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Questions Answered by Peter D. Mlynek
1 Answer | Asked in Patents (Intellectual Property) for California on
Q: How do I get my name attached to an existing patent?

I see a patent was granted to members of my team and I was not included as I left the company before the application was filed. I have documentation (lots) to back up my argument to be included on this patent.

Peter D. Mlynek
Peter D. Mlynek
answered on Jul 31, 2022

This is a very common problem. I presume that you want to have your name on the patent as one of the co-inventors so that you can put it on your resume/CV, and not get an ownership stake in the patent.

If you really have a good argument to be listed as a co-inventor, reach out to the...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: how do I know if a patent has application worldwide or just to a specific country?

If a plant has a patent is there a specific range of application? Is it immediately applied worldwide or is it specific to a country?

Peter D. Mlynek
Peter D. Mlynek
answered on Jul 31, 2022

Only to a specific country.

A government can grant a patent only within a jurisdiction of its own country. It cannot grant rights to people and businesses outside of its jurisdiction.

However, if someone patents something in one country, generally, another person cannot get a...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Is there any way I can write to the Judge without hiring an attorney ?

I am a non US citizen lives in India and A Patent infringement case has been filed against me and several other US & Non US based sellers for selling online. Is there any way I can write to the Court without hiring a Lawyer to avoid a default judgement as I can't afford an attorney.

Peter D. Mlynek
Peter D. Mlynek
answered on Jul 31, 2022

No, I am sorry, but there really is no way to do that. You'll need to hire an attorney to fight it.

In some countries, the judgment of a court in the US is not-enforceable. If you don't have any property to be seized in the US, and there is no way to collect it in India, it is...
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1 Answer | Asked in Copyright, Business Formation and Patents (Intellectual Property) for South Carolina on
Q: I am looking to start a business using a game that some friends of mine and I came up with.

We want to protect our game and not sure what the process is to patent and bring our new game to market with our new business.

Peter D. Mlynek
Peter D. Mlynek
answered on Jul 31, 2022

Games are typically tough to get a patent on. They are often protected by copyright and trademark. You should seek out an attorney that does all three area of IP law.

1 Answer | Asked in Patents (Intellectual Property) on
Q: Hi, are smart plastic business cards integrated with nfc patented?
Peter D. Mlynek
Peter D. Mlynek
answered on Jul 31, 2022

For someone to answer that, you'll need to hire a patent searcher to do a search, and a patent attorney who will issue a patent landscape opinion or a patentability opinion depending on why you are asking this question. $x0,000

Sorry. :(

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: How can I protect my ideas from being stolen while looking for funding and investors with no money for a patent?

I have multiple ideas/inventions and i don't know how to explain my ideas to investors to get funding without having a patent to protect my ideas. But I don't have the funding to pay for a lawyer and everything to get a patent. So what could I do to protect myself and my ideas while... Read more »

Peter D. Mlynek
Peter D. Mlynek
answered on Jul 31, 2022

This is one of the most frequently asked questions. You can't get funding without patents, and you can't get a patent without money. It is a Catch-22.

Here are some guidelines:

(1) You need to recognize that ideas by themselves are not protectable. If you have an idea...
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1 Answer | Asked in Intellectual Property for Wisconsin on
Q: If someone was to program a piece of software for an organization, hosted on their server, can they use it if they leave

Let's say you make a piece of software for an organization, and it is hosted upon their server, and also hosted on their github, but later moved it to your own personal private github.

There was no contract signed.

If you leave said organization, is the organization allowed to... Read more »

Peter D. Mlynek
Peter D. Mlynek
answered on Jun 19, 2022

That depends on factors, including whether the programmer was an employee or a contractor, whether the programmer owned it prior to the installation onto the server or it was done specifically for the company, and whether the person was paid for the work of writing the program, etc.

Q: I need a lawyer to have international patent intellectual property rights for a non-US resident

for a non-US resident

Peter D. Mlynek
Peter D. Mlynek
answered on Jun 19, 2022

Patent lawyers very deal with international patent law on a daily basis. The way it works is that we are hired by a client who tells us which countries patent protection is needed, and we then coordinate patent work for our clients in all of those countries via local associates... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Hello, How can I find out if I can copy a patent product and just stick my own logo to it instead of theirs logo.

And how can I find their patent number and how I can copy the product with my own manufacturer and make my own brand logo and sell it without getting sued?

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 12, 2022

Well, the point of patents is to prevent you from doing exactly what you are trying to do.

However, you should be able to copy someone else's patented product if somehow you don't infringe (you are outside the scope of the claims of the patent), or there is a problem with the...
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1 Answer | Asked in Patents (Intellectual Property) for Kansas on
Q: How much it cost to get an idea in auto mobile field and also for a mobile app idea.
Peter D. Mlynek
Peter D. Mlynek
answered on Apr 7, 2022

A patent typically costs about $20k to $40K

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: How to see what a company’s patent looks like to not get sued because I have ideas and don’t want to get sued.

