A treatment method that is patentable in the US may not be patentable in Europe. In fact, European patent laws (as opposed to court interpretations of patent law like in the US) specifically exclude human treatment methods from patentable subject matter.
The problem of lack of clinical data to support the scope of patent claims in Europe is a similar problem in the US. Generally, broader claims need more supporting clinical data.
If, during the one year period, you have NOT found that there is a significant market for your product or process, but still want to try to develop your market, one option is to refile your provisional patent application to obtain another year of patent pending status.
If you use the owner's mark, even after cancellation of the owner's federal registration, you run the risk of infringing the owner's trademark rights.
Patent claims are often drafted broader than the experimental examples disclosed. Doing so leaves open the possibility for patent invalidity based on lack of enablement.
Your can protect your fictitious business name (DBA) by filing a trademark application. A trademark serves to identify the source of goods and services. A trademark is a mark (i.e., name) used on or in connection with the goods and services.
It would probably be better to contact a manufacturer after you filed a provisional patent application and after the manufacturer signs an NDA.
Patent and copyright offer different protections for a unique looking product. Obtaining both patent and copyright protection can be advantageous.
A distinction needs to be made between quickly obtaining an issued patent versus quickly filing a patent application. The kind of protection offered by an issued patent is different from a pending patent application
As a general rule, one should always take seriously the receipt of a cease and desist letter that claims you are infringing a patent. A patent pending application does not give one the right to sue for patent infringement. Only an issued patent gives one the right to sue for patent infringement.
The American flag is in the public domain. Therefore, the American flag is not the subject of copyright or trademark. Therefore, if your decal is not a modified version of American flag, you can put it on your product and sell the product.
You can file your federal trademark application before or after you dissolve the LLC. However, if you already have a federal trademark application or registration, that may create a basis for the US trademark office rejecting your LLC trademark application. That assumes that the LLC trademark is essentially the same as your new trademark application or registration.
If you do sell your product before filing a patent, the act of selling starts a one year time clock within which you have to file a patent application. If you do not file within one year, you will be barred from later filing a patent application.
An expired patent does not give one the right to file a patent application that is identical to the expired patent.
A design patent must be new and not obvious in order to be valid. This is the same for utility patents.
You can have trademark rights without registering your trademark. Those unregistered rights are sometimes referred to a common law trademark rights.
CAN YOU AVOID PATENT INFRINGEMENT UNDER THE CURRENT SCOPE OF PATENT CLAIMS IN A PENDING PATENT APPLICATION?
A utility patent application is filed with one or more claims. After the application is filed, the patent office may issue an office action that rejects one or more of the claims. The reasons for rejection can be many.
To check to see if you may be infringing, you would need to check federal, state and common law trademarks.
patent (prior art) search can help you determine the likelihood of receiving a patent. It can also help to determine if your product is already infringing an existing patent.
You have trademark rights upon using the name, such as by placing the name on your product or by placing your name on your website if you offer services
the mere fact of have an LLC name registered with your state's Secretary of State does not protect you against infringement.
A starting point may be to search whether your logo might infringe another's logo. If it does not infringe, and you want to register your logo without the help of an attorney, go the the US trademark office to complete a trademark application - https://www.uspto.gov/trademarks-application-process/filing-online
there is no single patent application that can be filed and provide worldwide protection. There is a filing mechanism, called the PCT, which allows you to file a single application and which can then be followed up with country specific applications or regional applications (like Europe).
patent infringement for past damage goes back six years
Patentability depends on whether the invention to be patented is obvious over prior patents. Therefore, it is not always true that a narrow patent makes a broad patent obvious