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Kathryn Perales

Kathryn Perales

  • Intellectual Property, Patents, Trademarks
  • Ohio, Texas
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Claimed Lawyer ProfileQ&AResponsive Law
Practice Areas
  • Intellectual Property
  • Patents
  • Trademarks
Additional Practice Area
  • Copyrights
Fees
  • Free Consultation
Jurisdictions Admitted to Practice
Ohio
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Texas
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Education
Vermont Law School
Doctor of Jurisprudence/Juris Doctor (J.D.)
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Massachusetts Institute of Technology
B.S. | Literature
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Professional Associations
West Shore Bar Association
- Current
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Lorain County Bar Association
- Current
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Cleveland Corporate IP Counsel
2019 co-President
- Current
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Cleveland Intellectual Property Law Association
- Current
Activities: Past Co-Chair of Small Firm and Small Business Committee
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Texas State Bar  # 24025585
Member
- Current
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Speaking Engagements
Copy That! Understanding How to Create, Copy and Comply with Intellectual Property Law , Lunch and Learn , 235 Artino St., Oberlin, OH
CoWork Oberlin
Certifications
Registered Attorney
United States Patent and Trademark Office
Legal Answers
18 Questions Answered

Q. Where do I present my provisional patent for school bus
A: You can learn more about filing a provisional patent application at uspto.gov - there are many resources for inventors there. If you wish to do this yourself, you can use efs-web as an unregistered e-filer. Your documents should be in pdf format. Look into the requirements for micro or small entities, as you may be able to pay a reduced filing fee based upon your situation. Make absolutely sure that you understand the differences between a provisional and nonprovisional application, as well as the future hard deadline for filing the related nonprovisional application. Also keep in mind that in order to file, your invention must be "new" (less than a year old and not publicly known, with limited exceptions), so don't delay, and best not to tell the world about it yet. Also, if applicable, make sure you understand the requirements for filing patents in other countries - often all must be done at the same time, or in a certain order, and if you make a mistake, you don't get a do-over. You usually can't decide later that you want to file your patent in other countries. While a provisional patent can be filed relatively easily, and the e-filing system is not likely to kick back many errors, there's a very good chance that you would avoid future problems with the nonprovisional application by having a licensed patent attorney help you now. Since patents are governed by US federal law, and videoconferencing is so common now, you can choose any patent lawyer you are comfortable with, regardless of location.
Q. Who owns the Intellectual property ?
A: The first thing to figure out is whether you have ever signed an invention assignment or other written agreement to assign your intellectual property rights to one of these companies. If so, those documents would give you the answer. If not, California state law will govern, and it may partly depend upon whether you are an employee, or independent contractor, and/or owner - you should consult with a California lawyer to find out the details.
Q. Business name intellectual property question
A: Since your name is common, and you're naming your business a generic/descriptive name which describes exactly what you'll be doing, you probably won't have a trademark problem. Usually other people can't stop you from using your own name for your business. Best to search the USPTO trademark database, as well as your state's official trademark database, to make sure what's registered. Your more immediate problem may be that when you try to register your new business entity with your state's Secretary of State, you may find that you can't get the name that you want, because that name is taken, or is too similar to one that is already registered. With your specific example, it seems to me that you would be successful. Best for you to talk to your Secretary of States office, and/or consult with an attorney in your state to find out how you can legally use the business name you want.
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Contact & Map
Perales Law
235 Artino St., CoWork Oberlin
MPO Box 208
Oberlin, OH 44074
Telephone: (440) 574-0290
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