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Mark David Torche

Mark David Torche

  • Intellectual Property, Patents, Trademarks
  • New York, USPTO Federal Practice
Claimed Lawyer ProfileQ&ASocial Media

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.

Practice Areas
  • Intellectual Property
  • Patents
  • Trademarks
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
New York
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USPTO Federal Practice
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Professional Experience
Patent Attorney
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
Honors: Graduated with honors
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State University of New York - College at New Paltz
B.S | Science Education
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State University of New York - College at New Paltz
Physics, Computer Science
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Professional Associations
New York State Bar # 3012481
- Current
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Websites & Blogs
Patwrite Law
Legal Answers
7 Questions Answered

Q. How do I protect myself against people trying to take an expired patent my dad had over 20 years ago .
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?
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.
Q. does divisional applications have same specifications as that of parent one?
A: Yes, they have the same specification, but the claims will be different. They are most commonly the claims you gave up in a restriction requirement. The specification may be amended using a preliminary amendment when you file the divisional, but of course you can never add new material.
Q. why can't I get an official patent award for this patent 20050185327
A: This is an issued patent # 7312950. It is expired since the maintenance fees were not paid. You should be able to download the patent by looking up this number. Good luck.
Q. Can I patent a baby booster seat?
A: The simple answer is yes, if you have a new or inventive improvement over the baby seats that have come before. Most patents are for improvements rather than completely new fields of inventions. You need to talk with a patent professional to help you decide whether your invention is likely to receive patent protection.
Q. Provisional patents
A: No, that is exactly the reason you file a provisional application - so that you can disclose your invention once the application was filed. However, there are a few things to watch out for. 1. Make sure that your provisional application actually covers your invention. I have seen provisional applications that are merely cover more of an idea than an invention. The provisional application must actually describe your invention in a way that would enable someone else to actually build your invention. If the provisional application doesn't so this, it could be challenged in court should your non-provisional patent be granted. 2. Make sure that you file the non-provisional application before the 1 year deadline or you could lose the protection you relied upon to disclose your invention. Good luck
Q. I am listed inventor in a patent, my patent changed company. do i get a share of the selling price?
A: Without specific agreements to the contrary, joint inventors are free to make agreements regarding the patent without answering to the other inventors. In general, this means that without consent of all inventors, an individual inventor (or owner if the patent is assigned) cannot grant an exclusive license. Hope this helps. I suggest you consult an attorney if you feel that your rights are not being protected.
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Contact & Map
408 W Main St
Marshalltown, IA 50158
Toll-Free: (866) 424-7525
Toll-Free: (866) 424-7525
408 W Main St
Marshalltown, IA 501058
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Telephone: (641) 753-3995
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