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Questions Answered by Peter D. Mlynek
2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: To whom it may concern : Can I resubmit my “ rejected “ patent of 10 yrs ago ? Thank you.

Medical device

. Battery operated

/ usb

.

Peter D. Mlynek
Peter D. Mlynek
answered on Nov 25, 2023

NO. You cannot resubmit your patent application if it has been dead for 10 years.

(Think about it. How would it be fair if you apply for a patent, the Patent Office rejects it, the file is closed, other companies in the industry see your published patent application knowing that the...
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4 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Wisconsin on
Q: I would like to patent an energy drink certain ingredient how do I know if it has already been patented?

I would like to patent an energy drink recipe but in a broad sense to protect or mitigate against companies with more capital just running me over and imitating it. How do I find patent but ensure I'm not overlapping someone else's already?

Peter D. Mlynek
Peter D. Mlynek
answered on Oct 19, 2023

OK, so here is the situation. You have two separate issues: (1) can you make and sell your energy drink?, and (2) can you patent it to keep others from copying your invention? The first question is typically the more important one.

(1) To make sure that you do not infringe on other...
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2 Answers | Asked in Energy, Oil and Gas, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: I invented and patented (US 8391552) an invaluble technology for petrochemical industry

So in 2018, the Trump Admin attacked me in a federal lab in Pittsburgh. I had to flee. Then my house was raided by a SWAT team. I fled into hiding in Amish country Ohio. Then the Trump Admin disguised my patented technology as a non-patented technology and gave it to Saudi Aramco and the... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 25, 2023

I am sorry to hear about your tribulations, but regarding the patent: you do not own the patent. You assigned your rights to the invention to the Deparment of Energy in December 2012, after the patent application was filed but before the patent issued.

It is not your patent, and the DoE...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: Three named inventors on a patent...what are the rights of these named inventors?

If a patent is assigned to three named inventors, does each inventor have the right to do what they please without approval or profit share to the other inventors?

A California LLC was in place but terminated in 2021 before being granted the patent. It was agreed upon that the patent would... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 24, 2023

Yes, that is correct: each of the inventors has a right to do with the patent rights as he pleases, without accounting or profit sharing with others.

In this case, though, you do have to be very careful that the rights were not actually assigned to the California LLC, and that if there was...
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3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Good morning, I would like to know if there is any chance to get contact information about a patent owner.

I have had an issue selling a product that it is supposed to be patented by "Mr. W.T."

Patent number: 7841848

Publication number: 20070034094

I would like to know if there is any chance to contact with the patent owner to negociate a possible solution for the issue... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 26, 2023

There is nothing to negotiate -- the patent is expired. The patent expired on 11/30/2018 due to non-payment of maintenance fee.

Feel free to use anything in the patent however you want.

Source:...
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: I created the first public online forum focused on the maritime industry. It is hosted by "Discourse". Can i patent it?

Can i patent the fact that this is the first public online forum in the maritime industry, as well as its content?

The forum is built upon "Discourse", a forum software.

Peter D. Mlynek
Peter D. Mlynek
answered on Aug 8, 2023

No. You cannot patent it.

The reason that you cannot patent it is that you are simply doing what people have been doing since the mid/late 1980s. You are just applying it to a new area.

As an aside, I am not sure I understand the nature of your statement that it is the...
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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... View 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 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.

...

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

You may be out of luck.

Good companies listen to their customers. Often, a company is told of an idea by its customer, supplier, vendor, employee, etc., and the company develops the idea into an invention, which is then patented.

If you pitched your invention to company, then...
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3 Answers | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: CAN YOU PLEEEEEEEEASE TELL ME HOW TO OBTAIN A PATENT WITHOUT GETTING RIPPED OFF? PEOPLE GOT ME FOR 1200 BUCKS!

I JUST CAN'T LET THAT HAPPEN AGAIN SO I'VE BEEN HARBORING IDEAS FOR DECADES, SOME VERY NEEDED STUFF.

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 25, 2023

You can't.

Look, a patent is a business tool. A patent costs about as much as a pick up truck. It is typically a small part of a multi-million dollar set of assets of a company.

If you do not have money for a patent (tens of thousands of dollars), how are you going to have...
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3 Answers | Asked in Intellectual Property and Trademark on
Q: Hi I have a shop name is zuladesignstudio, sometimes Im using zula name as a short version. Is that ok about copyrights?
Peter D. Mlynek
Peter D. Mlynek
answered on Aug 8, 2023

If you want to protect your shop from others using either zuladesignstudio or zula, then you file for a registered trademark. You can either file it yourself or have a lawyer do it.

There is no copyright issue.

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2 Answers | Asked in Patents (Intellectual Property) for Michigan on
Q: If an inventor signs over all rights to his invention to a corporation, Is the corporation required to have an attorney

Is the corporation required to have an attorney to file for the actual patent?

Peter D. Mlynek
Peter D. Mlynek
answered on Oct 10, 2022

Not simply "an attorney". It must be a patent attorney (or a patent agent). Make sure that you are looking at patent attorneys only.

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2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Where do i go to discuss what i need for a US Patent.

Location best preferred

Peter D. Mlynek
Peter D. Mlynek
answered on Oct 2, 2022

There are many places on the internet (such as reddit) where you can discuss the patenting process, and the advantage/disadvantage of getting a patent for your business.

You do not need to worry about what you need to get for a patent. That will be the job of your patent attorney. What...
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1 Answer | Asked in Business Formation and Patents (Intellectual Property) for Texas on
Q: RetailMeNot suing Honey for patent infringements.

Hi my question is regarding RetailMeNot suing Honey for patent infringements.

According to RetailMeNot’s suit, Honey infringes on U.S. Patents 9,626,688; 9,639,853; 9,953,335; and 9,965,769, which detail technologies related to things like facilitating access to promotional offers,... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 9, 2022

It is possible for someone to start up another coupon site. You just have to be outside of the scope of the claims. In this particular case, the four patents have very long independent claims, suggesting that one should be able to work around these claims.

If you are trying to start an...
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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: I’d like to find out how to get permission to use a patent
Peter D. Mlynek
Peter D. Mlynek
answered on Sep 9, 2022

You should be able to contact the patent owner, and make a deal with the owner just like you would for leasing or buying a car, a machine, or a factory.

But before you do reach out to the patent owner, you should talk to a patent attorney. There are several things that the attorney should...
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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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