Questions answered by Eric Allen Kelly

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What are the necessary steps to get an idea/craft design patent? Also, are there cost to this?

Eric's answer | Answered on March 03, 2015

Absolutely there are costs associated with obtaining utility patents and design patents; as well as maintenance costs for maintaining utility...

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Does the name of my non-profit have to include the words "non-profit"?

Eric's answer | Answered on March 03, 2015

I would only add, you may want to include "non-profit" in some shape or form in the legal title of the entity as doing so may help to build to...

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First time to file a patent, got a few questions.

Eric's answer | Answered on March 03, 2015

First make no public disclosures on your invention to anyone (including friends and family) or any entity without them first signing a NDA...

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Would an item selling on etsy in thailand (and nonexistent in the US) be considered "prior art" and preclude getting a patent

Eric's answer | Answered on March 02, 2015

I would only add - for publicly available disclosures to constitute prior art - which your example is - they must still be "enabling" to one of...

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My trademark is considered abandon and "petition to revive denied" for unintentional abandonment? What is my next step?

Eric's answer | Answered on February 26, 2015

1. Commission a proper full clearance search, and then pending an analysis of those results... 2. File a new federal trademark registration...

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My son sold a dirt bike as is and it broke shortly after, Is my son liable for repairs new owner had performed?

Eric's answer | Answered on February 25, 2015

If this matter gets litigated in small claims, it would not be unusual for the presiding "judge" to have each party bear some of the repair cost...

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Prior art ,novelty, unobviousness and embodiment

Eric's answer | Answered on February 25, 2015

First, generally one does not need a prototype of an invention to file a successful patent application. Second, this research journal is prior art...

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A friend and I came up with a consumer product equally. We have not trademarked the idea as of yet or created a business entity.

Eric's answer | Answered on February 25, 2015

First, you do not trademark an "idea." A trademark is a source identifier for goods associated with the mark. Trademarks arise by use, i.e. by...

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Is it common to trademark the company brand name standard character and in special form?

Eric's answer | Answered on February 24, 2015

It is common to maintain registrations on the plain word mark as well as any number of graphical marks. But whatever mark(s) your register, those...

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What should we trademark? The only branding on our product is on the product itself and is engraved by hand.

Eric's answer | Answered on February 24, 2015

Trademarks arise by use of the mark in association with selling your products (goods). So you likely already have a common law mark because of...

Eric Allen Kelly's Answers (2211)

What are the necessary steps to get an idea/craft design patent? Also, are there cost to this?

Does the name of my non-profit have to include the words "non-profit"?

First time to file a patent, got a few questions.

Would an item selling on etsy in thailand (and nonexistent in the US) be considered "prior art" and preclude getting a patent

My trademark is considered abandon and "petition to revive denied" for unintentional abandonment? What is my next step?

My son sold a dirt bike as is and it broke shortly after, Is my son liable for repairs new owner had performed?

Prior art ,novelty, unobviousness and embodiment

A friend and I came up with a consumer product equally. We have not trademarked the idea as of yet or created a business entity.

Is it common to trademark the company brand name standard character and in special form?

What should we trademark? The only branding on our product is on the product itself and is engraved by hand.