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Dariush G. Adli

Dariush Adli’s Answers

600 total


  • How long does it takes to convert a provisional patent to a utility patent ?

    how much time does it takes a provisional patent changes to utility patent ? ( from the start of process to patent issuing )

    Dariush’s Answer

    First, a provisional patent application does not automatically convert to a regular application. Usually, a provisional application includes “the heart” of the invention, but is missing a lot of the elements and details that are normally included in the regular application, including a detailed description, drawings and even claims. You have one year after filing the provisional application to convert it to a regular application. After you file the regular application, you usually have to wait 18 months to receive a substantive response to your patent application, unless you request expedited processing and pay an additional fee, in which case you can expect to receive your patent (assuming the patent examiner finds the whole or aspects of your invention patentable) within one year. Good Luck.

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  • Looking for a Patent Attorney in Los Angeles, Clothing industry experience preferred

    Hi My name is Shawn Raoufpour. I have a back ground in Engineering and I am looking for a patent attorney with reasonable fees in Los Angeles area to check if my invention is patentable for garments with mass production? Please send an email ...

    Dariush’s Answer

    A few points to keep in mind. First, it is difficult to get a patent on clothing designs. The law on this is evolving and the Supreme Court is set to rule on this issue within the next year. Generally, articles of clothing can be protected by all three variations of intellectual property, including patent (utility and design), copyright and trademark.

    A utility patent can protect how a product is used, functions, is made, or its structure. To the extent an article of clothing can fit these criteria, it can be protected by a utility patent. For example, the sandal company Teva received a utility patent for the way one of its sandals ‘functioned to fit.’.

    An article of clothing is also potentially protectable by a design patent. Design patents protect ornamental and decorative aspects of products. For example, the U.S. Marines have received design patents for their camouflage patterns and combat uniforms.

    Articles of clothing can also be protected under copyright laws. A copyright covers “Original Works” generally, of artistic or literary in nature, such as paintings, photographs, writings, songs, music, and the like. Fabric prints can have copyright protection; and while there is no copyright in the cut of the cloth, or the design of the skirt or jacket as a whole, since these articles are utilitarian, the print found on the fabric of clothing is copyrightable. More recently, courts are focusing on recognizing copyright protection on clothing cut and design. For example, a recent court decision found that Varsity’s designs for cheerleading outfits were copyrightable.

    Finally, clothing design and name may also be eligible for trademark protection. A Trademark is any feature (be it a name, logo, color, design, or any other feature or combination) which 1) identifies the product or service which is offered under the mark, and 2) distinguishes that product or service from those offered by competitors. A clothing design can be protected by trademark if consumers come to associate that design with the manufacturer. Clothing names can also protected by trademark. Good Luck

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  • What is the patent process for both domestic and international. How quickly is protection provided?

    I have an invention specifically for christmas. I am looking to come to the market in Sept via a Kickstarter (viral marketing). But want to make sure i am not going to be infringing on existing patents. I want to have international sales as well. ...

    Dariush’s Answer

    First, do not publically disclose your invention until you have filed a patent application. That means you should not show your invention, talk about it, write about it, put it on a website, sell or offer it for sale until then. You have two options on the filing. You can file a regular patent application, or a provisional (temporary) application. A provisional is usually not as detailed and is less expensive and faster to prepare and file than a regular patent application. Once you file your application (regular or provisional) you have one year of potential international protection in the sense that if you file in any other country before the year is out, your filing date goes back to the first filing date. It is as if you had filed in the second country on day one. To protect your patent rights internationally, you would need to choose from one of two options before the end of the year; 1) directly file patent applications in countries/regions in which you want your invention to be protected; or 2) get an 18 month extension from the international patent office (by paying a fee) to extend the time when you can still claim international protection while deciding on where to file. Regarding how soon you will have the patent issued, that depends on several factors. The fastest route is to file a regular patent application and choose the expedited route (by paying an additional fee). In that case, provided your invention is found to be patentable by the patent office, you will have your patent issued in a year. Regarding the pricing, you will need to call around and get quotes. Good Luck.

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  • Got a Cease and Desist order on these home theater receivers I have been selling.

    DMH is a company that sells Home theater receivers. They only sell them through Dealers that sign a contract with them. They call them "Authorized Dealers". I am not an authorized dealer, however I have been reselling these receivers via ebay. I g...

    Dariush’s Answer

    First, find out the legal basis of the lawsuit. Then speak with an attorney to evaluate your options. Your attorney may advise filing a challenge to the paten in court FIRST, before you get sued. Unfortunately, many patent, trademark and other Intellectual Property owners misuse cease and desist letters by pressing patents or trademarks that are of questionable validity or attempting to cover products and/or services that are not covered by the asserted intellectual property. One effective “push back” approach is to file suit first before you get sued. Filing suit first often provides a forum as well as a psychological advantage, which is very valuable in settlement talks. Your attorney can advise you as to whether this option makes sense in your case. Good Luck

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  • Can a patent attorney steal from you and get away with it?

    Lets say Person A invented/designed a real working machine that turns anything into gold. But Person A does not know how to patent this technology, so Person A went to see Patent Lawyer B for help. Patent Lawyer B reviewed the technology and told ...

