shop4patents Blog

Question: I have an invention idea, I have been working on for years now and even went through an invention co. & they wanted to market it, but I did not have $10.000. It’s not even patented. How do I find or even look for Patenting and Marketing investors, so my product can be put on every vehicle in the world?

Answer: Before using any Invention marketing company you should see if they have any complaints filed against them at the PTO. Also, talk to industry leaders or somebody who is familiar with the industry to see if they know of anybody. The united inventors association http://www.uiausa.com/ may be a good place to start. In addition, you should join your local inventors group as they may have some ideas.

You should be very careful about discussing your invention with an “Invention Co.” or invention marketing company because you have one year from the date you disclose your invention to the public or offer it for sale to file for patent protection on the invention. If you do not file for patent protection within that one year, you could lose your rights to the invention.

Nothing in this response is meant as legal advice and should not be taken as such and no legal opinions or advice have been expressed. Unless otherwise noted, no attorney-client relationship exists between any attorney at the Law Office of Steven B. Leavitt and any reader of this information. If you have legal questions specific to your individual needs, then you should consult with an attorney or other qualified legal professional.

Question: Many years ago I thought of an invention that I believe would sell like crazy. I can not manufacture the product myself nor would I want to. There are already some very big companies that basically have a monopoly on a product similar to mine and it would be very easy for them to change their existing products to “my idea” (which when changed creates a whole new product which is used for a completely different purpose than their existing product). I know that probably sounds very confusing but without telling you what my idea is it’s very hard to explain. My question is this. I can’t afford to patent my invention. Is there a way that I can approach one of these big companies and tell them my idea and still be protected so that if they market my product I will be guaranteed compensation? I realize that non-disclosures exist but I’m not sure just how binding they are or if there are ways that they could get around honoring them.

Answer: Non-disclosure agreements are binding and when they are properly written are difficult to get around. Your situation sounds confusing and I strongly suggest you discuss your questions with a registered patent attorney.

This is just a general summary and it would be best if you discussed the issue with a registered patent attorney. Please be advised that I do not know the details of any particular situation you may have, and am just discussing the general state of the law.

Nothing in this response is meant as legal advice and should not be taken as such and no legal opinions or advice have been expressed. Unless otherwise noted, no attorney-client relationship exists between any attorney at the Law Office of Steven B. Leavitt and any reader of this information. If you have legal questions specific to your individual needs, then you should consult with an attorney or other qualified legal professional.

Question: I work on a golf course and I have an “idea” how golfers can look down a fairway, say on the opposite side of a hill, to make sure it is clear and safe to hit their next shot. My idea involves products that already exist. These products would just be used in a different way. Can I get a patent for this, “idea”? What kind of a patent would it be?

Answer: You can get a patent on an idea that uses existing technology so long as the technology is used in a new, unique, and non-obvious manner. This is just a general summary and it would be best if you discussed the issue with a registered patent attorney. Please be advised that I do not know the details of any particular situation you may have, and am just discussing the general state of the law.

Nothing in this response is meant as legal advice and should not be taken as such and no legal opinions or advice have been expressed. Unless otherwise noted, no attorney-client relationship exists between any attorney at the Law Office of Steven B. Leavitt and any reader of this information. If you have legal questions specific to your individual needs, then you should consult with an attorney or other qualified legal professional.

Question: My best friend handed me a product that was patented in the USA in 1985… The product was shelved for various reasons….The patent is still available online but is now outdated…. What do I do to re-patent this product?

Answer: This is just a general summary and it would be best if you discussed the issue with a registered patent attorney. Please be advised that I do not know the details of any particular situation you may have, and am just discussing the general state of the law. Patents in force on June 8, 1995 and patents issued thereafter on applications filed prior to June 8, 1995 automatically have a term that is the greater of the twenty years from the filing date of the patent or seventeen years from the patent grant so you would have to look at the filing date.

Patents filed after June 8, 1995 are valid 20 years from the date they were filed so you would have to look at the filing date of the patent to determine when the patent will expire. Also, all utility patents which issue from applications filed on and after December 12, 1980 are subject to the payment of maintenance fees which must be paid to maintain the patent in force. These fees are due at 3 ½, 7 ½ and 11 ½ years from the date the patent is granted and can be paid without a surcharge during the “window-period” which is the six month period preceding each due date, e.g., 3 years to 3 years and six months .

Failure to pay the current maintenance fee on time may result in expiration of the patent. A 6-month grace period is provided when the maintenance fee may be paid with a surcharge. The grace period is the 6-month period immediately following the due date. The Patent and Trademark Office does not mail notices to patent owners that maintenance fees are due. If, however, the maintenance fee is not paid on time, efforts are made to remind the responsible party that the maintenance fee may be paid during the grace period with a surcharge.
You should talk to a registered patent attorney to discuss the specifics of your case. Finally, you will not be able to “re-patent” the product.

Nothing in this response is meant as legal advice and should not be taken as such and no legal opinions or advice have been expressed.
Unless otherwise noted, no attorney-client relationship exists between any attorney at the Law Office of Steven B. Leavitt and any reader of this information. If you have legal questions specific to your individual needs, then you should consult with an attorney or other qualified legal professional.

Question: I have an idea for starting my own business on the internet. I would like to sell dog clothing. I would make my own clothes for the dogs. Do I need a patent for clothing? What happens if I accidentally duplicate a clothing item, which someone has already come up with?

Answer: This is just a general summary and it would be best if you discussed the issue with a registered patent attorney. Please be advised that I do not know the details of any particular situation you may have, and am just discussing the general state of the law.

In order to obtain a patent on clothing the clothing must be new, novel and not obvious. If your dog clothing is similar to what is already out there then it is doubtful you would be able to obtain patent protection on your clothing. Also, it would be relatively difficult for somebody else to obtain a patent on dog clothing that was similar to what is current available. If you are very concerned about infringing on somebody else’s patent, then you can have a prior art search done to determine if somebody else has a patent on your idea. Again, I suggest you contact a registered patent attorney to discuss the specifics of your problem.

Attorney Steven Leavitt and Jillian Freed’s new interactive Internet radio show, is a call in program that address’s Inventor’s questions and topics related to Intellectual property. “You Invent it, We protect it” started airing September 8th with interesting expert guest hosts each week.

If you would like information on advertising or how you can be a guest on the show, call 1-877-279-3003. Remember to call into the show and Steve will answer all your questions about patent protection for your next invention, trademark and copyright registration or any other Intellectual Property topics you desire. Make sure to check back regularly for show schedules, guest biography’s new topics, copies of previous airings, advance show information and more.

Become informed on how to protect your ideas before it is too late! To access the show, log on at http://www.wsradio.com/youinventit/.

Or e-mail questions in advance to be read online to radio@youinventit.com. Call in live on Thursdays 1 p.m. central standard time with questions and comments at toll-free at 1-888-327-0061 in the U.S. or 858-678-8958 International.

Now you can sign up for the YouInventIt.com Newsletter. The Newsletter is your key to events involving all aspects of Intellectual property. From Patent contests worth $1,000,000 to FREE listings for your patents for sale we have it all! Also, make sure to check out Attorneys Steven Leavitt and John Pemberton along with Jillian Freed’s new interactive Internet radio show, is a call in program that address’s Inventor’s questions and topics related to Intellectual property.”You Invent it, We protect it” airs live Thursdays 11am PST/ 2pm EST with interesting expert guest hosts each week relating to the related Patent, Trademark or Copyright topic.

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