Dylan O Adams's Answers

Federal and WA state patent law

A patent search can cost anywhere from $1000 to $4000, or more, depending on how thorough of a search you want to perform. However, you should be aware that potentially relevant patent applications remain secret for 18 months from filing and that other relevant “prior art” may simply be overlooked given limited search time. Accordingly, even a good patent search will not be perfect and may not provide you with the answers you want. That being said, many clients find it more cost...

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Procedure for protecting intellectual property of original board game design

Your game may be protected by copyrights, trademarks and/or patents. Ideally, you should use all three types of protection, if possible. Regarding patent protection, it may be available assuming your game is new and non-obvious in light of existing games, patents, or other publications. Patent protection will likely give you the broadest and strongest protection; however, trademark and copyright protection will still be important. As far as infringement, it may be worthwhile to see if...

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Regarding Patent for existing invention

Improvements to an existing idea or invention are patentable assuming the improvement is new and non-obvious in light of known technology in the field of art. Without knowing more, it’s impossible to know if your invention would satisfy these criteria. To obtain a patent, you should talk with a patent attorney to determine what type of patent application makes the most sense given your situation, budget and the type of invention. The two main options are to file a provisional or non-...

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If a patent number cannot be found on the USPTO website itself, is it expired?

Issued patents are public record, even after they have expired, so you should always be able to look up a reference at the PTO. The best way to determine if a patent is still enforceable is to look it up at the PTO website (www.USPTO.gov). Other internet resources may not be up-to-date, or may simply be inaccurate. Companies commonly confuse "patent pending" with having an issued patent, and may even incorrectly claim that they have a patent. Additionally, the term for patents is...

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Can a company own a concept?

Unfortunately, concepts like this can be difficult, if not impossible to protect. To obtain a patent, your idea must be new and non-obvious, but it must also be embodied in a process or physical object. It is possible to obtain a “business method” patent, but getting such a patent is VERY difficult, especially if all you have is a broad concept like you suggest. Additionally, if you can establish a look and feel of the business that makes it distinct, you may be able to obtain trademark...

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Employer and employee filed a joint patent, employer is threatening legal action what are my rights under WA state fedeal laws

Mr. Ballard's response is spot on and I concur. Additionally, I would like to clarify how ownership or "title" to a patent works. Any person who contributes to the invention of subject matter in at least one claim in a patent application MUST be named as an inventor in the application. By default, each inventor owns a proportional share; however, each inventor would have a right to license, sell, enforce or otherwise use any patent rights without consent of any of the other inventors....

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Can I appeal a patent application that was denied

It is not entirely correct that you cannot patent an “idea.” Generally, processes and physical products are patentable. Accordingly, as long as your idea is embodied in a process or product, it may be patentable. The standard is simply whether you would be able to enable “one of ordinary skill in the art” to make and use the invention based on your patent application. An actual prototype is NOT required — a patent application is constructive reduction to practice. Additionally, your...

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If a patent number cannot be found on the USPTO website itself, is it expired?

Issued patents are public record, even after they have expired, so you should always be able to look up a reference at the PTO. The best way to determine if a patent is still enforceable is to look it up at the PTO website (www.USPTO.gov). Other internet resources may not be up-to-date, or may simply be inaccurate. Companies commonly confuse "patent pending" with having an issued patent, and may even incorrectly claim that they have a patent. Additionally, the term for patents is...

Failure to respond to office action

If it’s true that your attorney did not send you a copy of the office action for three months, this is certainly an unacceptable time frame. However, I’m not sure what sort of “legal recourse” you are looking for. Although you will likely be required to pay an extension of time fee to file an office action response, you have not suffered any damages aside from a delay of a few months. While this may seem like a long time to you, in the life of patent prosecution, it’s not very long. If...

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Where can I find sample completed trademark applications

I would suggest going to www.uspto.gov for guidance on filling out trademark applications. The trademark office website has good resources to help you fill out forms and you can search existing trademark files and view what others have submitted. Do a trademark search, select a mark that you believe is relevant, then select the button labeled "TARR Status" and then select the link "Trademark Document Retrieval" near the top of the page. From here you can review submitted documents....

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