    Dariush’s Answer

    No. All attorneys are licensed by the state bar of the state(s) in which they practice law. The rules of professional responsibility require attorneys to keep the information provided by their clients confidential and not to use them for their personal benefit. In addition, patent attorneys are bound by their oath to the U.S. Patent and Trademark Office which imposes similar obligations of confidentiality and proper use on patent agents and attorneys who are licensed to practice before the PTO. So other than rare exceptions, the answer to your question is an emphatic NO.

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  • Should I patent both utility and design and by design does it mean each design I make or patent my entire brand?

    I want to start my own on-line business. I will be selling clothes by my design and for each design purchased a percentage of the profit will be donated to a charity. I want to know how to patent this. On Legal Zoom it says to patent the utility o...

    Dariush’s Answer

    Clothing items are generally difficult to patent. In order to get a utility patent for clothing, you need to focus on how the clothing item functions or is used, rather than how it looks. For example, Teva Sandals were issued a utility patent that relates to how this sandal "functions to fit." If your item is determined to have utility, you can also protect its aesthetic aspects by a design patent. For example, the U.S. Marines have received design patents for their camouflage patterns and combat uniforms. You may also be able to protect certain features of your clothing designs by copyright, to the extent that those features are separate from the utilitarian aspects of the items. Finally, you can, as most clothing designers do, protect your clothing designs by establishing a brand for them. Good Luck

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  • What is the cost to file a patent application with the WIPO. When does it start protection for our invention in the USA?

    We have an invention that we need to patent worldwide. He have limited funds at this time.

    Dariush’s Answer

    Patents are territorial, meaning to get protection in any one country, you need to ultimately register it in that country. Some regions (such as EP) have a treaty under which you file in one central place and get one examination, and all the member countries accept the examination by that central office. But, after you get the patent allowed, you still will need to register it (and pay a fee) in each individual country. So, the costs for world-wide protection can add up depending on the number of countries you decide to file in. The good news is that you don’t need to come up with all the money at once. If the invention is patentable, you can start with a U.S. patent application, either provisional or non-provisional, which will allow you to test your invention in the market. If you get the desired results, then you can take it to the next step and file the international application(s). Good Luck

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  • What is the chronological order to file a provisional application in the US, and patent applications in Europe and Asia?

    We are filing a Provisional Application for a patent on an invention. We also want to patent this invention in Europe and Asia. We want to know the chronological order we need to file the patent applications.

    Dariush’s Answer

    You have one year after filing your provisional application to file regular patent applications in the U.S. and in other countries. At that stage, you have two options. One is to file directly in every country or region, or file a PCT application, which gives you another 18 months to file in member countries or regions. Good Luck

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  • Whats the cost and expense to register a copyright and what protections does it offer?

    I have some digital illustration to show/describe products, to be used on ecommerce websites. These illustrations are a combination of product photo with graphics overlaid on them to showcase the products I sell. Unfortunately, they tend to be cop...

    Dariush’s Answer

    You can register your copyright with the Copyright office yourself, although it is preferable to use an attorney to make sure it is done correctly and to address any issues that need to be determined prior to filing. As my colleague notes, tofile the copyright yourself, you need to go to copyright.gov and the fee is $55 per work for most cases. You need to have 1) a title; 2) . names and addresses for: the author (i.e., the person(s) who did the work) and the owner (i.e., the one who hired the author to do the work); 3) the date of publication; 4) whether the work is a derivative work (i.e., based on another work); 4) whether it was registered before; 5) a copy of the work to be submitted to the Copyright Office. Registration of a copyright is not necessary as copyright protection attaches to any eligible work from its moment of creation. However, registration provides owner with additional rights and benefits, including the right to seek “statutory damages” of up to $150,000 as well as attorneys fees against infringers. In addition, registration provides a presumption of validity and ownership of the copyright. Good Luck.

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  • Will I get sued ?

    I want to start an e-Liquid brand called "Stay Drippy e-Juice" , but there is a brand with the name "Stay Drippy Juice co." . can I get sued ?

    Dariush’s Answer

    Yes, you may be sued. Whether the lawsuit will have any merit is another question. The standard for trademark infringement is “likelihood of confusion” Whether two marks are confusingly similar depends on a variety of factors, including: 1)the similarity or dissimilarity of the marks in their entireties as to appearance, sound, connotation and commercial impression; 2) the relatedness of the goods or services as described in the application and registration(s); 3) The similarity or dissimilarity of established, likely-to-continue trade channels; 4) The conditions under which and buyers to whom sales are made, i.e., “impulse” vs. careful, sophisticated purchasing ; 5)The number and nature of similar marks in use on similar goods; and 6) The existence of a valid consent agreement between the applicant and the owner of the previously registered mark. These factors are fact intensive and require careful analysis before a legal conclusion can be reached re whether the marks are confusingly similar. With respect to your particular case, the non-generic parts of marks are identical and the goods appear to be related. Your trademark attorney would be in a position to evaluate your particular case and to advise you of your options. Good Luck.

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