Archived
Why would an atty say he's filing a patent lawsuit then after 3 months say he is not due to a 3rd party coming to the aid
Ralph's answer
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Answered on September 19, 2017
I don't believe there's an ulterior motive since, as the client, you can seek advice from another attorney.
I'm only speculating, but if your...
Archived
How long does it take for an attorney to review a potential defender for a patent lawsuir?
Ralph's answer
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Answered on September 19, 2017
Court decisions have held an attorney can not file suit for patent infringement unless they have investigated the surrounding facts. Under Rule 11...
Can I replace one part of a patented product and resell it as a new, my branded item to a whole new market?
Ralph's answer
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Answered on September 18, 2017
Under the theory of "patent exhaustion", once you purchase a patented product, generally, you can resell or modify without concern.
The only...
How do you report illegal patent filed ?
Ralph's answer
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Answered on September 18, 2017
If you truly want to address this issue, you should discuss with an attorney. I have numerous concerns.
Did you sign a confidentiality...
Can I use a registered trademark in the title of a book I'm writing?
Ralph's answer
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Answered on September 16, 2017
The only additional comment I can add to the previous answers is to investigate how litigious the Registrant has been; particularly if the...
How to patent an idea which is an improvement over an existing patent?
Ralph's answer
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Answered on September 14, 2017
The answer depends on a) whether your invention reads on any claim (i.e. the numbered paragraphs at the back of the patent); and, b) whether the...
I'd like to change my patent attorney (post-filing). What should I request from them (documents, address change)?
Ralph's answer
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Answered on September 14, 2017
As a client, you're entitled to all documents received from, or sent to the USPTO.
A new attorney can handle the necessary paperwork regarding...
Archived
Somebody filed a trademark for my name (literally the one on my birth certificate). What does it take to cancel it?
Ralph's answer
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Answered on September 14, 2017
It appears you've been using your name for marketing your service. If this is true AND this use was before the registrant's use, you may have...
Archived
Can I use generic words to describe a product I sell, if a company owns the Trademark for a derivative of the words combined.
Ralph's answer
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Answered on September 30, 2016
I agree with Mr. Straussman's answer but I'd like to add that trademark law is filled with legal decisions which subjectively decide when...
Archived
Does one person or company own a patent for common household mini blinds?
Ralph's answer
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Answered on September 30, 2016
It sounds like you're a "hands-on" individual. Before spending money researching the patenting process, I would first go to either Google patents...
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