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Recent intellectual property law questions

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

JD

 
3,938 satisfied customers
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

Doctoral Degree

 
104,224 satisfied customers
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

JD

 
3,938 satisfied customers
Regarding US and International patent laws.I have an

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

Intellectual Property Attorney

JD

 
3,938 satisfied customers
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

 
4,760 satisfied customers
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

Doctoral Degree

 
556 satisfied customers
While prosecuting a utility patent

While prosecuting a utility patent application, I had an interview with the examiner and we agreed that the proposed amendment would overcome the 103 rejection of a claim. A later interview for a different matter didn't go as examiner wished so the examiner turned unhappy. I filed the response citing the agreement reached in the interview to overcome rejection of that claim and in the unsurprising rejection from this examiner, examiner not only refused to acknowledge the reached agreement but failed to even comment on the remarks about the interview, the agreement, and a brief summary of how the agreement was reached. Examiner simply copy-and-pasted rejection from the previous office action. To me this is unethical and apparently against the examination requirements of at least having to respond to all applicant's arguments. The tricky and annoying part, which I did not realize previously, was that although examiner offered to do all the interview summaries, this examiner skipped the summary for that interview where we reached that agreement (the proposed amendment was sent to examiner by email but agreement was reached over the phone). I didn't do an applicant's summary of the interview as I trusted the examiner. Now a long time period has lapsed (over a year). My question is whether I can still force entry of an applicant's summary for that interview, and what's the most to-the-point, effective arguments I should use in my next response in the form of an appeal?

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montysimmons

Owner Simmons Patents

Doctoral Degree

 
556 satisfied customers
I have a question about a patent I am filing. I am getting

Hi I have a question about a patent I am filing. I am getting some help filing it but I need some help here online too. I am confused about the degree of specificity you want to reveal in your patent application in the following case...I have invented a new kind of bike. It is a 4 wheeled bike that has a self-propelled propulsion system that appears to be different than anything previously done. Of course, I need to have the propulsion system, which is the "secret sauce" patented but what I am unclear is how much detail I need regarding the overall system. Meaning on this 4 wheeled bike, the handlebars would go here, the seat would be about this long, the brakes go here. While those things are important to the overall product I'm not sure they are crucial to the patent. What are your thoughts?

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Alex Reese

Intellectual Property Attorney

JD

 
3,938 satisfied customers
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