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Kathryn Perales
Badges
Claimed Lawyer ProfileQ&AResponsive Law
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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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
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
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- Cleveland Intellectual Property Law Association
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- 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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Jurisdictions Admitted to Practice
- Ohio
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- Texas
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Fees
- Free Consultation
Practice Areas
- Intellectual Property
- Patents
- Patent Appeals, Patent Litigation, Patent Prosecution
- Trademarks
- Trademark Litigation, Trademark Registration
Additional Practice Area
- Copyrights
Legal Answers
- Q. This patent was invented by my father. He is deceased. What happens to the patent?
- A: If you are referring to patent 6445969, inventors Jim Kenney and John Leon, this patent has expired and is now in the public domain. If you look it up on Google patents, you can see the details.
- Q. It is possible to draw all angles from 0 to 360 ( all angles , rational and irrational) without using protector exact.
- A: While a mathematical theory or proof or equation would not be patentable, a method of doing something useful might be patentable.
As a matter of pride and prestige, it may be worth it to you to pursue a patent on the method, so you can be a patent holder.
On the other hand, as a business and practical matter, assuming you could patent your method of drawing exact angles, how would you enforce your patent rights? You would have to try to get individuals, groups, schools or companies to pay you a license fee in order to use your method. Suing schoolchildren or individual hobbyists and artists is not feasible or popular (and is not likely to make you money or friends.)
- Q. Can I sell create and sell an audio book of a recently published book under the fair use of Copyright Act.
- A: What you are describing is clearly copyright infringement, and your proposed fair use defense would not fly. The author has a pretty far-reaching right to control and profit from clearly derivative works like a recording of their writings. The law governing this is the same throughout the US. You should ask for written permission from the author (or copyright holder) before doing this.
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