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Smith Hopen, United States Registered Patents Attorneys - Patents, Trademarks and Copyrights.  Tampa Bay, Orlando, Denver, Silicon Valley

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Frequently Asked Questions - Intellectual Property Law


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Copyright   What happens if I do not use the copyright symbol "©" on my books and artwork?

Copyright   How to I protect my ISP business from copyright infringement claims?

Copyright   If sharing music files is anonymously how can the RIAA and record companies sue me?

Copyright   Can semiconductor designs be protected even if they are not patentable?

Copyright   I''m a photographer and I photograph products, portrait and many other things, but My question is do I have the copyrights rights to my photographs I produce or does the customer who beings me the product to be photograph. Thank you, Davalyn Garcia

General   What factors should I consider when hiring a lawyer?

General   Do you provide online access to my intellectual property matters?

General   Do you accept cases on a contingency basis?

General   How can I minimize my legal fees?

Licensing   Do we have to pay the originators any licensing fees as a result of using their ingredients in our formula? Is acknowledging them as ingredient provders while purchasing our ingredients from them enough?

Litigation   How should a cease and desist letter be drafted against a patent infringer?

Patent   What legal effect does "patent pending" have? What is patent marking?

Patent   How do you determine who is the correct inventor(s) on a patent application?

Patent   What is a patent reexamination?

Patent   What is the best mode requirement for patent applications?

Patent   While my patent is pending, is there anything I should not disclose?

Patent   Do I qualify as a "small entity" for paying reduced fees to the government?

Patent   What is my "duty to disclose" as it relates to my patent application?

Patent   I received a postcard in the mail saying new patents have issued after mine.  What do I do?

Patent   I want to protect my invention but the costs of filing a patent will exhaust my budget.  What should I do?

Patent   what it means when a examiner says "election of species requirement"

Patent   Is the "doctrine of equivalents" a legitimate test for determining how similar a new invention must be to an existing patent to be deemed an illegal infringement?

Patent   How do we prevent infringing products from entering the United States?

Patent   Can modifications be made to an existing utility patent as the expiration date approaches (17 years) and then be resubmitted for a new patent? Or, can a utility patent that was granted in 1988 now receive an extension to 20 years? (noticed from your home page that utility patents seem to be 20 rather than 17 years) If so, what is the cost to do so in both scenarios from your firm and the patent office? Thanks for your consideration.

Patent   Can a valid composition of matter patent be filed on a formula which contains an ingredient currently under patent protection, if the ingredient will be losing its protection before the patent is considered?

Patent   Can you pl. tell how double patenting will help the Generics?

Patent   What category is a beverage under for a patent requirement?

Patent   Must a prototype be created before a patent can be filed on an invention?

Patent   What is considered patent infringement? Will a certain party have to infringe on every single claim in a patent in order to be considered patent infringement or is violation of one claim sufficient to be considred a patent infringement?

Patent   In the context of complex software applications, suppose a company wants some reasonable degree of assurance that its product offering will not violate existing patents of competitors? For example, Hotmail, Gmail, Yahoo! Mail, AOL and LaszloMail are all relatively well-known Web mail clients with many, many functions that may have been patented previously (indexing, viewing, printing, etc.) How would these companies construct adequate searches to ensure non-infringement and how does one price something like this? The prior art seems endless in my example because the software is complex. Thank you.

Patent   What does a "composition of matter" patent mean? How strong is a "use" patent? When dealing with new technology or breakthroughs in medicine, how do patents work, which should be used, concerning "use" patents versus the underlying chemistry patents?

Patent   I am a nurse/massage therapist. I create my own lotions to use on my clients. Recently I created a new lotion and my clients are reporting to me that this new lotion has a pain relief effect and they want to purchase some. The individual ingredients I am using are available to anyone. It has been suggested to me that my lotion could or should be patented. How do I know if what I make can be patented? Is the composition based on the percentage of ingredients combined or what? How do I find out what I should do and how to do it?

Patent   Can you sell a single patent to multiple companies? For example if I invited a metal door knob. Could i sell that door knob to home depot AND Canadian tire and make money from both companies from selling my patent.

Patent   Do you accept foreign clients for applying patents in the US?

Patent   Can a claim on a patent be broadened after the patent has submitted to the USPTO?

Trademark   Should I franchise my Business?

Trademark   Should I file a single multi-class trademark application or split them into separate applications?

Trademark   What constitutes a proper trademark specimen?

Trademark   Can I reserve a trademark for future use?

Trademark   What options exist to protect my company's trademark internationally?

Trademark   Do some shows like Seinfield or Hollywood movies have to ask permission to use a trademark in the production?

Trademark   If in a movie, a company''s trademarked logo on a skyscraper is shown, must the producers receive clearence from the company. The logo is incidental to the film and on screen for only a brief time. There is no other mention of the company in the movie.

Trademark   Is it possible to apply for multiple trademarks under the same application fee like it is for the copyright of music tracks?






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