Can I obtain a utility patent if my first application was published?

You have one year from the date of your public disclosure of your invention to file a patent application. The published patent application is your...

Can some claims in a patent retain an earlier patent filing date benefit while other claims in the same patent don't?

In order for a claim to be entitled to the benefit of a provisional appllication's filing date, each element recited within that claim must be...

It depends. There is likely no harm in asking. However: Some larger rights holders only want to deal with licensees that can make large...

I want to file a TM for an online retail/reseller website

If you are acting as a store, selling goods made by others and sold under their trademark, then your own trademark would be for the service of...

Is an advertising circular of a different name, but similar size/layout/color scheme, infringing on a common law copyright?

It is impossible to say from the limited information here whether any risk exists. It is possible that the name is descriptive or generic, or...

Can I not release all the code source under the GNU GPLv3 license ?

If your software contains code that is covered by one of the GNU licenses or another open source license, then you must fully comply with the terms...

I changed the practice area to intellectual property because both copyright and trademark issues exist. However, I do not believe either really...

Can I solder 2 wires to a circuit board inside a patented electronic product and then re-sell it if I remove the brand name?

Your real issue here is not patent but trademark. Once you purchase a product that is protected by intellectual property, you are free to modify...

Can I create a similar product without breaching this patent?

A patent is infringed when the accused device includes each and every element recited within at least one claim, even if other elements are present...

A company is using my DBA to trick customers to think they're affiliated with me, what can I do?

The reason generic terms are not protectable as trademarks is to allow competitors to name and describe their services. In general, there is...