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Recent Utility Patent questions

I am a foreign seller, selling branded-imported products

I am a foreign seller, selling branded-imported products manufactured in China only on Amazon.com. One product was blocked due to a Patent Infringement Claim by a US based rights US owner, via Amazon - we managed to restore the product within 1 month because the Plaintiff didn't provide the patent design numbers that we are infringing. However, our legal counsel retained in the US has pressed them to clarify which patents are we infringing, since their 6-7 yrs old design patent that would partially match our design was not displayed on their official website. Their lawyer provided some US patent numbers and has sent an analysis chart with the alleged infringement, citing the mentioned patent that was not displayed at the time on the US plaintiff's website (now it is). Since there is an infringement claim present (let's assume this, although our design and functionality has been upgraded/improved), what would be the best solution to eliminate/avoid any potential litigation any further (we want a 2nd opinion)? Their initial action was to report us to Amazon to close our product. We are open to all options since they are probably waiting for an answer following their found patent claim.

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I work in the knife industry where I customize and modify

I work in the knife industry where I customize and modify existing production folding knives. Some companies like Emerson Knives Inc. and Spyderco have trademarked their opening feature (i.e. the 'wave' and the 'spydie hole'). If I were to make a new blade for their own knife and install it on their knife (i.e. not a knife I made) would this be acceptable?

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montysimmons

Owner Simmons Patents

Doctoral Degree

594 satisfied customers
Is there any reason to not file multiple provisional patents

Is there any reason to not file multiple provisional patents as the concept develops and then you can reference the version that best suits the patent finally submitted.

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Alex Reese

Intellectual Property Attorney

JD

4,182 satisfied customers
Are there any patent attorneys here that are familiar with

Hi, are there any patent attorneys here that are familiar with filing provisional patents?JA: What's the invention's purpose?Customer: It will be a strap device to hold a vaporizer.JA: Has anything been filed or reported?Customer: I haven't researched it yet, but I have not seen anything like it in the marketplace at this time.JA: Anything else you want the lawyer to know before I connect you?Customer: I just have questions regarding the device itself and exactly what can be patented on it. My product will consist of 3 elements. Two of the elements are existing products which are already patented. The third element of the product is a part that I am having manufactured. All 3 elements will be combined to make my product. Ok thank you.

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Alex Reese

Intellectual Property Attorney

JD

4,182 satisfied customers
My question is regarding a patent, Smoking device. There is

My question is regarding a patentJA: What's the invention's purpose?Customer: Smoking device. There is a patent on a product and I was wondering if I could work around that by adding a function to the device and not get into any legal trouble.JA: Has anything been filed or reported?Customer: FiledJA: Anything else you want the lawyer to know before I connect you?Customer: No

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LawyerDavid

Vice President & General Counsel

Juris Doctor

732 satisfied customers
I am debating filing a provisional patent but am trying to

I am debating filing a provisional patent but am trying to understand the value. A provisional patent, as I understand it, would give you proof that you created something before your competitors but I've been told the provisional patents are not publicly searchable or available. So, what is the use? If a patent isn't searchable, a competitor may not be able to steal your ideas or know where you are going with your products but, at the same time, they can't review your pending patent to ensure they won't be infringing on your technology.

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LawyerDavid

Vice President & General Counsel

Juris Doctor

732 satisfied customers
A company provided their patent ID of '62/414,365' and I'm

A company provided their patent ID of '62/414,365' and I'm trying to find this 'pending' patent. Not sure if it provisional or not.Can you help?I searched on USPTO but wasn't able to find it.

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Alex Reese

Intellectual Property Attorney

JD

4,182 satisfied customers
For montysimmons] Would like to know how the design-utility

For montysimmons] Would like to know how the design-utility double patenting rules are applied, using this scenario: a utility application was filed for a pillow with a unique contour on 1/1/2015 with claim 1 reciting the unique contour as the main patentable subject matter; on 7/1/2015, while the utility application was pending and not yet published, a design application was filed, with a set of updated drawings that weren't disclosed in the utility application, for the pillow.Claim 1 of the utility application reads on the drawings of the design application. So the device in accordance with the design application necessarily includes all elements in claim 1 of utility. The other way around is not necessarily true though: a device in accordance with claim 1 of utility not necessarily infringes the design because the design is really just one embodiment of the claim 1 of utility. Now the design patent has issued first. The question is, is the utility application faced with the double-patenting problem? I know it's been settled that there IS this thing called design-utility double patenting but I haven't seen a good example – is it a one-way test or two-way test?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

119,244 satisfied customers
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

4,182 satisfied customers
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