Is what I'm doing considered "Fair Use"?

You really should have an attorney review this if you are serious about continuing to do this. A Fair Use determination is going to take in a lot...

Can I legally publish vintage cigarette ads from the 20s as art in a contemporary magazine sold for profit?

1) Works published for the first time in the USA before 1923 have an expired copyright and are in the public domain. You can publish these. 2)...

If it didn't exist, would a night club be a patentable invention for which to file a patent application to USPTO?

Examiners generally are allowed to give prior art it "broadest reasonable interpretation". In your fact example, I could easily see an examiner...

Can you help with a photo copyright violation?

If you wish them to stop using your photo, and you are the copyright holder of the photo, you can use a Digital Millennium Copyright Act (DMCA)...

Can I patent a different way of playing texas hold'em poker ? If not what are my other options ?

Card game patents are very difficult to patent, particularly in light of the recent "In re Smith" decision. However, in that decision the court...

What should do if an artist sampled my music without permission?

You should reach out a an IP attorney with experience in copyright enforcement and/or music law. A case like this will need to show that there was...

Can I use public data for a paid mobile application? Can I use journal data for a paid mobile application?

1) Probably yes. 2) Probably no. In general U.S. Government data is in the public domain and you are free to use it as you see fit so long as...

The first response that these are likely copyrighted works is probably correct. Even if you are using only a snippet of the lyrics. If the snippet...

Can I file a notice of appeal, but then instead of appeal brief, file an RCE and reply with claim amendments?

Yes. You can file an RCE after filing and Appeal (See MPEP 706.06(h)) however, your RCE "Must include a reply under 37 CFR 1.111 to the final...

Patent Office Action

If you would like to file your response yourself electronically, the USPTO has a resource page with information and links to do the filing. I would...