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Sean Erin Serraguard

Sean Erin Serraguard

  • Patents, Trademarks, Intellectual Property...
  • Michigan, Texas
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Summary

From working in big law to opening his own practice, Sean has represented the intellectual property needs (e.g., patents, copyrights, and trademarks) of clients large and small for nearly a decade. He has drafted applications and performed opinion work for numerous large clients, such as IBM, Applied Materials, Toyota, Nvidia, Air Liquide, CareFusion, and Western Digital, as well as smaller clients and institutional clients. He has experience drafting and prosecuting applications for a broad variety of technologies including nanotechnology, automotive, artificial intelligence, semiconductor manufacture, photolithography/maskless lithography, plasma physics, magnetic hard drive architecture, analog automation, bionic implants, bionics, chemistry, medical devices, pharmaceuticals, novel isolated genes, gene therapy, viral vectors, and computer implemented methods. Further, he has extensive experience with both foreign and domestic intellectual property prosecution matters and the relationship of these innovations to tangible business growth.

Practice Areas
  • Patents
  • Trademarks
  • Intellectual Property
  • Business Law
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Michigan
State Bar of Michigan
ID Number: P82620
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Texas
State Bar of Texas
ID Number: 24079301
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Education
Ohio University
M.S. (2018) | Electrical Engineering
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South Texas College of Law
J.D. (2011) | Law
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University of Michigan - Ann Arbor
M.S. | Pharmacology
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Texas A&M University - College Station
B.S. (2002) | Genetics
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Professional Associations
State Bar of Michigan # P82620
Member
Current
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State Bar of Texas # 24079301
Member
Current
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Certifications
Registered Patent Attorney
U.S. Patent and Trademark Office
Websites & Blogs
Website
Serraguard Law
Blog
Legal Answers
24 Questions Answered

Q. I would like to trade a phrase I guess it would be called
A: Though trademarks will depend on how you use the word or phrase, the answer is very likely no. There are numerous live marks which primarily rely on "Goat" and "G.O.A.T.", including marks which list only those words or acronyms respectively. Without doing a full search, it would be hard to know for sure. However, based on a very cursory search and the generic use of the acronym, I would recommend seeking another mark.
Q. hi,can i trademark a business idea? suppose i invented the idea of online shopping. so is it possible to patent this?
A: You can't trademark an idea. Trademarks are for distinguishing the source of goods or services. You can copyright an idea after you've reduced the idea to a "tangible form," such as writing a book or making a video. Copyrights won't protect the idea itself, however. You can patent an idea, unless the idea is part of an invention. An invention is an idea
Q. Are there any patents for online databases for gravesites/cemeteries?
A: I'm not aware of any such patent and a cursory search of the available databases don't turn up any such patents. (though there was an interesting one which incorporated video into a gravestone!) However, this doesn't tell us if one exists either in the US or in other jurisdictions. To answer this question, you would either need a patentability search or a freedom to operate analysis. In a patentability search, a patent attorney would search through a number of sources to determine if there are any applications which would relate to your invention. Normally, a patentability search would cover all available information related to the invention, but since you just asked for patents, it could be restricted to only patents granted in this or another jurisdiction. Alternatively, if you did not plan to file an application but just wanted to know whether you could make a product without infringing on a patent, you would want a freedom to operate analysis. The freedom to operate analysis would review the available applications and patents to determine if you can make a product or perform a specific method without infringing on a patent grant. First, I'd suggest doing a search for yourself. If you come up with something that is EXACTLY your idea, you can determine for yourself if it's a waste of time to continue. If you want to move forward after doing your own search, it's advisable to seek help from a licensed patent attorney.
Q. Hello, Is there a patent for this product: https://www.amazon.com/Scratch-Off-World-Map-Poster/dp/B01IIF4L9Y
A: From a quick search of other Amazon offerings, my suspicion is no. Please see: https://www.amazon.com/dp/B075K3G8XF/ref=dp_cerb_2 and https://www.amazon.com/dp/B07G3DPJMF/ref=dp_cerb_3 Further, a quick search of various patent databases doesn't show any obvious hits. That's just a guess, of course, and none of that is conclusive. To really find the answer, you would need a freedom to operate analysis. Patents are granted on inventions, not products. So, there could be a couple of patents that apply to this map. You would need someone to determine who actually produces this map (it seems there are multiple sellers of the same map) and if the producer is relying on any patents in producing the map (e.g., any patents that are owned by the producer or licenses from other sources ). My advise would be to consult with a patent attorney on this privately before starting to sell look alike products. Trademarks are a separate issue and I'd need to ask what you mean on that before I could answer.
Q. Can I make a complimentary product for another product that is trademarked?
A: More likely than not, yes. There's likely no trademark issue if your accessory doesn't use design elements or marks that are unique or distinguishing of the trademarked product. For the patent side, the product is not patented. Instead, the product incorporates one or more patented components or elements. If you avoid copying those, then you have no problem. I'd be happy to help you determine if your accessory has any trademark/patent concerns. Feel free to contact me for more information.
Q. Good morning. This compagny is selling a copycat of our patent product. a warning letter do not stop the sales.
A: You have a variety of options to enforce your patent rights, including further negotiation with the infringing party and suing for infringement. However, the contents of your warning letter may affect the best advice on how to best protect your rights. How you presented your warning could have allowed the infringers to challenge the validity of the patent. I suggest contacting an attorney before you take further action.
Q. What is the cost to protect an invention and what documents do i need to provide?
A: The cost to have a professional draft an application can be as low as 4-5k and dramatically higher if you go through large firms. Filing the application will cost about 1720, unless discounts for small entity or micro entity apply. For filing, the main things you'll need are the complete application (background, specification, claims, and drawings), an application data sheet, and the oath/declaration.
Q. I found illegal Fakes from Patent Collars fronm Ceasar Millan. A Men copie that and sell it. What can I do ?
A: If I understand you correctly, you believe that someone has infringed your or someone else's patent. The infringer has apparently produced infringing merchandise which you believe to be protected by a patent. Patents are protected under 35 U.S.C. § 271, which states that a person infringes a patent if they, without permission, "make, use, offer to sell, or sell any patented invention, within the United States or import into the United States...". Thus, the patent owner or assignee can sue the infringer for patent infringement, which can lead to an injunction against the infringer, damages, and attorney fees. If you're the patent owner, you should meet with an intellectual property attorney to discuss your options.
Q. How come did Mr. David plagiarized Ms. Catherine Page Hettinger's Invention Just a few years after her patent expired?
A: Plagiarism doesn't apply to patents, but you can infringe a patent. However, to infringe a patent, the patent must be valid and not expired. If Ms. Hettinger's patent expired, she has no right to the invention over Mr. David. As to why he did what he did, thats probably a better question for Mr. David.
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Serraguard Law
755 W. Big Beaver Rd.
Suite 2020
Troy, MI 48084
USA
Telephone: (248) 218-1221