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Intellectual Property – Questions Related to "Intellectual Property"

Q. My boyfriend created a design for a hardshell backpack as part of his classes at university studying industrial design. He posted photos of a completed prototype on his portfolio site and received minor online press for it. Now a designer is claiming that the design infringes on his patent (No. U.S. D660,584 S). First of all the design is very different in all its features, and construction and function. Second, the design is not for sale and the physical piece doesn't even exist anymore, it broke. Do we have anything to worry about, or is this guy just jealous and trying to scare him? posted Thursday 18 of June 2015 by Vivian A. If you are indeed right in your analysis of the similarities and differences, it may be best simply to play dead. This letter is m... view tags: design, prototype, design, infringes, patent

Q. If I am making a technology and a patent for a part of it exists but my method of implementation is different then does it still come under patent infringement? posted Friday 29 of November 2013 by Ram A. It could be. This is almost always a complex situation involving a study of the prior art and a comparison on the elements of the... view tags: infringement, technology, patent, method

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 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. 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 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. Am I infringing on patents if I were to sell a product that I made from off the shelf components which are already patented? posted Thursday 23 of May 2013 by Terry A. Thanks for this question. No, if you buy from companies that have the rights to make the components, you receive an implied licens... view tags: infringing, product, patent, sell, shelf, components

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