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Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for Minnesota on
Q: If I have an investor , and the patentholder dies, is it possible for the investor to file claim to that patent?

steven.t.schmidt@ampf.com

Stephen E. Zweig
Stephen E. Zweig
answered on Feb 3, 2023

It depends on how ownership of the patent is structured, and the terms of the investment.

For example, investors often require that the inventor assign the patent to a company. The inventor will presumably own shares in the company. When the investor invests, then the investor owns shares...
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Q: so a land patent protects the property within the land patent if the holder steps foward
James G. Ahlberg
James G. Ahlberg
answered on Feb 1, 2023

I don't mean to sound rude, but you've made a statement rather than asking a question. Do you have a question? You'll want to use somewhat correct terminology. A "land patent" typically refers to the initial grant of a piece of land by the government to an individual or... Read more »

Q: have power of attorney and proxy over my dad personl relationship affairs the bank won't let me on account what

What I look up they should section 5-1503 is there

Jack Mevorach
Jack Mevorach
answered on Jan 31, 2023

Often, banks reject valid Powers of Attorney. Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: can I file a New Use Patent if someone else has rights to the product?

I read this on this site under New Use Patents: a "second company" is awarded a new use patent.

Peter D. Mlynek
Peter D. Mlynek
answered on Jan 31, 2023

Yes, this is common. Inventor A gets a patent for an invention, and then inventor B files for an improvement to the invention. Inventor A cannot practice the improved version because inventor B has a patent on it, and Inventor A cannot practice either the original invention nor the improved... Read more »

1 Answer | Asked in Patents (Intellectual Property) for North Carolina on
Q: Are new drumstick holding technique, way to assemble hi hat, and drumming style patentable?

i have a different drum setup. i have combined hand drums with my drum set along with using my drumstick holding technique. my hi hat i combine unusal symbols along with at least one of them being inverted.

Peter D. Mlynek
Peter D. Mlynek
answered on Jan 31, 2023

Yes, I believe that it should be patentable.

What I like about our invention as far as patenting it goes, is that it is a combination of three parts: a holding technique, a way to assemble parts of the kit, and a drumming technique.

However, be prepared to face two very large...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: When is it safe to remake and market old patents and copyrights and what are some things to be aware of?
Peter D. Mlynek
Peter D. Mlynek
answered on Jan 31, 2023

When the term of the patent or the copyright expires.

The idea of a patent is a contract between an inventor and the public, as represented by the government. The inventor discloses the invention, which is valuable to the public, to the society, and gets something in return. The inventor...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for South Carolina on
Q: I found evidence that my granddad is the 1st patent holder ,inventer of the tubless tire ..what do i do to file law suit
John Michael Frick
John Michael Frick
answered on Jan 28, 2023

I infer from your question that you want to sue manufacturers of tubeless tires claiming that you rightfully inherited your grandfather’s patent.

If so, you should consult a patent litigation attorney regarding your rights in this regard. Such an attorney may also go by the rubric...
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3 Answers | Asked in Patents (Intellectual Property) on
Q: I need to verify if it is real that WORLDS, INC owns the patents it says:

Worlds Inc. (OTC QB:WDDD) is a leading intellectual property developer related to 3D online virtual worlds. The Company has a portfolio of 9 US patents (6,219,045; 7,181,690; 7,493,558; 7,945,856; 8,082,501; 8,145,998; 8,161,385 8,407,592& 8,640,028) for multi-server technology for 3D applications

Darrin A. Auito
Darrin A. Auito
answered on Jan 27, 2023

Search the USPTO assignment database for recorded assignments. Go to PAIR and review the file wrapper, e.g., Applicant listed on ADS and Filling Receipt. These are a couple of good starting points.

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1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for California on
Q: I have a superhero who is a literal archangel would I still be infringing on Marvel's archangel?

They have the same name: archangel. They both superheroes. They have a similar look (human with wings... Like an angel). But that's it.

The story is radically different. Marvel's archangel is a mutant originally called angel until his wings are replaced by mechanical wings. That... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 25, 2023

This is more of a trademark issue than copyright, unless the image of your character is identical to the Marvel character.

ARCHANGEL was a registered trademark of Marvel in 1994 for comic books, but that registration was cancelled in 2005 for failure to file a statement of continuing use....
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1 Answer | Asked in Patents (Intellectual Property) on
Q: Could you please explain the content in the field ‘Type’ in the patent database.

I notice either the word ‘Grant’ or the word ‘Application’ common in the research I am doing. I want to be clear on what distinguishes these applications. Thanks.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jan 24, 2023

I am not sure what database you are talking about as I do not use Justia to search for patents.

