the way the examiners are trained. They are obligated to complete examination in a limited amount of time and it is often easier for them to kick the ball back into the inventor's corner and ask the inventor to show them the novelty points of the invention. Your patent attorney would be in a better position to explain the workings of PTO and to help you get your patent application to allowance. Good luck.See question
I have done my own searching on this invention and nothing close has come up (searched uspto, internet...etc.). I have not finalized my idea, but want to move on obtaining a provisional patent. Do I need a search clearance now, or would it advis...
Short Answer: A patent search, though not required, is highly advisable.
In order to receive a patent, your invention needs to be new and non-obvious when compared to what has come before (prior art). The way to find out what has come before is to do a prior art search. So in that sense you do need a prior art search done before you file a patent application. The PTO does NOT require a search, rather, the patent examiner assigned to your case will conduct a search at the time he/she examines your application. So, to sum up, a patent search, though not required, is highly recommended.
Your patent attorney would be in a better position to evaluate your particular case and to advise you of your options. Good luck.See question
If you file a provisional patent and someone comes and files a non provisional right after yours-Do you have rights to your invention over theirs as long as you proceed with the non provisional before the 12 months is up to keep your patent withou...
Under the U.S. Patent system, the first inventor to file gets priority over a later filed application. So in your hypothetical, the first application receives the patent. However, the inventors' rights in a patent are to the claims, which define the invention. The claims, in turn, must be supported by the disclosure (i.re. the specification and drawings) of the patent. Support is measured by reference to a person of ordinary skill in the art. In other words whether that person will be able to arrive at what the inventor claims to be his/her invention by following the disclosure much like a recipe.
Your patent attorney would be in a better position to evaluate your particular matter and advise you of your options. Good luck.See question