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Patents & Trademarks Questions for prior

Priority rights in claiming a patent
In International patents    -  updated on 11/24/2002
What are the adbantage and disadvantage of the priority rights in the US and European law?   Read More Answer this question   Answer Answer this question
How does this date compare to the filing date since many I see are prior to the filing date?
In Trademark    -  updated on 2/26/2009
What is a trademark priority date?  How does this date compare to the filing date since many I see are prior to the filing date?

Thank you.   Read More Answer this question   Answer Answer this question
Federally Registered Mark vs. Prior use without re
In Trademark    -  updated on 2/26/2009
Can someone who uses a mark in commerce, but doesnt register it, sue another party for trademark infringement due to the other party's (defendant's) use of the same mark (that the defendant has federally reg...   Read More Answer this question   Answer Answer this question
prior user
In Trademark    -  updated on 2/26/2009
This is a little tricky:  I am the first user of a non-registered mark that the PTO finds similar to a newer mark that was the first to be registered. I want to petition to have the registered mark canc...   Read More Answer this question   Answer Answer this question
Foreign Filed application treated as US priority
In Trademark    -  updated on 2/26/2009
Hello,

If one filed a foreign application and then used that filing date in the US, would they be granted and treated as though file din US on that date (for purposes of damages, opposition, litigatio...   Read More Answer this question   Answer Answer this question
Urgent- design patent and prior art
In Trademark    -  updated on 2/26/2009
Hi?

My story is this:

I currently hold several design patents for different products. Several weeks ago, I got a letter from an individual saying that my design patents were invalid and infring...   Read More Answer this question   Answer Answer this question
apriori aposteriori
In Trademark    -  updated on 2/26/2009
Hi
Could you tell me what the US law says about such situation:

* There is a cafe in Colorado with a name, let's say Cinderella (not actually, of course), and this name is Read More Answer this question   Answer Answer this question
Foreign Priority - Foreign App then Provisional then Non-Provisional
In Patent Process    -  updated on 2/26/2009
Scenario 1:
Foreign application filed Jan 1, 2007
Provisional application filed Jan 1, 2008 attempts to claim priority to Foreign App.

1. Is it possible to file a non-provisional that cl...   Read More Answer this question   Answer Answer this question
Claiming compound where prior art teaches a mixture
In Patent Process    -  updated on 2/26/2009
My application claims compound A. The prior art teaches a mixture of several compounds one of which is compound A. The prior art fails to appreciate the benefits of A.

Since the compound is disclo...   Read More Answer this question   Answer Answer this question
About priority
In Patent Process    -  updated on 2/26/2009
three questions here need your valuable ideas:

1. If the application regarding my invention has been filed  in Taiwan first and later filed in US, may I file a PCT application claiming the priori...   Read More Answer this question   Answer Answer this question
prior art  (A + B) + prior art (C) = invention ??????????
In Patent Process    -  updated on 2/26/2009
Hi,


1?) imagine prior art is a metal box A  with a motor B in it used to extract water from the ground
     imagine the car has not been invented yet but the wheel C...   Read More Answer this question   Answer Answer this question
Effect of cancelling priority claims after filing RCE
In Patent Process    -  updated on 2/26/2009
Pending application 3 is a continuation-in-part of, and claims the benefit of applicaitions 2 and 1.  Though pending when application 3 was filed, applications 2 and 1 are now abandoned and patented, re...   Read More Answer this question   Answer Answer this question
Claiming Priority to Expired
In Patent Process    -  updated on 2/26/2009
Timeline:
        1. Inventors A and B jointly develop invention.
        2. Inventor A files Provisional-A (naming A & B as joint inventors on the cover...   Read More Answer this question   Answer Answer this question
Is this abandoned app a prior art?
In Patent Process    -  updated on 2/26/2009
My patent: file on Oct 2002

The application (possible prior art): filed in Feb, 2001, published in August 2002, abandoned in 2003)

Is this application a prior art?   Read More Answer this question   Answer Answer this question
Claiming the priority date of an abandoned application
In Patent Process    -  updated on 2/26/2009
Application 1 is a CIP of an older abandoned app and a patented case.  It's currently pending and no office actions have yet issued. 

Application 2 was filed as a CIP of Applicatio...   Read More Answer this question   Answer Answer this question
Priority Claims
In Patent Process    -  updated on 2/26/2009
Does anyone know of a case that says that for the benefit under S120 of the filing date of an earlier filed application, it does not matter what happens to the earlier filed application.  e.g. if the pa...   Read More Answer this question   Answer Answer this question
International Right of Priority Question
In Patent Process    -  updated on 2/26/2009
I was wondering if someone could help me out with a question I just came across?  If there was a non-provisional application filed in the U.S. on Aug. 30, 2007 and I want to file an application with the...   Read More Answer this question   Answer Answer this question
Special case of prior art overlapping
In Patent Process    -  updated on 2/26/2009
1. I claim an element X for the function Y.
2. Prior art includes an element X operable only with an element Z for the function Y.

Clearly, my invention (1) is superior to the prior art (2), ...   Read More Answer this question   Answer Answer this question
Statement of Accuracy of Translation of Priority Document
In Patent Process    -  updated on 2/26/2009
I have a US application, filed in 2005, and claiming priority to a foreign application filed in 2004 in a foreign language.  Recently, I argued that a prior at reference should be removed based on the 2...   Read More Answer this question   Answer Answer this question
How to Fix a Failure to Properly Claim Priority
In Patent Process    -  updated on 2/26/2009
Here's the situation.  Provisional filed.  Nonprovisional #1 claims priority to provisional and is issued.  Nonprovisional #2, which is scheduled to issue next week was meant to claim pri...   Read More Answer this question   Answer Answer this question
 
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