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Recent Answers from Dr. Patentstein

Q. I want to use the 30-month application-filing sequence, provisional->PCT->nationals. The invention comprises two components, A and B. After filing both a provisional and a subsequent international PCT, I realized that a second version of B is possible, and I would like to protect both. Calling the first application AB1, which has not published, what are my options for AB2? A continuation in part offers an option for the US national filing. Is there any way to file a single international application covering both AB1 and AB2 in which different claims have different priority dates? posted Wednesday 26 of June 2013 by Arthur [patent filing] A. You can always file a follow-on PCT on an improvement to your already filed application, provided that the invention is not yet pu... view tags: 30 month, application, filing, sequence, pct, provisional

Q. I wrote a fictional, humorous story in which two characters write a spoof song inspired by a real song. The fake song has a different title from the real life song as well as completely original lyrics. Do I need permission from the real song's singer to have such a thing published? Also, I did mention clearly in the story that the characters are spoofing the real song. posted Sunday 16 of June 2013 by Jennifer [copyrights] A. This is a grey area for which you definitely need face to face counsel with an intellectual property attorney, in order to receive... view tags: fictional, story, spoof, song, permission

Q. I have received a Notice of Allowance for claims contained in an examiner's amendment. The claims are not exactly as I'd want them, but I feel my options are few. I am aware I can file a continuation before issuance, but I've also heard that some type of formal response to the amendment should be filed. Can you describe what this response should look like? posted Thursday 13 of June 2013 by Jo [intellectual property] A. If you're an independent inventor, the Examiner is obligated to help you with such questions. So, please call the Examiner and exp... view tags: notice of allowance, examiner, amendment, claims

Q. Let's say there's a product that is no longer made for a long time. I loved it and want to build my own. Then, I think to myself, if I upgraded it, made it better, "I could make a MILLION." After the sweat dried up and my pulse normalized, I wondered about patents. What is the best, fastest, and least expensive way to find out if I would be infringing on current patents? posted Wednesday 5 of June 2013 by Brian [patent searches] A. You have a patent clearance search done. Just the search may cost $1500. Then comes the analysis as to whether you're infringing. ... view tags: upgrade, best, fastest, expense, infringing, infringe, patent

Q. I think I made a mistake about a month ago and disclosed an idea that I had to a colleague. I'm in the process of taking the idea to market, but it hasn't gone public yet. I wasn't planning on patenting it, but it very well might be patentable. Can the person that I disclosed the idea to patent it? posted Monday 3 of June 2013 by Benjamin [ip litigation] A. Yes, but the patent would be subject to attack for failing to name the true inventors, at least in countries where the correct nam... view tags: disclose, idea, patent, colleague

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.