Archived
Can I make a claim on a provisional patent application that shows less physical strain relative to prior art?
Daniel's answer
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Answered on April 27, 2016
Your own Arizona-licensed patent attorney will tell you that a patent application is not the place to make marketing claims about your invention....
Archived
Do I have to file two provisional patents, one for each type of patent?
Daniel's answer
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Answered on April 27, 2016
The short answer is that an embodiment of an invention [that is, a product] can be protected by both a design patent and a utility patent.
So,...
Archived
Do I need a copyright lawyer
Daniel's answer
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Answered on April 26, 2016
In response to your comments to my colleagues:
As for the song "Taurus," the musical composition owner is the Randy Craig Wolfe Trust [if you...
Archived
What specific expertise or experience should I seek out in an attorney for a consultation about this?
Daniel's answer
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Answered on April 26, 2016
You need to speak with a California-licensed intellectual property or entertainment attorney. There are plenty in San Francisco.
You need to be...
Archived
False advertising Restaurant for Appetizer on website/email ?
Daniel's answer
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Answered on April 26, 2016
I fundamentally disagree with my colleagues. You were not promised a "tumbleweed Onion Appetizer" if you signed up for the VIP Club. In short, the...
Archived
Can I?
Daniel's answer
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Answered on April 26, 2016
Selling something you don't yet own is, in principle, lawful. New car dealerships and custom homebuilders do so all the time. Selling stock short...
Archived
How important is it that I obtain a trademark for the name of this fictitious coffee shop?
Daniel's answer
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Answered on April 25, 2016
As noted by Attorney McCollum, a person who opens a business using the same name you used for your fictitious coffee shop cannot prevent you from...
How can i create a lawful summary of a nonefiction book that i can sell? What is the guideline, criterias and precautions needed
Daniel's answer
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Answered on April 25, 2016
I disagree that the companies you list create and sell their book summaries "without the permission of the original author." They do. See, e.g.,...
Archived
Are there any waivers for application fees for a non provisional utility patent?
Daniel's answer
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Answered on April 25, 2016
The Patent and Trademark Office is funded entirely through the fees that it collects from those doing business with the agency. So, no, a patent...
Archived
Can we take a course of action such as small claims court for the use of our images despite it not having a copyright?
Daniel's answer
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Answered on April 24, 2016
Copyright protection for photographs showing a lone product displayed head-on and with only a plain background is very, very "thin." In fact, some...
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