Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Peter D. Mlynek
1 Answer | Asked in Patents (Intellectual Property) for Washington on
Q: My patent attorney submitted wrong application to USPTO! Is this a malpractice case? Can I at least ask for a refund?

In 2016, I hired a patent attorney in 2016 to file, prosecure my invention. It was a tedious process; after repeated meetings, he prepared the first draft of the application. Thru a back-and-forth process, I revised his first application draft more than half a dozen time. Now, it turns out that... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Dec 20, 2019

Wow, what a nightmare. I am so sorry that this type of thing happened to you.

Your first patent attorney sounds like he did not know what he was doing. Typically, one or two meetings are more than sufficient; generally, there is little reason for an in-person meeting anyway. Although...
Read more »

Q: I have a copyright on a particular drinking glass design, can I seek legal action if the design is manufactured and sold

I have other designs and I'm debating whether to seek copyright protection or a design patent.

Peter D. Mlynek
Peter D. Mlynek answered on Dec 18, 2019

Yes, you should be able to seek legal action. Go see an intellectual property litigation attorney.

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: I am trying to locate a patent number my deceased father, Harold Andrew Padgett, had while working at General Electric.
Peter D. Mlynek
Peter D. Mlynek answered on Dec 18, 2019

It is US 4,626,755.

https://patents.google.com/patent/US4626755

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: How can we at Sri Lanka Institute of Nanotechnology (SLINTEC) wants to feature our patents obtained through your site?
Peter D. Mlynek
Peter D. Mlynek answered on Dec 18, 2019

I don't speak for JUSTIA, I just sometimes answer questions that users have, but from I understand, if you have a patent, it will automatically be accessible through this site. For more information, please contact the owners of JUSTIA.

1 Answer | Asked in Patents (Intellectual Property) on
Q: as for the patent no.8419132 , I would like to know which characteristic are subject to patent, all in claims part? and

Whic part of patent description is actually patented design of construction?

And if any part , any characteristic is changed from the description, will it be acceptable or will it violate patent?

Peter D. Mlynek
Peter D. Mlynek answered on Dec 18, 2019

It is always that claims that define the scope of the protection. If you don't infringe the patent claims, then you do not infringe the patent. You can copy whatever you want from the patent, as long as it is not found in the claims.

1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Q: My name is cody I need a patent lawyer to claim what's rightfully mine which is the webcam cover patent

I noticed the dates were all wrong and the patent was not even granted but the product was all over I submited my idea to the uspto hours after it was granted iv sense been trying to contact them

Peter D. Mlynek
Peter D. Mlynek answered on Dec 7, 2019

I think that many patent litigators would be happy to talk to you or to your company's agent about the other party stealing your invention or infringing your patent.

Your first step should be to have your in-house lawyers find and interview several possible litigators. Once you get the...
Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: There are many folding locks like this one, why was this patent granted? Or are lots of people paying a license?

Ah, specifically referring to patent: D835967

Peter D. Mlynek
Peter D. Mlynek answered on Dec 6, 2019

That is a design patent. Design patents are generally very narrow. Therefore, a manufacturer is able to make a folding bike locks that is similar to the one in this patent without infringing this patent.

1 Answer | Asked in Patents (Intellectual Property) on
Q: Hi, do patents labeled as WIPO PCT patents, the patent is registered in all WIPO countries?

The question should read: Do patents labeled as WIPO PCT patents, mean the patent is registered in all WIPO countries?

Peter D. Mlynek
Peter D. Mlynek answered on Dec 6, 2019

No. There is no PCT patent that is enforceable. The WIPO simply publishes PCT patent applications. After the submission of the application, the applicant has to decide in which countries they want to get patents in, and then file and prosecute the applications in the selected countries.

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for Minnesota on
Q: had an invention that was seen on the internet recently...took a while but finally saw the invention or one similar...

need to know what can be done to help me on this situation...

Peter D. Mlynek
Peter D. Mlynek answered on Dec 6, 2019

This happens, unfortunately, all the time.

If you have a patent on your invention, then go see a patent litigator to give you options on how to get some sort of licensing agreement of your patent in place, or to file a suit.

Good luck!

1 Answer | Asked in Patents (Intellectual Property) for Iowa on
Q: I want to design a motor powered by only magnet movement. How could one go about making a patent for my specific design?

I am not highly trained in this region but I think I can make it work. I made my own design for a motor creating electricity by means of magnets moving other magnets. I want to find out how I could claim my design so it can't be replicated.

Peter D. Mlynek
Peter D. Mlynek answered on Dec 6, 2019

I am not sure that I understand your idea. Most electric motors operate through the interaction between the motor's magnetic field and electric current in a wire winding to generate force in the form of rotation of a shaft.

