Legal Question in Intellectual Property in New York

Design protection

I invented a new painting method.

Since I was under 'dry out' I only

managed to register it in INPI paris

using envelop. The design of the

method (Not the teqnique) has been

'adopted' by an American artist who

use top notch gallery and together

they cash on it (Must be few Mil by

now)

I'm looking to find out if there is a

civil way I can restore my rights. And

hunestly since Van Goach, there was

nothing like what have developed.

1. Is my INPI Solo envelop protect

my design in the US???

2. Since this is being produced by

mass, is there a law for ' get rich

scam out of law' that can protect me

in the US?

3. Since they sell a piece for around

100K, it has a great significant on

my market...I'm yet under dry out...

12 years now!!!

I should mention I submited my art

to the same gallery who cooperate

on this before the theft took place,

but all the gallery owner, who is a big

name in the artworld had to say

was:' it's like that in the art world'

Other wise, be happy to hear all your

usefull advises.


Asked on 6/28/07, 10:24 am

2 Answers from Attorneys
Johm Smith tom's

Re: Design protection

I didn't find anything on the French INPI site that would lead me to believe that filing for domestic protection in France would grant you rights in the US without taking further action. You should get to know an attorney and consult with them before you show your inventions to anyone.

DavidWNance.com

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Answered on 6/28/07, 10:47 am
Nancy Delain Delain Law Office, PLLC

Re: Design protection

Patent protection is available on a geographic basis; each country grants patent rights within that country only. Thus, something registered in France (or any other country) is not automatically protected in the US (or in any other country).

There is a statute of limitations in the US that prohibits a patent from issuing if there was a patent application filed in another country, or any publication or public disclosure of the invention, more than a year before the US patent application is filed.

Hope this helps.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 7/08/07, 1:00 am


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