Archived
Where can I find a contingent Lawyer who will help me with a possible infringement of my US design patent?
James's answer
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Answered on September 21, 2013
1. Start by calling the patent attorney who prosecuted the application for you. If you didn't use an attorney, then you might not have the coverage...
Archived
What is the cost to file a provisional patent? Is there anymore fees to pay before I can start selling my invention
James's answer
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Answered on September 21, 2013
You should call a patent attorney about your idea right away. You might not need a patent at all -- remember, a patent only gives you the right to...
Archived
My provisional patent gives details I don't want to give away. Do I do a new more vague one and just let the old one die off?
James's answer
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Answered on September 20, 2013
1. Hire a patent attorney. 2. Do not let the provisional expire -- file the US non-provisional before the provisional expires. Ask your patent...
Archived
How do I write this in a letter? "If you decide to use my idea I am seeking/interested in opportunities (rights-royalties) avail
James's answer
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Answered on September 20, 2013
In general, you have no claim to rights or royalties unless you have patent protection (or at least patent-pending status) before you disclose an...
Archived
What steps in preparation to file for a patent before I hire a lawyer?
James's answer
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Answered on September 20, 2013
Every lawyer is different. Some patent attorneys like to write from scratch, make their own drawings, and select names for each part. Most...
Archived
If a company has trademarked "Soda Stream" can I still trademark "Sodastream"?
James's answer
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Answered on September 20, 2013
Probably not, and even if you could, I wouldn't recommend it. Your company deserves a strong brand name all its own -- a name that sets you apart...
Archived
Does the use of TM really help protect a brand before a mark application is filed?
James's answer
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Answered on September 20, 2013
To prove that you used a mark in commerce first, you need proof of the date of your first sale. You can apply for a federal registration of your...
Archived
Intellectual Property claim between a start up and contracting company.
James's answer
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Answered on September 19, 2013
Yes, Company A might be able to claim ownership of the IP developed or invented during the project. Most consulting agreements include something...
Does "prior art" apply to Trademarks?
James's answer
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Answered on September 17, 2013
The first to use a trademark has superior rights over later users. If you were the first to use the mark on products like yours in 1987, then you...
Archived
Is it copy right law that when you are returning a PC game to a store opened because suspicious software notice on your computer
James's answer
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Answered on September 17, 2013
The no-return policy is more likely due to the terms of the license that governs your use of the product. Copyright law does permit users in most...
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