I want to make a further development of the product that has patent. But how can I work around their patent.

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 7, 2022

Patented products typically carry patent markings. Something like "pat. no. 12,345,xxx" and like. Once you have that, you go find the patent in the U.S. Patent Office databases.

2 Answers | Asked in Patents (Intellectual Property) for Colorado on
Q: Hi I had an idea for a product but I don't know how to go about securing the idea as my own.

I want to eventually sell my idea to a company who could produce it. But I want o have my idea secured as my own so that it doesn't get stolen.

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 7, 2022

This is a very common question. Unfortunately, you are not going to like the answer. I apologize in advance.

An idea, even after it has been flushed out to become a patentable invention, is not worth very much. Companies buy or license profitable businesses, profitable products or...
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1 Answer | Asked in Copyright, Business Law and Patents (Intellectual Property) for Texas on
Q: I am trying to find the patent for the brush guard that GM put on their Commercial Utility Cargo Vehicle (CUCV).

These vehicles were provided to the US military from 1984 - 1987. I believe similar brush guards were an option on GM trucks as early as the 1960's. I would like to reproduce this brush guard for the same GM vehicles and other vehicles with slight modifications. Thanks for any help you can... Read more »

Peter D. Mlynek
Peter D. Mlynek
answered on Mar 29, 2022

Sorry to be getting to this so late.

This is a common type of question, but unless the brush guard was ornamental, finding the patent is not going to be very helpful. The drawings that come with patents are there to help the reader understand the invention, and are not meant to be...
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Q: Can this device be re-patented and re-made since the devices patent is expired
Peter D. Mlynek
Peter D. Mlynek
answered on Mar 29, 2022

No.

The idea behind a patent is that the inventor discloses the invention, and in turn, the government gives the inventor something of value: the ability to keep others from using the patenting invention for a limited time. After the time runs out, anyone can use that invention.

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1 Answer | Asked in Patents (Intellectual Property) for Virginia on
Q: I am a high school student and I would like to file a patent. Is it possible to receive some help and guidance.

Use of a technology currently used in the field of medicine to be put to use in another area. I would like to speak with someone about how to write claims and generally how to do the application.

Peter D. Mlynek
Peter D. Mlynek
answered on Mar 27, 2022

In order to write a patent, you really need specialized training. This is not something that you could do yourself. Legally, you are allowed to, but practically it is not feasible.

As far as taking a product, process or technology from medicine and applying it to another field, this is...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: Can you object against a patent? And where is is valid geographically?
Peter D. Mlynek
Peter D. Mlynek
answered on Feb 6, 2022

It is typically much easier to fight a patent application before the patent issues than fight against a patent. And yes, after America Invents Act, it is now easier to fight patent applications and patents than before.

With regards to geography, patents are enforceable only in the...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: If i would like to sell a item simmilar to the product that has a patent on it. How much would it have to differ?

I would like to sell helmets with lights on it. I saw that one company has the patent on helmets with lights and indicator on it. Does that mean i can't sell other helmets with the same functionality or just that i can't sell the exact same helmets as the patent holder. And if so, how... Read more »

Peter D. Mlynek
Peter D. Mlynek
answered on Jan 24, 2022

That really depends on what the patent claims say. The claims may be very narrow and you could get away with making something similar, or they could be broad and you are going to have a hard time making a helmet that competes well with the patented one.

You need to see a patent attorney...
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2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: before having manufactured a certain comb, do I need to find out if it is already patented by someone? and how do I?
Peter D. Mlynek
Peter D. Mlynek
answered on Jan 24, 2022

You should seek competent patent counsel. You may or may not want to get a clearance search done, depending on your business situation.

A very safe route is to make a comb that has been around for at least 20 years so that you are certain that any patents that may have existed on the comb...
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1 Answer | Asked in Patents (Intellectual Property) for Ohio on
Q: I would like some help applying for a patent
Peter D. Mlynek
Peter D. Mlynek
answered on Jan 24, 2022

I, along with others, am available. Reach out to a few of us.

Q: Does this 9447159 patent cover all Fc heterodimeric cytokines with an antigen binding moiety (not just CEA-IL2)?

My question is whether this patent covers all heterodimeric immunoconjugates or immunocytokines as described in Claim 1. Specifically, cytokine could be any secreted growth factors that are not mentioned in the patent. Antigen binding moiety could mean any bivalent antibody although the patent... Read more »

Peter D. Mlynek
Peter D. Mlynek
answered on Dec 20, 2021

It appears that way. Provided, of course, that all of the other claim limitations of Claim 1 are taken into account. The term "cytokine" is defined in col 13, lines 38 to 62, and Claim 1 does not narrow this definition. This is not surprising; applicants try to claim more than just what... Read more »

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