Mark David Torche

I have been a practicing patent attorney for over 15 years with a background in physics and engineering. I run my own firm Patwrite Law that specializes in working with private inventors and small businesses. I taught high school physics for many years before going to law school I build and fly RC airplanes for fun.

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New York

Since 2000

USPTO Federal Practice

Since 2000

Patent Attorney

Current

Patwrite LLC is an Intellectual Property Law Firm offering free initial and follow-up consultations. This means that you can get the answers you need without worrying about getting billed. Our firm specializes in working with private inventors and small business owners to ensure that you get the best intellectual property legal protection. Our service is superior and we offer very flexible payment plans. Call for a free consultation or email us.

Drake University Law School

S.J.D | Law

1996 - 1999

Honors: Graduated with honors

State University of New York - College at New Paltz

B.S | Science Education

1989 - 1992

State University of New York - College at New Paltz

Physics, Computer Science

1982 - 1986

New York State Bar  # 3012481

Member

2000 - Current

Q. If an app in in the playstore but no Patent is present of that, can I Patent my App idea which is almost the same as it

March 18, 2021

A: The short answer is probably not. If if is not identical to what you are doing, you would likely have to convince the patent office that it is not obvious over what is already publicly available. In order for a more complete answer (the details matter) you would need to speak with a patent attorney or agent to look at your specific situation. In general, most apps are not patented since they tend to move so rapidly, but of of course sometimes it is a good idea to try to get a patent.

Q. How do I protect myself against people trying to take an expired patent my dad had over 20 years ago .

October 15, 2018

A: Unfortunately for you, once a patent has expired anyone is free to make use of it. The purpose of a patent is to bring new things to the marketplace and to add to the general knowledge base of the country. This is why it included in the Constitution. It is possible there are some other intellectual property issues that might give you some protection, such as trademark or copyright or even improvements that did not make it in the expired patent so it might be worth your time to consult an attorney to look over your case, but in general, there is no protection once a patent expires.

Q. If you file a second provisional patent application, can it duplicate same data that was in the first?

July 2, 2018

A: The short answer is yes. As long as there are no other issues such as public disclosure. You can actually file the exact same provisional application after the first one expires as long as you realize that provisional applications cannot claim priority to any other applications so each application will get its own filing date with the one year time to file full utility starting on each filing independently.