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Recent Utility Patent questions

I have intellectual properties question in regards to a

I have intellectual properties question in regards ***** ***** getting a app patent, and basic start up questionis. If possible. I would prefer a California attorney.

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Alex Reese

Intellectual Property Attorney

JD

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I am in the landscaping industry and have an idea for brick

I am in the landscaping industry and have an idea for brick used for edging. I definitely don't have the means to produce the bricks myself, but Ive never seen and can't find a brick like this. How could i capitalize? Would that be a design patent? Thanks.

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montysimmons

Owner Simmons Patents

Doctoral Degree

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Question on the implications of restriction requirement on

For Mr. Simmons: question on the implications of restriction requirement on divisional applications. Using a hypothetical case where a utility patent application discloses 2 embodiments: one with innovative feature A and B, the other with feature C. Examiner issued an “election of species” requirement to proceed with either 1st or 2nd embodiment. Because feature A in 1st embodiment is most valuable, applicant went with 1st embodiment with claims directed to feature A only (feature B was not claimed). Later, in a divisional application to cover the unelected species of 2nd embodiment, can the applicant still claim feature B of the 1st embodiment – because it was never claimed before? Or, the election of species dictates that all divisionals cannot touch anything of the 1st embodiment because it was the election for the parent application, regardless of whether all features of the 1st embodiment have been previously claimed?

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montysimmons

Owner Simmons Patents

Doctoral Degree

568 satisfied customers
I assembled a target for a golf ball for practicing

I assembled a target for a golf ball for practicing purposes, making it all out of parts i got from Home Depot. Its quite clever the way its put together and if it was 'obvious' it wouldn't have taken me three years come up with that way. Can one patent a 'way'? If so what kind of patent would apply? Is there any other (cheaper) ip method to deter someone from replicating my target and selling it?

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Alex Reese

Intellectual Property Attorney

JD

4,040 satisfied customers
Lets say i created a basketball that was more fun to shoot

lets say i created a basketball that was more fun to shoot because of particular markings I put on it.The markings made the rotations of the ball stand out, which creates a little visual appeal that people find amusing.These are marking ive never seen on basketball before (making it seemingly novel and new).Can i protect from someone else putting those exact same markings on basketballs and selling them. If so how?What about if someone else wanted to do a slight variation to my markingslike for example the same markings but 33 percent bigger or the same markings except different color?

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David Stewart

Vice President Legal Affairs

Juris Doctor

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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

Intellectual Property Attorney

JD

4,040 satisfied customers
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

4,040 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

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