Patent and Invention Help Forum

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Sorry I don't know the trademark rules.  I will leave your question posted here in case someone else can answer it.

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I would like to use trademarked words (strictly hypothetical for use of my question, let's say it's: candy cane) for my patent pending product line.  The trademark was marked 'cancelled' and 'dead' since 2015.  The dead trademark (candy cane) is not being actively used, according to an internet search.  The business that owns the trademark has those two words in it's title--again, this is all made up for use as an example, called:  candy cane, inc. From the search I conducted, they are no longer in business, and I doubt they want to use the trademark. I would like to contact the owner to get permission to use the trademark, if they are definitely no longer using it. My 2 questions are: Should I do that?  And will that letter cover me legally if they say it's ok to use in writing?  I know this is not directly related to patents, so if it can't be answered in this forum, I understand.
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Patent Questions and Advice / Re: Business method vs utility method patent
« Last post by Brad on July 17, 2017, 02:44:00 PM »
Hi,

1) A "business method" patent would fall under the umbrella of a "utility" type patent.   The claims you would write for this would be either (or both) method or system claims so I guess you could call it a "utility method" patent but thats not a term I hear often.   See this video for types of patents:
https://www.youtube.com/watch?v=q_QuIaM4Yo8
then read this:  http://patentfile.org/software/

2)  No patent application will "prevent" a company from doing something.  Only a valid and issued patent can be used to stop someone from copying you.   So if you wanted to stop someone you would have to file a full non-provisional, see it through to issuance (which can take years and several thousand dollars), then sue someone which could cost 100k or more.  See this post:
http://patentfile.org/you-have-a-patent-so-what/



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Patent Questions and Advice / Business method vs utility method patent
« Last post by Danny Halprin on July 17, 2017, 01:57:28 PM »
Is there any distinction between a business method patent application and a more standard utility method patent? I understand that the general language of a business method patent application would include more business lingo and a more business approach, like "how does this system provide value" but is it the same application?

Does a business method provisional patent prevent companies from pursuing product that utilize your business method entirely?

Thanks so much!
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Patent Questions and Advice / Re: Changes to provisional patent drawings
« Last post by Brad on July 13, 2017, 08:23:32 AM »
In my opinion its worth the extra $65 to file an updated provisional with the updated drawings.

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Patent Questions and Advice / Changes to provisional patent drawings
« Last post by luvsdecor on July 12, 2017, 12:34:42 PM »
Hi
In the time since I wrote my Provisional Patent, I have discovered a slightly different way to execute one of the features. My description is fine, and fortunately covers me regardless. However, my drawing would be slightly different if I were just submitting the provisional today.  Can the final execution of my product look slightly different from my original rendering, and still maintain the original provisional filing date?  Or should I spend the money and re-apply for a provisional, with the updated drawing?  I don't want to wait until I do a non-provisional, because I don't know if or when I will be doing that; I'm afraid someone will start producing my idea before I can get to it.
   Thanks in advance.
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Patent Questions and Advice / Re: am I breaking any law by producing my product?
« Last post by Brad on July 05, 2017, 05:57:08 AM »
Sorry.  We do not (and cannot) provide any legal advice here.  If you are worried about possible infringement of another patent you should hire an attorney to review your product and any related patents and give you a "freedom to operate opinion" or a "clearance opinion"

If you have any questions about patenting your own product we would be happy to try and answer those here for you.

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Patent Questions and Advice / am I breaking any law by producing my product?
« Last post by Viktor Myslivec on July 05, 2017, 04:59:31 AM »
Hello,

I am planning to start producing new product which does not exist on the market yet. Problem is that one of its main parts is grinder card sticked inside of the product. I am not planning to use valleys which are main point of this patent (if I understand right) and not even any specific shape created from the grinding holes. My grinder card has bigger dimensions than the one from V-syndicate and it will be sticked inside of the product. Would I break any law by producing my product which contain grinder card manufactured without using these specific patented features?

thank you in advance for any advices.
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Patent Questions and Advice / Re: Patent Prior art
« Last post by Brad on June 22, 2017, 05:42:12 AM »
You can try to challenge their patent in something called Post Grant proceeding:
https://www.uspto.gov/patents-application-process/appealing-patent-decisions/trials/post-grant-review

You may also be able to prove that you invented and were selling the product before they filed their patent which may cause their patent to be invalidated.


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Patent Questions and Advice / Re: 12 month grace period in the USA ?
« Last post by Brad on June 22, 2017, 05:39:47 AM »
Yes.  The inventor has a 12 month grace period to file their patent in the USPTO.  This is not true in most other countries.

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