Patent Application Legal Advice (186 found)

Narrow your search

Sort by  
Question

Gerry J. Elman
Gerry J. Elman's answer
Contributor Level 4

Gee, that's a question without an easy answer. The first thing I'd suggest you...
Mason Boswell
Mason Boswell's answer
Contributor Level 4

There are two fronts you want to operate on: 1) Invalidate any patents the...
Jeffrey Thekdi Gedeon
Jeffrey Thekdi Gedeon's answer
Contributor Level 4

in the US, patents are grated to individuals who invented the *claimed*...
Mason Boswell
Mason Boswell's answer
Contributor Level 4

When you say "wants his name on the patent" you should distinguish between...
Question

Daniel Nathan Ballard
Best Answer: Daniel Nathan Ballard's answer
Contributor Level 7

I join the chorus. If you mark your product "patent pending," however, be real...
Timothy Mark Donoughue
Timothy Mark Donoughue's answer
Contributor Level 3

Yes, as it is factually true. Of course, be sure not to say or imply that a...
Question

Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

In addition to Mr. Klosowski's super response, consider this: if someone's...
Bernard Samuel Klosowski Jr.
Bernard Samuel Klosowski Jr.'s answer
Contributor Level 4

Look to the claims. If the claims of the later patent are sufficiently...
Question

Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

As noted by my colleague, yup. Be forewarned though - if you add new...
Jeffrey Thekdi Gedeon
Jeffrey Thekdi Gedeon's answer
Contributor Level 4

Yes, that is the point of the provisional application. The provisional...
Question

Adam L.K. Philipp
Adam L.K. Philipp's answer
Contributor Level 4

For a utility patent you can start with a provisional application, in which...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

You need to your own research: http://bit.ly/4fW4up. Good luck.
No photo
Steven M Greenberg's answer
Contributor Level 2

Irrespective of the nature of your business relationship with your attorney,...
Nancy Baum Delain
Nancy Baum Delain's answer
Contributor Level 5

I agree with Mr. Greenberg's analysis. The drafting and development of a patent...
Question

Gerry J. Elman
Gerry J. Elman's answer
Contributor Level 4

In general, no. Under U.S. patent law, one's own disclosure of the invention,...
Jeffrey Thekdi Gedeon
Jeffrey Thekdi Gedeon's answer
Contributor Level 4

In general, you must file a patent application within one year from the first...
Alan James Brinkmeier
Alan James Brinkmeier's answer
Contributor Level 10

Click the Lawyer Search tab for your state in the upper right portion of your...
No photo
Paul Dalley's answer
Contributor Level 3

From your question, it sounds like you are in a sticky situation. I assume that...
Jeffrey Thekdi Gedeon
Best Answer: Jeffrey Thekdi Gedeon's answer
Contributor Level 4

Typically you have one year from the US filing to file internationally for...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

Time for you to hire an intellectual property attorney. This is your fifth or...
Jeffrey Thekdi Gedeon
Best Answer: Jeffrey Thekdi Gedeon's answer
Contributor Level 4

yes, but you might get what you pay for. It is possible that the attorney that...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

Yes. Assuming you pay for it, you own the results of the patent search.
Question

Jeffrey Thekdi Gedeon
Jeffrey Thekdi Gedeon's answer
Contributor Level 4

When it comes to infringement, all that matters are the *claims* of the patent...
Steven L. O'Donnell
Steven L. O'Donnell's answer
Contributor Level 5

Without seeing your application and the patent, this is impossible to answer....
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

Jeff and William have already provided you with really good information. As...
Jeffrey Thekdi Gedeon
Jeffrey Thekdi Gedeon's answer
Contributor Level 4

the important thing to appreciate in this circumstance is that just because the...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

Lots of ambiguities and left-out facts in your question. I'm going to...
Jeffrey Thekdi Gedeon
Jeffrey Thekdi Gedeon's answer
Contributor Level 4

In addition to the information already provided, I think the simply answer to...
Bernard Samuel Klosowski Jr.
Bernard Samuel Klosowski Jr.'s answer
Contributor Level 4

Either of the dates you describe could be the "trigger" date depending on the...
Question

Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

As already noted, a process patent or trade secret protection are your two...
Ronald K. Phillips
Ronald K. Phillips' answer
Contributor Level 5

Two possiblities come to mind: process patent and trade secret. To protect...
Bernard Samuel Klosowski Jr.
Bernard Samuel Klosowski Jr.'s answer
Contributor Level 4

Technically, you can't get a patent on an "idea" - the patent law explains that...
Question

Steven Alan Fink
Steven Alan Fink's answer
Contributor Level 8

Yes, with full disclosure that it is waiting approval and the warning that it...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

Sure. What you're selling is a patent application -- not a patent. If the...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

There's no getting around the fact that, since you now know of the patent, you...
Sanjin Mutic
Sanjin Mutic's answer
Contributor Level 3

If this is a business interest for you. Hire an attorney to draft do an...
Question

Kurt Van Thomme
Kurt Van Thomme's answer
Contributor Level 5

The below does not constitute legal advice, does not form an attorney-client...
Mario Sergio Golab
Mario Sergio Golab's answer
Contributor Level 5

Two possible reasons. 1. At least 18 months have not passed since application....

Ask a Question

Get free answers from real lawyers.

Patent Application Resources