Questions answered by Eric Allen Kelly

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How in depth must a claim be?

Eric's answer | Answered on February 24, 2015

You have not provided enough information to respond and you should provide too much information here in a public forum. Contact a USPTO registered...

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To help me about a invention that i patin but the company banish

Eric's answer | Answered on February 23, 2015

In the future when seeking to protect an invention of yours, first consult a USPTO registered patent attorney and not an invention promotion...

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What should I look for/expect in a trademark and patent attorney?

Eric's answer | Answered on February 19, 2015

Use Avvo's find a lawyer feature and locate 3 to 5 registered patent attorneys. Contact them. Inquire about free initial consultations, schedule,...

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Patent Foreign filing

Eric's answer | Answered on February 19, 2015

Patents are specific to the nation of issuance and only enforceable within the nation of issuance. A US patent protects against infringing conduct...

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What happens if a party fails to submit a timely response in a trademark cancellation proceeding?

Eric's answer | Answered on February 17, 2015

Courts and the TTAB are generally loathe to issue defaults; however, that said, the farther and farther back in time that deadline slips from the...

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Can I still trademark what is rightfully mine if he hasn't been granted the Trademark yet? USPTOsays he is live,same as granted?

Eric's answer | Answered on February 13, 2015

You need trademark counsel. Are your services/goods similar to theirs? Of course you may file, but if your services/goods are confusingly...

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Can I make clients sign a document restricting them to talk about our company on social media?

Eric's answer | Answered on February 11, 2015

Asking a court to enforce such a clause brings in a state actor/governmental actor and then you have federal Constitutional conflict with Free...

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I filed LLC since june 2010 and never operated LLC. I sent the cancellation form recently. Do I need to pay LLC annual fee?

Eric's answer | Answered on February 10, 2015

This should be a liability of the LLC and not you personally. Most individual founding members of an LLC who are in similar positions as yourself...

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I have a product I would like to patent,

Eric's answer | Answered on February 10, 2015

In the U.S. under the public sale doctrine, your offers for sale of your product that are older than one year from today bar you from obtaining a...

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Can I use other patents in my invention by referring to their number?

Eric's answer | Answered on February 07, 2015

It is fairly common practice to note prior art by patent number, published patent application publication number, and/or by inventor - for use when...

Eric Allen Kelly's Answers (2211)

How in depth must a claim be?

To help me about a invention that i patin but the company banish

What should I look for/expect in a trademark and patent attorney?

Patent Foreign filing

What happens if a party fails to submit a timely response in a trademark cancellation proceeding?

Can I still trademark what is rightfully mine if he hasn't been granted the Trademark yet? USPTOsays he is live,same as granted?

Can I make clients sign a document restricting them to talk about our company on social media?

I filed LLC since june 2010 and never operated LLC. I sent the cancellation form recently. Do I need to pay LLC annual fee?

I have a product I would like to patent,

Can I use other patents in my invention by referring to their number?