I am developing a product. Can I write what I have now in a provisional then when I develop new things write them in a 2ed provisional then claim both in the non-provisional? Should I include the first provisional in the 2ed?
This is generally a good strategy for capturing inventions in a rapid development phase. Including the first provisional in the 2nd provisional is a good idea when it is important to show that you had already envisioned combining the material from each.
As already noted, a DIY approach may not be the best strategy. Getting an experience patent attorney involved early on can help you draft the right kind of document to preserve your invention.
I'll try to explain this through a couple different examples. Please no comment on the idea itself being not successful, these are just examples trying to convey the idea of my question. Lets say I wanted to rearrange the order of keys on a te...
One nuance on the previous responses is on what is considered obvious. U.S. patent law uses a standard of the “Person Having Ordinary Skill In The Art” (PHOSITA) standard. Something is obvious if the a PHOSITA who was presented with the same problem, would come up with the same solution without undue experimentation. As you can see, the ordinary skill in the art standard could vary widely between different types of technologies. It is for this reason that a patent attorney is usually best suited to help you understand what would be an obvious or non-obvious improvement over an old technology.See question
If you are sued because you are infringing on someone's intellectual property, what determines how much you must pay them if they win the case? What other costs are there?
As previously stated, the type of IP and its status will give you a much better idea of what type of liability there may be. However, I would recommend you speak with an IP Litigation attorney in person and don't use this forum. You need to be able to share the facts of the case, and this is the wrong place to do it. Most reputable IP Litigators will give you an initial consultation at low or no cost to assess whether they would want to take you case on.See question
I've had several calls from a number that only comes up as being from Oklahoma and they have called multiple times before 7am.. When I answer the phone there is no response for about 10-20 seconds before the call is hung up. Sometimes there is an ...
One other option is to list yourself on the national "Do Not Call" list here: https://www.donotcall.gov/
Once registered, you can notify the FTC of unwanted calls.See question
Hi, I am filing Provisional Application in Canada. But online after saving the document when i upload the file to retrieve the information . The attachments disappears. Where am I getting it wrong? Any help please
The link for technical problems for filing Canadian patent applications can be found here: http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/frm-eng/NGRR-8VVGD7See question
I'm looking for a lawyer that speaks Portuguese or Spanish and with experienced in the field, to patent and help me to license a paper stamping technique. There are now publishers interested in this method.
This is better suited for Avvo's "Find A Lawyer" page. Many lawyers who have filled out their profiles will include any languages other than English that they speak.
You can find it here: https://www.avvo.com/find-a-lawyer
I would search for a "patent application" attorney in you city or region as having an in-person meeting is usually the best way to work with a patent attorney.See question
i want to create a new security and authentication technology but i want to patent it first that way no one can steal it or claim credit for creating it before i complete the process of making it ill be working with coders to help me create it but...
Meet/hire a patent attorney familiar with your technology area. You will have the protection of attorney-client privilege and you will be able to get their assessment on how best to protect you invention as you develop your product.
One less expensive way of getting a quality patent application on file is to file a provisional patent application before you begin development and then filing the full non-provisional utility application once you have developed the product (and hopefully learned a bit more about the invention and improved it).See question
For example, I'm creating a product that I want to pitch to companies. I understand about convincing them to mass produce the product and such. I just want to know the ins and outs basically. Is the patent under my name? How long do they have the ...
The license that you are giving to the company should be written in a contract and the terms of the contract should tell you your answers. As the inventor you will always be listed as the inventor on the patent / application, but the contract may transfer ownership of the patent. I would ask an experienced patent or licensing attorney to go over your license agreement with you.See question
I am filing a reply within a few days before the 6 month deadline after a Final Office action by USPTO (3 months free plus 3 more months). In addition to RCE, for how many months of time extension do I need to pay, for 3, right? No need to pay for...
You are correct. A 3 month extension is what you need. If you try to file after the 6 month date with a 4 month extension it would not be accepted as you only can extend to the 6 month date when responding to a final office action.See question
If I prepare a list of say 20 inspirational quotes and publish on my blog, will that be copyright infringement?
Your question, as I read it, is really asking if you would have a fair use defense to using other people's creative work on your blog. In general that would be copyright infringing activity, but in some cases it would be permissible. Generally the following factors are taken into consideration:
1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2) the nature of the copyrighted work;
3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4) the effect of the use upon the potential market for or value of the copyrighted work.
If you are serious about using this material it would make sense to have an IP attorney assist you in the analysis of these factors.See question