PATENT PRIOR ART

Posted by Michael Shimokaji | Jun 03, 2019 | 0 Comments

if the examiner can find all of your claimed invention features in prior patents, you will probably not be successful in convincing the examiner that your invention is not obvious

PREVENT STEALING OF PROVISIONAL IDEA

Posted by Michael Shimokaji | May 28, 2019 | 0 Comments

might be best to first file a provisional application before disclosing the invention to the manufacturer. But even if you do, the manufacturer can still steal the idea and you would not be able to sue for patent infringement with a provisional application

LIMIT OF DESIGN PATENT PROTECTION

Posted by Michael Shimokaji | May 15, 2019 | 0 Comments

Design infringement occurs when the allegedly infringing device is substantially the same as the design patent, when viewed by an ordinary observer. Unfortunately, the infringement test is not based on an amount of difference (e.g., slight).

ASSIGNMENT OF INVENTION TO EMPLOYER

Posted by Michael Shimokaji | May 09, 2019 | 0 Comments

you really think you will be inventing a product – even on your own time – that might “relate” to your employer's business, you might want to consider declining employment. Otherwise, you would likely be obligated to assign it to your employer – under your language and your employer's language.

SHOULD YOU NOT FILE PROVISIONAL?

Posted by Michael Shimokaji | May 05, 2019 | 0 Comments

Generally, filing a provisional is better than not filing anything – even if the provisional lacks information. In the above example, you could file a non-provisional within one year of filing provisional A, in additional to within one year of provisional A+B.

SIMULTANEOUS UTILITY AND DESIGN PATENTS

Posted by Michael Shimokaji | Mar 18, 2019 | 0 Comments

QUESTION: Should design and utility applications be submitted simultaneously? I have an invention that may support utility and design claims. Must I Pursue both patents simultaneously. Or can I apply at different times. ANSWER: If you eventually want to have design and utility patents on the sa...

HOW TO FIND A PATENT ATTORNEY

Posted by Michael Shimokaji | Jan 23, 2019 | 0 Comments

QUESTION: What's a good strategy to search, find and pick the right attorney for me among hundreds if not thousands of attorneys in LA? I am looking for a patent attorney to research and file a design patent. ANSWER: If you cannot obtain a referral to a patent attorney from someone you trust, t...

USING TRADEMARKS IN SEARCH TAGS

Posted by Michael Shimokaji | Jan 21, 2019 | 0 Comments

QUESTION: Using trademarked words in search tags? I design and make shirts & totes & other crafts, and sell these on Etsy. I would never use logos or trademarked names in my products or product titles, however, I do have a question about search tags. Etsy allows sellers to tag their items with s...

TRADEMARKS IN FOREIGN COUNTRIES

Posted by Michael Shimokaji | Jan 21, 2019 | 0 Comments

QUESTION: Can I use a trademarked word that's registered in the UK, but not in the USA? Does that trademark apply to the US at all. I want to revive a dead community website, I own the domain but upon further research I noticed the word mythros is trademarked in the United Kingdom. However, it's...

WHEN TO REGISTER YOUR TRADEMARK

Posted by Michael Shimokaji | Dec 15, 2018 | 0 Comments

QUESTION: When do I trademark, before or after I begin to establish my brand? I checked USPTO's TESS, and the name I'd like to trademark for my brand is available. Should I start the trademarking process now, while still in the planning phases of my business, or would my application be more succ...

TRADEMARK REGISTRATION FOR DIFFERENT GOODS

Posted by Michael Shimokaji | Dec 09, 2018 | 0 Comments

QUESTION: I have a registered trademark in one class. If I want to register the same name in an additional class what am I required to do? My trademark is in 037 and I want to add a related product class or maybe an education class to that same registered name. By the way, I just renewed my 8 & 9...

Trademark Confusion/Protection in Different States

Posted by Michael Shimokaji | Nov 11, 2018 | 0 Comments

QUESTION: Can another business in another state use my trademarked business name? I have a business in VA with a trademarked name. I just discovered another business in TX using the same name. My business started out doing what they???re currently doing, but has since evolved. Their business doe...

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