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Recent Answers from Dr. Patentstein

Q. I have a food recipe that I believe can be patented. However, I do not know the first thing about it. How do I begin this process? And how would I find out if my recipe could even be patented at all? It is a food recipe that would be used for baby food. posted Monday 16 of September 2013 by Theresa [patent filing] A. Pure recipes which comprise a mixture of known ingredients are not patentable in the US, unless something synergistic or unexpecte... view tags: food, recipe, patent, baby

Q. I was wondering if you could please advice on the following: 1. Could you please provide an approximate cost of submitting a full patent application in the US (provisional already submitted) and the cost for going into international phase, specifying the following countries Netherlands, Germany, UK, France, Japan, and New Zealand. 2. If we decide at a later date to not continue in a specific country, is it possible to cancel the specific country patent application prior to incurring the examination fees? 3. If we submit the full patent in Australia and use the US provisional priority date and we do not go ahead and submit the full patent in the US, will this have any effect on the full patent application in Australia? 4. If we do not submit the full patent application in the US within the 12 month anniversary date can we submit the application at a later date, in the US as well as the specific EU countries? Is it that we just lose the priority date? posted Tuesday 10 of September 2013 by jeanette [fees & costs] A. Here are my initial responses in ALL CAPS, in the body of your text: 1. Could you please provide an approximate cost of submitt... view tags: patent, application, us, quote, cost, estimate, netherlands, germany, uk, france, japan, new zealand

Q. I have a piece of merchandise I want to sell. Is it ok to purchase a plain wooden gift box from a hobby store and decorate it to put my merchandise in. Or do I have to create my own box? posted Wednesday 21 of August 2013 by Cathy [intellectual property] A. I see no problem with this, as patent rights are exhausted with a purchase. You shouldn't put the piece of merchandise in a decept... view tags: merchandise, wooden, gift, hobby, decorate

Q. Is it possible to have a granted patent deeded to the public? posted Friday 5 of July 2013 by Ignace [patent filing] A. Yes, you can simply sign an assignment of your rights to the public and have this recorded with the patent office. Or simply don't... view tags: granted, patent, deeded, public

Q. What is a priority date of a Patent of Addition? posted Monday 1 of July 2013 by Alice [patent filing] A. Patents of addition are peculiar to Australia and India for example. Seek the advice of an attorney based in one of these countrie... view tags: priority, date, patent, addition

Providing initial English-language answers to your English, French or German questions about international patent and trademark matters, more specifically, US, European and Chinese patent and trademark law and the related registration processes.