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Recent Utility Patent questions

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.

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Alex Reese

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I filed a provisional patent application in March of last

I filed a provisional patent application in March of last year, it has obviously since expired. I was under the impression that you could extend it for one year. Was I wrong? Can you not extend it one additional year? If not, is there a way to redo the provisional patent application and get a different one? What if my design has changed? What if I wasn't very thorough in the initial app? I know they don't review them and it's simply to buy me time to file the non-provisional, but I let it expire because I thought I wasn't moving forward with the build of the device, I am now.

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Alex Reese

Intellectual Property Attorney

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Patent and Copyright:What is the name of a patent filing

Patent and Copyright:What is the name of a patent filing which involves my very specific use of color and shape to create a very specific type of illustrative image. That image could go on my website, t-shirts, fliers, etc. But I need to protect it from being copied.I was under the impression that patent pending status could be gotten for this, so I would not be strictly relying on my common-law copyright protections. And if such a patent can be applied for, could I file a provisional patent application?Secondly, what about protecting my special drawing with Copyright? What kinds of Copyright protections are there, in addition to common-law, for such a design via an official filing of copyright?Thanks.

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I was Granted a Utility Patent in 2007. Can I still apply to

I was Granted a Utility Patent in 2007. Can I still apply to any other countries? What are the guidelines? Thank You... PS... I also see an Application for a Patent in 2013 that is the same as mine, is there a form to argue against this new application, for which my patent is already sited as Prior Art?

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Law Educator, Esq.

Attorney At Law

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I just commented on a YouTube Video from Steven Key. Here's

I just commented on a YouTube Video from Steven Key. Here's the Q&A. Can anyone offer more clarity on his response regarding First to File? How's that going in USPTO litigation? I'm very familiar with the process, just not strength or risks ;)Steven,I have too many ideas, so writing/filing provisionals on each would be time consuming. New patent laws allow inclusion of public disclosure (like Facebook) as Prior Art when filing USPTO - up to one year. Are there any disadvantages to this approach? The fact that it's "out", does that neg impact a Lic deal and commercial advantage? Thanks ;)His response....+SoulPedal I know how you feel. It's true. But then again... It is first to file now! Be careful.Thanks,John

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Alex Reese

Intellectual Property Attorney

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Regarding US and International patent laws. I have an idea,

Regarding US and International patent laws.I have an idea, and of course you can't patent an idea, so i'm wondering if you can get effective protection by patenting an implementation that may not be well done.For example: if you had the idea of a helicopter, prior to the existence of a helicopter, and you put a horizontal propeller on a motor and mounted it on a small vehicle so that it actually lifted off the ground, and maybe had some tilt so it could be propelled forward.obviously it would need significant engineering and testing before it would be stable enough for use, but would a simple implementation be enough to protect the idea of a helicopter until the design was refined?

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Alex Reese

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I have an invention which is comprised of many "off the

I have an invention which is comprised of many "off the shelf" products which when combined perform a very specific duty.Can I protect an idea which is put together as such?

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Gerald-Esquire

Juris Doctor

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I'd like to get an answer from a patent practitioner

I'd like to get an answer from a patent practitioner registered with the PTO for the following question:There have been several office actions from the examiner for a utility patent application. In the latest one, examiner raised a 112 rejection on something that has been in place since the beginning of patent filing, which means the examiner, after having reviewed it multiple times, didn't have problem with it before but as the prosecution goes on and arguments turn intense, has "developed a new pair of eyes". Now the application is in position for appeal. This 112 rejection can be either argued (let's say 50/50 chance before the board) or amended prior to appeal brief to place the case in so called better shape for appeal. The caveat of amending, however, appears to be that the examiner may re-open the prosecution after seeing the appeal brief and because the outstanding rejection is non-final, the examiner may just use the amendment as a ground for issuing a final rejection. I'd like to know some insights from an experienced patent prosecutor with extensive appeal experience as to whether it's the best strategy to amend for the appeal or at least pursue the arguing first, and how to add effective arguments that examiner failed to reject previously on multiple counts - would that be construed as admission on record for the propriety of that claim construction?

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montysimmons

Owner Simmons Patents

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I am currently making apparel with my own graphic design

I am currently making apparel with my own graphic design artist, and a lot of our designs deal with pop culture. 100% our own designs, but is it legal and how far can we go?We use faces, but these are sketches, designs, we have made our selves.Thank you

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Christopher B, Esq.

Attorney

Juris Doctor

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