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Recent Answers from Dr. Patentstein

Q. If a trademark applicant receives an Office Action citing a registered trademark, what measures can the applicant take? posted Monday 1 of June 2015 by Benjamin [trademarks] A. The best solution, given your general question, is to find a trademark attorney and ask him or her. There are many measures which... view tags: trademark, applicant, office action

Q. Why is my employer asking me to sign a document to transfer them rights, title, and interest to the invention? I understand the law to read that they have sole rights to produce the invention since it was conceived on company time using company resources. Why sign the document if they already have the rights to said invention? posted Sunday 3 of May 2015 by Jake [ip litigation] A. I assume you are in the US and that the type of job you have or your employment agreement gives your employer full rights to your ... view tags: employer, transfer, invention, title, interest, company

Q. My question is how long in weeks or months for a filing date with a Patent lawyer? posted Friday 10 of April 2015 by Juan [patent filing] A. If you're an established client or the new client pays in advance, and it's absolutely urgent, it can be done in one day, provided... view tags: long, filing, date, patent, lawyer

Q. Dear Dr. Patentstein, I have a USA patent application which got final rejection.I filed AFCP 2.0 and got advisory action which said that after final amendment will not be treated under AFCP 2.0 due to new issues, and the period for reply expires on the mailing date of the advisory action. What choice I have now? or the application is already abandoned? Can I still file notice of appeal? Thanks Jerry posted Friday 20 of March 2015 by jerry [patent filing] A. First, you question needs to be corrected. The phrase "and the period for reply expires on the mailing date of the advisory acti... view tags: usa, patent, application, final, rejection, afcp, amendment

Q. I have an idea for a patent, but must hire an independent contractor to further develop the idea in order for it to in fact be patentable. We hope to pay the contractor a percentage of net profit if and when the idea is successful. Is there any guidance you can give regarding payment in this type of scenario? Thank you. posted Tuesday 17 of February 2015 by k [patent filing] A. Unfortunately, I cannot give you any guidelines here. This is simply a question of negotiation. It could be that you pay him som... view tags: patent, independent, contractor, profit, payment

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