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Recent Utility Patent questions

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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David Stewart

Vice President Legal Affairs

Juris Doctor

466 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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David Stewart

Vice President Legal Affairs

Juris Doctor

466 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

4,126 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

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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

4,126 satisfied customers
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

570 satisfied customers
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

570 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

4,126 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

466 satisfied customers
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