Michael Alan Shimokaji's Answers

I'm the CEO of a Tech startup and need a our business plan evaluated for patentability.

The cost for either patentability or non-infringement can vary widely. However, patentability can have less variability than non-infringement. For patentability, most IP owners will limit the search to countries that might have the highest likelihood of relevant art. For non-infringement, many IP owners will limit the search to the most important competitors. After the search, and a brief review of the results, a more detailed analysis might then be limited to those patents having a high...

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How do you challenge a patent?

Whether someone is an inventor is determined by the claims of the patent application. If a person conceived the subject matter of one or more claims, then the person is an inventor. Therefore, whether a person built the first prototype and/or used the teaching skills of another can be helpful to determine whether the person is an inventor, those factors are not determinative. Michael www.accessipgroup.com<http://www.accessipgroup.com>

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Do I have to file my company trademark separate from the patent of my product?

Yes, your patent application and trademark application need to be separate. They also have different requirements for information to be submitted. Michael www.accessipgroup.com<http://www.accessipgroup.com>

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A patent expired for a device. I improved it drastically. Can I patent my new device and be protected?

Whether you can patent your new device depends on whether 1) someone else has previously made the same invention or, if not, whether 2) your invention is an obvious design in view of what has been invented before your invention. Simply because your invention and the old design have the same utility does not necessarily mean you cannot get a patent. However, the more changes and more improvements you have made over the old design improves the likelihood of you getting a patent. Michael...

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Missing a discovery deadline at the TTAB

Here is an excerpt from the TTAB rules that might help: 509.01(b)(1) In General Where the time for taking required action, as originally set or as previously reset, has expired, a party desiring to take the required action must file a motion to reopen the time for taking that action. The movant must show that its failure to act during the time previously allotted therefor was the result of excusable neglect. See Fed. R. Civ. P. 6(b). But see discussion in TBMP § 508 regarding requirement...

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Patent Pending Query?

Initially, the inventors of the patent have the rights to it. However, those rights can change by contract and/or employment status. Therefore, whether the payment of fees changes the inventor's ownership rights are determined based on any agreement between the company who paid the fees and the inventor, and the employment status, if any, of the inventor. If the inventor was an employee who conceived the invention within the scope of the inventor's employment, then it is likely that that...

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Can I use the word "Venice" in a restaurant name?

You can use geographic words in a trademark as long as they are not mis-descriptive. For example, Venice or Torrance could refer to cities in California. If the use of such a name in your trademark suggests some connection between your business and those cities, but in fact there is no connection, your trademark might be deemed invalid. Michael www.accessipgroup.com<http://www.accessipgroup.com>

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Can our business name be similar to a company that is out of Canada?

Trademark rights exist on a country by country basis. Therefore, trademark rights in Canada do not determine trademark rights in the US, and vice versa. Trademark rights in the US can exist with and without federal registration. Therefore, if you check the USPTO database for a trademark and do not find it, someone can still have trademark rights to the mark you searched. Michael www.accessipgroup.com

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How can you patent a variation of a game?

Legally speaking, the amount of variation has to be enough so that your invention is not obvious to one of ordinary skill in the art. Therefore, the more variations you have will better ensure that your patent application gets through the patent office and issues as a patent. Yes, you would be applying for a utility patent. Michael www.accessipgroup.com<http://www.accessipgroup.com>

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How can you sell your 'ideas' to corporations,companies,etc?

Selling ideas to large companies can be rewarding and challenging. Most large companies will not entertain the purchase of an idea while entering a non-disclosure agreement. On the other hand, you want to protect your idea with a non-disclosure agreement while giving the buyer enough information to make the buyer interested. If you have a software idea to sell, consider filing for a copyright registration, as well as a provisional patent. After doing so, then you may have more room to...

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