Nonetheless, once you finish your invention, hire a patent...
Read more »

1 Answer | Asked in Patents (Intellectual Property) for Colorado on
Q: If you have a patent shouldn't the inventors get part of the financial proceeds from the worlwide sales and profits
Peter D. Mlynek
Peter D. Mlynek answered on Dec 5, 2019

Well, the patent owner gets a limited monopoly for a limited time, from which the patent owner can profit.

But what you are likely asking is what a lot of scientists, engineers, and other employees of large companies are asking: "I worked hard, invented this product that is being sold all...
Read more »

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Hi, Grant here. Thank you for your time. I am asking if Permethrin or N-MethylPyrrolidone are still under patent.
Peter D. Mlynek
Peter D. Mlynek answered on Dec 6, 2019

Hi Grant! Permethrin has been around since the 1970s, so it is no longer patented. NMP is a very simple compound that is listed in my CRC from the early 1980s, but it may be 100 years old, so it too is not patented.

However, some uses of these compounds, or articles that use these...
Read more »

View More Answers

2 Answers | Asked in Copyright and Patents (Intellectual Property) for Kansas on
Q: Can i incorporate the use if one patent (ie toy ) as primary subject in another patent if outcome provides new service

Move object from point A to point B using a patented toy to made life easier

Peter D. Mlynek
Peter D. Mlynek answered on Oct 29, 2019

Hard to say, but it would likely be difficult to get a patent for the use of a toy.

More importantly, just exactly how are you going to make money on this? I mean, a patent attorney will be happy to take your money to get a patent for you, but what are you going to do with it?

View More Answers

2 Answers | Asked in Patents (Intellectual Property) for California on
Q: Can I get a patent on a liquid soap with a unique composition of chemicals?

The chemicals themselves are not unique, just the combination.

Peter D. Mlynek
Peter D. Mlynek answered on Oct 23, 2019

Absolutely. Most of the patent applications that I write are on compositions that are composed of known ingredients.

View More Answers

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Florida on
Q: Does Victor Staats still own these patents?
Peter D. Mlynek
Peter D. Mlynek answered on Oct 23, 2019

I don't know which patents you are referring to, but my cursory search shows that there are about 5 patents that list Victor Staats as the inventor. 4 of these have expired due to their age, and 1 expired because a maintenance fee was not paid. There are no enforceable patents for Victor Staats... Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: Hello, how can i get patent, on my invention? What details need -- or "blueprints"? thank you for help
Peter D. Mlynek
Peter D. Mlynek answered on Oct 23, 2019

The way to get a patent on your invention is to go find a patent attorney who will be able to prepare a patent application on your invention, and to negotiate with the Patent Office on your behalf.

Q: My house is paid for and I want to get a patent on it under intellectual property can I do that?
Peter D. Mlynek
Peter D. Mlynek answered on Oct 11, 2019

Nope.

This is an example of a legal word having two different meanings. The word patent used to mean a right that was granted by the monarch or the government for something, including a right to hold some land, or the exclusive right to sell a certain product in the kingdom. Nowadays,...
Read more »

1 Answer | Asked in Patents (Intellectual Property) for Massachusetts on
Q: Inheritance and patent questions

My great grandfather was an inventor and patented at least 2 machines that I no of. I think he left the family some money

Peter D. Mlynek
Peter D. Mlynek answered on Aug 22, 2019

A patent that is issued is a legally a personal property, so that it can be inherited just like money, a car, or an art collection. If your great-grandfather owned patents, then it would have passed onto the appropriate heir (either by will or intestate).

The problem with inheriting...
Read more »

1 Answer | Asked in Patents (Intellectual Property) for District of Columbia on
Q: My wifes dad is Vincent Dotolo is she entitled to these patents?
Peter D. Mlynek
Peter D. Mlynek answered on Aug 20, 2019

I presume that your FIL passed away, and you are asking if your wife, the next of kin, gets to inherit his patents.

Generally, patents are legally considered personal property, and thus the heirs can inherit patents just like a car, or an art collection.

Unfortunately, in your...
Read more »

1 Answer | Asked in Patents (Intellectual Property) for Georgia on
Q: Hi, Can the inventor of a utility patent claim ownership of a patent if it was never assign to the applicant company?

Patent application #X was originally filed and later published in 2013 as I was employed by Applicant, I assigned it to them, patent was abandoned by applicant. I terminated my employment with them in January of 2016. They refilled the "same" patent in November 2018 but it got a different patent #... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Aug 20, 2019

I am sorry, John, but it is very unlikely that you have any ownership stake in Patent #Y.

If patent #Y has issued, and it is pretty much the same as patent application publication #X, then Patent Application Y somehow claimed priority to X. It had to, because X would otherwise be cited...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.