But in the normal course of things, a patent application is published 18 months after that application (or a priority application) was filed. So for example US20170035603 A1 was a publication...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Utah on
Q: Is there a patent for a Helmet in a baseball cap?
Stephen E. Zweig
Stephen E. Zweig
answered on Jan 24, 2023

One good way to research this is to use patents.google.com, type in various relevant keywords, and see what you find. For example, try: https://patents.google.com/?q=helmet+baseball+cap&oq=helmet+in+baseball+cap and various other variations.

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Michigan on
Q: Intellectual property: I provided a product idea to a company. They stole the idea and used it to secure a patent.

...

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jan 23, 2023

This is going to require that a patent attorney take a deep dive on the material that you provided and the nuances of the issued patent claims. There may be a path to correct inventorship to add you as one of the inventors. If you did not assign over your rights, then being a coinventor makes you... Read more »

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Q: This pertains to IP infringement law. Please see "more information" below for the details. Thanks a lot for the service

Hello,

I am a US citizen and used to work for a company in NH. I spent over a decade there and then decided to move on to start my own company. FYI, I have never had any non competes or any NDAs with the company.

The issue at hand is about an electronics idea that they consider a... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 16, 2023

This depends, as usual, upon a review of the detailed facts regarding the alleged "trade secret" in your case. In general, a trade secret has three parts: (1) information (2) economic value from not being generally known by others, and (3) reasonable efforts have been taken to protect the... Read more »

1 Answer | Asked in Patents (Intellectual Property) and Trademark for New York on
Q: If you have not received legal papers yet as a defendant in a case involving multiple defendants, what should you do?

I am asking on behalf of someone else. I believe this is a civil case and the defendant has only heard from a friend about the lawsuit who is also a defendant included in the case.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 14, 2023

Your friend should contact a patent litigation lawyer for advice. Not engaging in the lawsuit can have serious, permanent consequences as to the determination of your friend’s rights. It is possible that the process server took all required steps to serve your friend, filed affidavits of service,... Read more »

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Patent lawyer

Hello,

I’d like to get consultation with a lawyer concerning patents. I’m thinking of producing Pickleball balls with further sales. I’m interested if I can do that legally. What is mentioned in the patent? Do I need a license for producing the balls? Etc.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jan 11, 2023

In order to obtain a patent, you will need to show that your pickleball is not just different from the existing pickleballs but differs in a way that would be non-obvious to a non-creative expert in pickleball design.

In order to sell pickleballs, you need to be clear of all relevant...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: I just received a patent infringement strike on Amazon. Can you help me?

Our product does not have a brand registry on Amazon, and we haven't applied for a patent, and now another brand has put a strike on my three listings. I want a solution; the opponent has a utility patent.

Erik Špila
Erik Špila
answered on Jan 10, 2023

Well the outcome of this may differ depending on various different circumstances you have not provided.

Qualified IP lawyer needs to check out and examine claims of the opponent and also your IP.

After that you can either negotiate licence terms with opponent or you can withdraw...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Michigan on
Q: Do I require a patent to protect an herbal formula while I try to sell/license it? Will something cheaper suffice?

I have come up with a novel formula of herbs that act as a strong stimulant together. I developed it over years to overcome difficulties at jobs and to keep me awake on overnight drives. It is stronger than energy drinks, at least for me.

I'm looking to protect as I seek to profit off its value.

Erik Špila
Erik Špila
answered on Jan 5, 2023

Very hard to say the exact and the only solution for you here. You should discuss this with your local intellectual property lawyer. In general, you can use the institute of trade secret and also carry some legal protection with it. However you need to meet some legal requirements for this and that... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Colorado on
Q: Is someone able to review my business idea to avoid a patent infringement?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Dec 29, 2022

Not clear how they will get access to your business idea. If you mean will they be able to look at your provisional patent application, the answer is no (not unless you provide a copy). If you mean your US patent application, the default is that the application is published 18 months from the... Read more »

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1 Answer | Asked in Patents (Intellectual Property) on
Q: I would like to use an idea from a patent for my industry. Do I need permission from the patent owner to use it?
Carl Massey Jr
Carl Massey Jr
answered on Dec 16, 2022

I depends on whether the "idea" you wish to use "from the patent" is captured and within the scope of the patent's claims. The claims are numbered sentences at the end of the patent, of course, and you may be able to get some idea on your own, but it may be necessary to... Read more »

1 Answer | Asked in Contracts, Business Law and Patents (Intellectual Property) for Michigan on
Q: Have idea to enhance an existing product for existing business. What kind of atty to draft protection, more than a NDA.

I Have an idea to enhance an existing product for existing business, I would like to propose the idea to this business but would like to protect myself for compensation if they should like it and want to go through with it. What kind of an attorney would I seek to draft protection, I want more than... Read more »

Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Dec 14, 2022

Beyond an NDA, you could talk to a patent attorney to discuss possible patent protection. In an initial conversation, you can discuss whether your idea is a good candidate for a patent application.

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