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1

Patent Questions and Advice / Re: Design Patent on an Abandoned Patent

« Last post by Brad on June 04, 2019, 04:48:52 PM »

A provisional application is one type of "utility" patent application so I am not sure I understand your questions.  Read this post on the different type of applications:  https://patentfile.org/what-is-a-provisional-patent-application-for/

If you are asking about starting with a provisional and then switching to a design you can file both but to be safe I would try to file them around the same time so perhaps file the provisional first and then try to file the design a few weeks later.   

Just make sure the focus of the provisional is on functional items not related to the ornamental design as that could also cause potential problems down the road.   

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Patent Questions and Advice / Re: Design Patent on an Abandoned Patent

« Last post by LWMDC on June 03, 2019, 07:11:59 PM »

If I anticipate not acquiring a unique Utility Patent, but have an invention different enough to obtain a design patent, am I precluded from filing a Provisional Patent in the hopes of getting a unique Utility Patent.  And if so, could I change my mind during the 1 year Provisional Patent period and file the Utility Patent while letting the Provisional Patent lapse.

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Patent Questions and Advice / Re: Patent? Trade secret? Or Trade mark?

« Last post by Brad on May 30, 2019, 04:16:49 PM »

If I had a new software product in the business/finance space I would try all options to protect it:

1) Patent with a focus on any technical challenges the software solves (this is a long shot but may be worth it depending on the amount of investment going into the product)

2) Copyright to protect the code (stops people from copying your code directly)

3) Tradesecret on any process, formulas, etc. that can be kept secret (object code) and that are not included in the patent.

4) Trademark on the name/branding of the product.

Likely item #4 will be most valuable.   There are 100s of auction websites out there but eBay is a billion dollar company because of its brand recognition and user base, not because of their patents.

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Patent Questions and Advice / Re: Patent? Trade secret? Or Trade mark?

« Last post by DC on May 30, 2019, 01:00:10 PM »

On the website you state that a patent may not be necessary for software developed for the business or finance industry. How do we best protect our software from not being duplicated? Is copywriting sufficient?

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Patent Questions and Advice / Re: Design Patent on an Abandoned Patent

« Last post by Brad on May 27, 2019, 10:24:53 AM »

If your product looks different from the original patent and has a new "design" to it then yes you should be able to get your own new design patent approved.   

If it looks the same as the original it will likely be rejected as not being a new design. 

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Patent Questions and Advice / Design Patent on an Abandoned Patent

« Last post by LWMDC on May 26, 2019, 11:22:19 PM »

I have an invention that would likely fail to receive a Utility Patent due to a pre-existing patent.  My invention is significantly different from the existing patent but probably not different enough to warrant a unique Utility Patent.  The pre-existing patent however was abandoned.  Can I get a Design Patent referencing the abandoned patent? 
Thank you

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Patent Questions and Advice / Re: Patent? Trade secret? Or Trade mark?

« Last post by Brad on May 17, 2019, 09:02:55 AM »

If you are not the person who first created or invented the drink than you are not allowed to apply for a patent.  Only the original inventor of the invention can apply for a patent.

I would consider looking into a Trademark to protect your branding and imaging.   A good trademark attorney is: https://jpg.legal/

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Patent Questions and Advice / Patent? Trade secret? Or Trade mark?

« Last post by hjavidnia on May 16, 2019, 02:47:45 PM »

Hello everyone!
I have an idea of a Drink which is very popular in some countries, but not her in the US. Since I am planning to make and sell it myself, I am worry that everyone can copy and sell it.
My question is that should I patent it or just trade secret or trade mark?
 
Also, Since the drink that I am thinking about, comes with 6 different flavors, should I go through patent process for each one individually?
I am willing to hire a patent attorney, just want to have an idea of what should I go through,
Thank you.

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Patent Questions and Advice / Re: 102 date and private social media disclosure

« Last post by DeepOrange on May 14, 2019, 12:35:04 AM »

Thanks Brad,
Thats actually quite helpful. If there is no clear cut ruling about it then it is probably ok as long as common sense is used.
In this case a social media group is used purely to communicate between beta testers to share experiences and ideas. There is no selling or promotion going on.
This could easily be demonstrated if needed by simply adding the interested party to the group and having them peruse the discussion.

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Patent Questions and Advice / Re: 102 date and private social media disclosure

« Last post by Brad on May 13, 2019, 11:14:08 AM »

That is a really good question and as far as I know there have not been any cases to test this scenario.

If I had to guess you may be okay under the public use/disclosure rules but I may be worried about the "offer for sale" rules if it looks your offering of a beta product is an "offer for sale".   Basically even secret or limited offers for sale can count against you:  https://patentlyo.com/patent/2019/01/supreme-court-secret.html

Sorry I cannot answer for certain and I dont really think anyone can answer this without doing a lot of legal research on the topic.