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Do we have a legal malpractice case against our patent attorney if he failed to timely file our patent application?
Xavier's answer
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Answered on April 23, 2012
This is a serious action you are contemplating. You should consult a patent attorney in person with all the details in front of him or her.
Archived
If a patent expired do to unintentional non payement and then was re-instated would it been ok for someone to have made it?
Xavier's answer
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Answered on April 23, 2012
Your question comes under the topic of "intervening rights." Under the US patent laws, the competitor is entitled to rely on a lapsed patent to...
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I have recently come up with a new invention, do I need a lawyer?
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Answered on April 12, 2012
There have been many instances where inventors have been disappointed (to say the least) with invention promotion companies. Even the USPTO...
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Can I patent I white box product from China after rebranding, reboxing and customizing installation?
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Answered on April 11, 2012
To obtain a patent in the US, you have to have an invention that is useful, novel, and non-obvious. It is not clear whether there is any such in...
Archived
Changes to the product post filing of a Provisional Application.
Xavier's answer
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Answered on April 10, 2012
You are correct that your first filing should be as broad as possible in its description so that later improvements could be potentially covered by...
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Archived
Can I file 2 utility patent applications for the same product but for different uses?
Xavier's answer
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Answered on March 31, 2012
Yes, you can file two separate utility applications, one directed to the broader market and another one specifically directed to the ski market.
Archived
What can I do if someone stole my patent ideal and is now making millions off of it?
Xavier's answer
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Answered on March 28, 2012
If a product with your idea was sold by someone else in 2007, you should have acted sooner. If your patent application is still pending, try to...
Archived
Patent applications-single versus multiple claims
Xavier's answer
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Answered on March 12, 2012
That is correct. Utility patent applications can have any number of claims. For example, you can claim a product, you can claim a method of...
Archived
Patent application
Xavier's answer
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Answered on March 11, 2012
It is not necessary to have a working product. To file a patent application, it should be enough if you have a concept of your invention well...
Archived
Filing U.S. Patent Application
Xavier's answer
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Answered on March 09, 2012
Yes, since the provisional application will not be examined, it can include multiple inventions. The PTO will not ask the provisional application...
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