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The United States Patent and Trademark Office

The United States Patent and Trademark Office is a wonderful resource for independent inventors. With information ranging from patents & trademarks to scam prevention, the USPTO is there to help you. (more…)

Question: My company owns the rights to a product that has a US patent and trademark.
I am currently receiving some interest from overseas buyers, but the product is not internationally
protected. The inventor did not register the patent internationally and the patent is a few years old. I am
considering filing a trademark application under the Madrid protocol but wondered if there is anyway to protect the product from being copied overseas. Are there such things as international trade agreements or non-disclosures that would prevent foreign parties from copying the formula and packaging?

Answer: Hello Rob, This is Steve replying.
Only if we could see into the future…. We would know whether to
invest in patenting inventions overseas or not. What I recommend to my clients is that they file for an International Patent Application via the Patent Cooperation Treaty (PCT) after filing for their patent applications in the United States. (more…)

Question: I am an independent individual inventor holding IPR in the form of PCT application cleared for national phase entry with affirmative patentability report from WIPO. I am planning to auction my IPR for 123 countries on net directly by a dedicated my own website. All required details will be put on the site. However, I would like to find out any specific legal requirement I may have to comply regarding investor protection etc.

Answer: Sounds like you have received authorization to file at the national level in the PCT countries. PCT applications are published after 18 months. If you are only disclosing what is already published, you are not jeopardizing your rights. As each countries’ laws vary, you would have to consult an attorney in the particular country involved once you have a pending sale. If you have a local patent attorney, he/she can assist with this as well.

Question: “If I invent a sandwich is it patentable ?? or only trademark i can register ? Is egg mcmuffin at mcdonald a patent?”

Answer: In theory, a sandwich is patentable. The reality is that most ingredients used in these sandwiches are known. To use various known foods to form a new combination is most likely going to be deemed obvious: not patentable. Submit your idea though to the Law Office of Steven B. Leavitt at YouInventIt.com for a no cost evaluation.

Question: I am currently performing a skin care process on brides that goes against conventional belief of what should and should not be done to the skin within 7 days of the wedding. I am using a tool that is not specifically targeted for brides but works so well that I have created a bridal protocol around it and would like to obtain a patent. Can this be done and what considerations/concerns are there because of the tool? incorporate the tool?

Answer: Yes, this sounds patentable. Using existing products and tools in a manner that is not known or is non-obvious can be patentable. The tool, if essential to your process, must be included.

Question: First of all is it legal to Make a backup copy of a purchased music cd or a dvd? Second of all could i have an electronics store and offer a free CD to MP3 to MP3 player
service or free Purchased CD backup service?

Answer: When a music CD or movie DVD is purchased, you are not purchasing the full ownership of the copyright. You only have a license to play the songs or movie. The question boils down to “Fair Use.” In the U.S., it is fair use to make a back up copy of software for example. Although argued, one can apparently copy his/her music CD. The copy cannot be sold however for no right of reproduction has been granted the CD purchaser. Also, MP3 or music CD format will not matter. Copying DVD movies is even trickier. The Millennium Copyright Act made it illegal to reproduce copyrighted material from DVDs, so no luck there. This may change in the future, but no one can be sure. If you make copies for someone, whether you sold them the original or not, you would be reproducing. Sounds like trouble to me.

Question: Where is the best place to find out how not to get taken by a medical device company … who wants to buy or license your IP? What terms should be avoided in an agreement and what tricks will the big boys try to do to obtain your technology on the cheap.

Answer: You can always check with the Federal Trade Commission (www.FTC.gov), Better Business Bureau (www.BBB.org) and others to see if the company has a bad record or not. To protect yourself in licensing or assigning your intellectual property rights, you should consult with an attorney familiar with this type of legal issue. You can contact us if you wish for a free assessment. Contact us, the Law Office of Steven B. Leavitt, at (877)-279-3003 for immediate assistance or visit our website, www.YouInventIt.com

Question: “I have recieved a cover letter from a company that Ipaid $600.00 up front….
and they have worked very hard with preparation and keeping me informed. Now we are down to the Retainer and Royalty,with four options. My question ,should I inlist a patent Attorney at this point and have him Go over the information before agreeing to
anything?”

Answer: If you have not yet sought patent protection, you should do this immediately. A qualified patent attorney can best help you achieve the protection you need. If you like, contact us, the Law Office of Steven B. Leavitt, at (877)-279-3003 for immediate assistance or visit our website, www.YouInventIt.com , for more information. We will review your situation and determine if and how we can help.

Question: AFTER READING THESE COMPLAINTS, I AM SO GLAD THAT I DIDN’T FOLLOW THROUGH WITH DAVISONS! DOES ANYBODY KNOW OF ANY LEGIT COMPANY TO GO THROUGH? I HAVE A GREAT IDEA THAT I AM DYING TO PATENT. ANY SUGGESTIONS?

Answer: To truly get the best representation, you should consult with a qualified patent attorney. If you contact the Law Office of Steven B. Leavitt, you can have a free analysis completed. There is no obligation and your information will be treated with the utmost care and protected under attorney-client confidentiality. Submit your invention on their website at YouInventIt.com or call us at 877-279-3003.

Question: Hello, I have an idea/invention for a tool I want to patent but I know nothing about patents and I need help designing the tool… can you help me or now who can? Thanks

Answer: We suggest Don Debelak, www.dondebelak.com.