Claimed Lawyer ProfileQ&A
- Intellectual Property
Jurisdictions Admitted to Practice
- English: Spoken, Written
- Indonesian: Spoken, Written
- The University of Denver Sturm College of Law
- J.D. (2006) | Law
- University of Southern California
- B.S. (2000) | Chemistry and Chemical Engineering
- California State Bar  # 249483
- - Current
Websites & Blogs
3 Questions Answered
- Q. How can you patent the same idea twice?..Pat # 6687991....and Pat # 4083105 expired
- A: Without looking up the actual patents you cited, more facts are needed to answer this question, such as whether the two patents have a common inventor, a common assignee, or the same inventive entity. Also, one can apply for what's called a "divisional application," which is a later application for an independent or distinct invention, carved out of a pending "parent application" and disclosing and claiming only subject matter disclosed in the earlier parent application. It may be possible that the two patents you cited resulted from two divisional applications from the same parent application. There is a doctrine of double patenting which seeks to prevent the unjustified extension of patent exclusivity beyond the term of a patent. Double patenting results when the right granted by a first patent is unjustly extended by the grant of a later issued patent or patents. A double patenting issue may arise between two or more pending applications, between one or more pending applications and a patent, or in a reexamination proceeding between the patent claims being reexamined and the claims of one or more applications and/or patents. While considering the factors I mentioned above, the question to ask is whether the same invention is being claimed twice. 35 U.S.C. 101 prevents two patents from issuing on the same invention.
- Q. If a servicemark is never registered and later abandoned, can I use it and register it?
- A: There is no simple answer to your question without more facts. The answer to your question depends on a number of issues, including what you mean by "abandoned," whether you are using the mark for the same goods or services, whether you are talking about a U.S. mark or a mark in another country, etc. For example, the European Union may allow you to register a mark that has not been in use for 5 years, if you can prove the facts. You must also be aware that sometimes an owner of a mark may maintain its rights in some countries, but not in others. If you are talking about a U.S. servicemark or trademark, in general, the key to a mark ownership is actual use. For example, a party may apply for a U.S. federal mark registration, later decides to "abandon" the application before the mark is ever registered, yet continues to actually use the mark in the market. In this instance, assuming you want to use the same mark for the same services, the mark is not yet abandoned. However, it is possible to use a mark that is no longer in actual use. For example, Procter & Gamble once owned the WHITE CLOUD mark for bathroom tissue. It also owned the mark CHARMIN for the same goods. Later, P&G decided to discontinue using the WHITE CLOUD mark. Another business began using the mark and concluded a licensing deal with Wal-Mart, so that WHITE CLOUD tissue is now sold exclusively in Wal-Mart stores. You should contact an experienced trademark attorney before you decide to use an abandoned mark.
- Q. Before she died, my sister gave me all her photographs, negs, rights to her work. How do I copyright them?
- A: You may file as a co-author on works that you collaborated with your sister. When you file, you will have to provide information your contribution to the works. On works which she solely authored, you can still be a claimant of the copyright and include a transfer statement showing how you obtained the copyright (for example, via a will or an assignment while she was still alive).
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