California Patent Application Legal Advice (48 found)

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Nancy Baum Delain
Best Answer: Nancy Baum Delain's answer
Contributor Level 5

A patent is a set of rights to exclude others from practicing the invention in...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

There is no such thing as an "international patent." Every individual country...
Question

Gerry J. Elman
Gerry J. Elman's answer
Contributor Level 5

In September 2008, the U.S. Court of Appeals for the Federal Circuit explained...
James Juo
James Juo's answer
Contributor Level 5

Whether the "noticible difference" between your design and their design patent...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

You should review the bazillion patents and patent applications that are...
Mario Sergio Golab
Mario Sergio Golab's answer
Contributor Level 6

An idea, that is new, useful and non-obvious may be patented, never copyrighted....
Question

David Hamlin Madden
David Hamlin Madden's answer
Contributor Level 7

A protest is different from an interference. An interference may be declared...
James Juo
James Juo's answer
Contributor Level 5

A patent protest may be filed to submit information that would show that it...
Question

Bernard Samuel Klosowski Jr.
Bernard Samuel Klosowski Jr.'s answer
Contributor Level 5

The "better" approach might be to file the protest to stop the "bad patent from...
Jeffrey Thekdi Gedeon
Jeffrey Thekdi Gedeon's answer
Contributor Level 4

if you have prior art references that could invalidate the patent, or at least...
Question

Gerry J. Elman
Gerry J. Elman's answer
Contributor Level 5

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...
Question

Byron M.G. Sanford
Byron M.G. Sanford's answer
Contributor Level 4

Determination as to whether something represents an infringement on the...
Question

Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

First, don't use real names on this public forum. Second, you're doing this...
Question

Gerry J. Elman
Gerry J. Elman's answer
Contributor Level 5

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...
Gerry J. Elman
Gerry J. Elman's answer
Contributor Level 5

The first two attorneys to address this question responded from the perspective...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

The USPTO doesn't judge how good your goods or services are, they just act as...
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....
Thomas H Jackson
Thomas H Jackson's answer
Contributor Level 3

The ultimate test for trademark infringement is confusion in the marketplace....
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Acquiring trademark rights can and should cost some money, but it doesn't have...
Question

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

Very generally, patent attorneys charge about $7,500 to prepare and file a...
Kaiser Wahab
Kaiser Wahab's answer
Contributor Level 7

There is no easy way to answer your question. There are many elements to a...
Question

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

Yes, this is not uncommon. If you are solo-inventor or a business that doesn't...
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...
Question

Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Yes, you should consult with an IP lawyer to see if you can patent this. You've...
Dana Howard Shultz
Dana Howard Shultz's answer
Contributor Level 7

I agreed completely with Ms. Koslyn. In addition, it appears that you may have...
Question

Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Much of IP law has federal jurisdiction, so a lawyer can be licensed in any...
James Juo
James Juo's answer
Contributor Level 5

Whether it is required to employ an attorney licensed in a specific state...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

LInked below is a "do it yourself" guide written for non-lawyers. But patent...
Adam L.K. Philipp
Adam L.K. Philipp's answer
Contributor Level 4

If writing your own application is a little too daunting, a provisional patent...
Question

Bernard Samuel Klosowski Jr.
Bernard Samuel Klosowski Jr.'s answer
Contributor Level 5

You might have a case for copyright infringement, but your facts suggest that...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

I agree with the first answer. Virtually no copyright infringement on Avvo can...
Question

David Hamlin Madden
David Hamlin Madden's answer
Contributor Level 7

Trademark (and patent) searches can never be guaranteed (and your contract for...
James Juo
James Juo's answer
Contributor Level 5

Your question seems to suggest that a trademark search that "comes up empty...
Question

Mason Boswell
Mason Boswell's answer
Contributor Level 4

I have successfully obtained several patents on card games for clients, and...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

Query: How do I protect the rule set? Response: Your particular expression...

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