you can file your patent application within one year after putting your invention in the public market
One does not necessarily have to have sales of product to establish “use in commerce” to obtain federal trademark registration. But it certainly helps to have sales in order to establish such use.
You can have trademark rights separate from registration
You can refile your patent application with a “tweak” now or after your patent expires. However, your prior patent will be considered prior art to your refiled application.
brand owner can file a trademark application based on an intent to use the brand in the future. Once used, the trademark application can become a registered brand.
It's possible that the patent office issues multiple patents for the identical invention. That's because the patent office examiner cannot check for pending patent applications that have not yet published or issued.
Quick ways for patent protection can include a provisional patent application and/or design application.
US patent only prevents infringement in the US. If you make the US patented product in a foreign country and do not export the product into the US, there is no US patent infringement.
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
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
Apart for doing a Google search, you might use one of the many vendors that offer trademark searches. These searches can include common law trademarks (i.e., un-registered trademarks).
same idea can be patented, if the same idea is achieved in a different way or different technology, if the different way/technology is not obvious.
foreign patents can be based on the US patent – which effectively allows the same invention to be patented in different countries
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).
design patent covers the overall shape of something. If your vitamin is in the shape of a brownie, a design patent might be possible
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.
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.
Mailing yourself a description of your invention does help establish a date of invention and the inventor, but give you no patent rights
If the terms of the sale do not include a restriction on resale, then you may alter the patented product for resale free of restriction from the patent.
Patent application is published 18 months from your filing date, or earlier if you claimed priority to a prior application
design patent must be new and not obvious in view of prior designs
You can file a lawsuit in federal court to correct the list of inventors
You might start with a non-disclosure agreement with manufacturers. Also, you might file a provisional patent application before communicating with manufacturers.
You can patent old mediation use, if the using the medication for the something else is new and not obvious
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...