Join the 9 million people who found a smarter way to get Expert help

Recent Patent questions

I have a name in mind for a new energy drink I intend to

I have a name in mind for a new energy drink I intend to produce. It looks like the trademark for the name has been abandoned. I found a company that was using the same name for a similar product but then later changed the name of the product. Independently there is a company selling smoothie mix online and one of the mixes has this name.Can I use this name, so long as I trademark it?

Read more

JD 1992

Juris Doctor

star-full
34,782 satisfied customers
I have developed software to monitor large paper and tissue

I have developed software to monitor large paper and tissue machines in a novel way. Because it is a large package with many components I have written up provisional patents in three seperate applications. I would like to share with a prospective company that may want to license the patent or patents. The question is: If they see the patents can they then file their own patent if they think they have a better way to limit my patent. Also, if a concept is being used but being kept as a trade secrete legally or just keeping it under wraps, can that be used to override my patent if it is finally granted in a permanent patent?JA: What's the invention's purpose?Customer: One patent provides what is known as a state machine to keep track of all events in part of the process which are critical in measuring the Speed, Efficiency and Waste which are used in financial models to understand the performance of the machine. This allows the machine to be optimized for consistent quality at lowest cost.JA: Have you talked to a lawyer yet?Customer: Briefly but I didn't reveal the concept becuase I wanted to understand better what I actually thought was patentable. I had a two hour meeting with no agreements and then got a bill for $1800 which was for a one page letter to my programmer giving up copyrightJA: Anything else you think the lawyer should know?Customer: What is the value of a Non-disclosure document in this situation? Also, if I show the result but not the means, is that revealing the patent? Or, do I have to just keept the means confidential till I file the provisional patent.

Read more

Alex Reese

Intellectual Property Attorney

JD

star-full
3,986 satisfied customers
How can one protect an idea software app? What type of

Hello,How can one protect an idea for a software app? What type of documents can one use to protect the idea/concept? How to show the idea is unique and not used currently. To stop the other party from stealing the idea?

Read more

JD 1992

Juris Doctor

star-full
34,782 satisfied customers
I submitted a continuation-in-part (CIP) application patent

I submitted a continuation-in-part (CIP) application for one patent application. Later, I decided to include a second patent application in the CIP to claim the benefit so I submitted an amendment to the application, the specification specifically, but did not include the additional Application Data Sheet so they did not include the second patent as a parent application. The amendment was also submitted before the deadline of 4 months to include a patent application in an amendment. I talked to the examiner of the second patent application and she suggested that I submit an unintentionally delayed domestic benefit (priority) claim. She also mentioned that the amendment was not submitted properly since I didn't include a redlined copy of the specification. However, that is not the case because I submitted a redlined copy and a clean copy. She stated her remarks in the minutes of the phone interview. This second patent application is essentially a duplicate contained in the continuation-in-part application, including the claims. I got an Office action from the examiner with non-final rejections. It doesn't make sense to respond to the Office actions because most of her remarks are corrected in the CIP. The CIP has also been assigned a different examiner but he hasn't sent anything. How can I overcome the lack of inclusion of the second patent application in the CIP without submitting the unintentionally delayed domestic benefit (priority) claim based on the fact that it is a duplicate and involves double patenting issues in addition to the fact that I submitted the amendment before the 4-month deadline? They are copending and address the same invention. Is there a chance that the original patent application or the CIP can be canceled legally by the patent office in view of the fact that the CIP is a duplicate of the patent application? Based on the Office action remarks, the second patent application is at risk of not being patentable. However, since the CIP corrects the deficiencies of the second patent application, it could be patentable. Can I state that the CIP is necessary but that the second patent application isn't?

Read more

Alex Reese

Intellectual Property Attorney

JD

star-full
3,986 satisfied customers
I am in developing new application but I found that similar

I am in developing new application but I found that similar is exist but for different type of service. What should I do, so I wouldn't be in lawsuit case with my app?

Read more

Alex Reese

Intellectual Property Attorney

JD

star-full
3,986 satisfied customers
My name is ********** and I am looking Patent attorney. I am

Hello. My name is ********** and I am looking for a Patent attorney. I am a part owner of a company called *********** is our website.My question is to see if the Pokemon Go game is infringing on a patent Candy Lab is publishing. Here is the information on the patent.Location-Based Augmented Reality Content Management And DeliveryUnited States 61/652,032Filed May 25, 2012A hyper-local advertising and cross promotional 3-D augmented reality mobile platform is provided that enables players to interact virtually with their real world environment to earn real world and virtual world rewards. The cross promotional platform allows vendors to place game and application elements represented as in-application elements anywhere in the world on a map according to its precise geo-location in the real world. When a user of the mobile platform clicks on a game element to collect it, the vendor's advertising message, offering, or other promotional qualifier appears on the screen with an option to view an-platform offering and/or to click through to a vendor-designated link and redeem the promotional qualifier.Here is about Pokemon Go.Pokémon Go is a location-based augmented reality mobile game, developed by Niantic Labs (Alphabet/Google) and published by The Pokémon Company (Nintendo) as part of the Pokémon franchise. It was released worldwide in July 2016 for iOS and Android devices. It has been the most successful app of all time.Here is the other patent we are publishing, I dont know if this one applies though.BEACON-FACILIATED CONTENT MANAGEMENT AND DELIVERYCustomer Number: 64046Application Type: ProvisionalTime Stamp: 17:54:31Filing Date:Receipt Date: 27-AUG-2015Attorney Docket Number: 45847-502P01USFiler Authorized By: Robert Timothy Stuart LattaFiler: Robert Timothy Stuart Latta/Karen LePariDo I have a case? Also any other information you can tell me about both patents would be truly helpful.Last, we have Mintz Levin Law Firm in San Diego representing us. What is your take on them. Dig DEEP! ha. Theres a reason I am coming to you.Thank you,**********

Read more

Delta-Lawyer

Doctoral Degree

star-full
6,072 satisfied customers
I'm looking into sourcing a cold brew coffee maker from

Hello,I'm looking into sourcing a cold brew coffee maker from China and selling it online. The one I want can be found here:https://qdsinoglass.en.alibaba.com/product/60464247384-212744291/Elemental_Kitchen_trade_assurance_unique_design_brewing_filter_core_pink_color_glass_cold_brew_coffee_maker_pitcher.html?spm=a2700.7803228.1998738840.4.FD3s2jI noticed there is a similar competitor in the space (Takeya) and the patents they have filed:https://www.google.com/patents/US8778432Their process of brewing coffee doesn't seem unique and is all over Amazon across different products. Would I be in any violations for selling the product above? It's hard for me to understand what all the patent(s) protect and if any minor deviations would put me in the clear?Thanks,Mike

Read more

Delta-Lawyer

Doctoral Degree

star-full
6,072 satisfied customers
I need to understand "equitable remedies" better,

I need to understand "equitable remedies" better, specifically: estoppel of of SOLs, restitution of unjust enrichment, and injunction against further use of my patented software.

Read more

Alex Reese

Intellectual Property Attorney

JD

star-full
3,986 satisfied customers
I have a question. When having someone do a patent search

Hi, I have a question for you. When having someone do a patent search for you (we understand this has to be done at the patent office in D.C.), how many key phrases or key words can be searched at one time during a search? Or would each key phrase or key word constitute a separate search? For example, could "worm container" and "insect container" and "insect cup" and "worm cup" all be used for one search? Or would you need to do four searches, one for each of these key phrases? Thank you.

Read more

Alex Reese

Intellectual Property Attorney

JD

star-full
3,986 satisfied customers
View more intellectual property law questions
In The News