If one claim is found to be a different invention can I file a divisional patent for it and keep the original filing date?
Alan's answer
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Answered on August 23, 2018
Yes, absolutely! As long as your original application has sufficient support for the claim or set of claims that you wish to peruse in the...
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How soon does a divisional patent need to be filed after it is found to be necessary to retain rights and filing date?
Alan's answer
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Answered on August 23, 2018
A divisional application needs to be filed before a patent issues on the application or before the application is abandoned. In patent parlance,...
Is it legal to mix two products into one and sell it?
Alan's answer
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Answered on August 23, 2018
Yes, that is possible. However, your packaging and branding must identify the two ingredients on the label and package insert. Your branding and...
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What is meant by 'using the method claimed in my patent?'
Alan's answer
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Answered on August 22, 2018
That language is not appropriate for patent claims. There are product claims, method claims, product by process claims and method of use claims. ...
When writing a patent claim for an accessory product can you use the trademarked name of the host product in your actual claim?
Alan's answer
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Answered on August 22, 2018
You are correct, the accepted practice is to use a generic name for the product. However, if the invention is intended only for a branded product,...
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If I receive a new-use patent for a product commonly sold, does the manufacturer have to pay a royalty to make the new claim?
Alan's answer
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Answered on August 22, 2018
The real question is, are your claims sufficiently broad to forclose the would-be infringers from making the minor changes that you described. If...
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Yes, thank you, I am aware ideas are not patentable.
Alan's answer
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Answered on August 22, 2018
An abstract idea is not patentable. However, use of the idea in a machine, process or manufacture can be patentable if it is new and useful. I...
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If an embodiment conflicts with one independent claim but is covered by the other two will this cause a claim restriction?
Alan's answer
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Answered on August 22, 2018
It is difficult to evaluate your question in the abstract. If the two embodiments cover different products, you may receive a unity of invention...
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Can you get a patent for combining two products that are not physically connected?
Alan's answer
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Answered on August 22, 2018
Well, if the exercise method is unique, you may be able to obtain protection by filing for method claims. If you write an exercise book, or...
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Should I trademark a made-up word that is my online store name?
Alan's answer
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Answered on August 22, 2018
Yes, you should protect the name and logo that you plan to use in marketing your products. Made up names make some of the strongest brands, such...