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Questions Answered by Peter D. Mlynek
1 Answer | Asked in Patents (Intellectual Property) for Minnesota on
Q: Do the claims under this patent appear to be too abstract to justify validity?

I'm trying to determine if a new invention will pose risk for infringement. The claims under this patent seem very abstract in nature, thus preventing anyone from designing an application that retrieves general fishing related-data from users, processing it and then providing results based on said... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Apr 4, 2020

You really need to contact a patent attorney to help you. The patent attorney should be able to tell you whether your company's product (or service) infringes of that patent or not.

If it looks like that your product infringes on the patent, then you have several options. You could...
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1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: How do you file a patent?

If you have an item that you want to patent, what are the steps to get a patent, or where would you go to get a patent?

And can the patent include more than one person for the creation of the object?

Peter D. Mlynek
Peter D. Mlynek answered on Apr 4, 2020

To get a patent, you need to reach out to a patent attorney, and the patent attorney will take care of it for you.

If you do not know a patent attorney, reach out to any attorney that you know, and he will put you in touch with a patent attorney who should be able to help you.

1 Answer | Asked in Patents (Intellectual Property) for Nevada on
Q: how much does a patent cost to file?
Peter D. Mlynek
Peter D. Mlynek answered on Apr 4, 2020

$785

You need to pay $785, when filing a regular patent application. The fees include filing fee, search fee and utility fee.

However, there are some discounts, and many additional surcharges, so depending on circumstances, the actual fee that you need to pay to the Patent Office...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Can I make my own "flexible" sole that can be used with multi-height heels, using a different mechanism?

US Patent for Sole part Patent (Patent # 9,980,533)

Peter D. Mlynek
Peter D. Mlynek answered on Apr 2, 2020

Yes, you can.

As long as you do not do what it says in the claims (literally or otherwise), you should be OK. You can take their idea of flexible sole, but just not what is in the claims.

1 Answer | Asked in Business Law, Civil Litigation and Patents (Intellectual Property) for California on
Q: Amgen control of patent. Sold rights to other companies. Still used. D. Fenton did nothing. Does Tallen have recourse?

I am sole inventor. Michael Tallen. Dennis Fenton did not come up with idea nor did any of the work. I was fresh out of school. He threatened me to get name on patent snd drove me out of Amgen. Today he is on Board of Directors of over 200 Biotech Companies worth $500M. Amgen got to markets... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Apr 2, 2020

I can't give you an exact answer to your question because I do not have all the information, but here is several points which you should consider.

(1) There is a difference between an ownership of a patent and an inventorship.

(2) An inventor is one who invented as least one of...
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Q: Iv learned to draft a patent, my patent is beautiful, I may need an attorney to assist in litigation.

I am the inventor of web cam covers of which I have a provisional application. I'm looking for an attorney to assist in possible litigation, an attorney of whom will take a contingency case. This has already been proved I have a rock solid case. Davison or invention land tried stealing my idea and... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Apr 2, 2020

Sorry, but there is very little chance of any attorney taking your case. For several reasons.

Firstly, just because you've filed a provisional application, does not mean that you have a patent. You need to file a regular application, prosecute it, and have the patent issue before you...
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Can I use patent drawings from other companies' active patents commercially?

Can I for example print patents drawings on t-shirts and sell them even though it's not my patents and they're still active?

From what I find online it's ok as long as the drawing doesn't have a copyright notice.

Peter D. Mlynek
Peter D. Mlynek answered on Apr 1, 2020

That's an excellent question. I've never thought of that.

But I think that if you copy the drawing from a utility patent, you should be OK. Why? Because patents are not copyrightable. You can copy words and figures from a patent (like every patent attorney alive has done), but you...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: I wish to patent a simple bandage that is not at all simple in its utility.
Peter D. Mlynek
Peter D. Mlynek answered on Mar 18, 2020

Generally, the simpler something is, the harder it is to patent.

If it is a simple bandage that is similar in most ways to existing bandages but the way that you use it is different, then it will be difficult to get a patent on it.

But if the bandage is somehow different, such as...
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2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Looking to know if I violated a patent

I want to start a distribution of a product I manufacture out of the states and need to know if I dont violated some patents I found online that belong to a similar company such as mine

Peter D. Mlynek
Peter D. Mlynek answered on Feb 25, 2020

You are going to have to hire a patent attorney to tell you this.

You are looking for a patent attorney to provide you with a Non-infringement Opinion (if you have a specific patent(s) that you are concerned about), or a Freedom to Operate Opinion (if you want to make sure that there are...
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1 Answer | Asked in Education Law, Intellectual Property and Patents (Intellectual Property) on
Q: What is the process and what are the costs of getting a patent filed?Purpose: protection of a new educational process
Peter D. Mlynek
Peter D. Mlynek answered on Feb 12, 2020

The process of getting a patent is straight forward: a patent attorney drafts a patent application based on what information you have provided (1 to 3 weeks of calendar time), then, over the next few years there are negotiations between your patent attorney and the patent office ("patent... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Indiana on
Q: According the granted patent from January 13 2015 did is any money were coming on the name of my late husband Robert.

I'm Nada Miele his wife. Please let me know if is anything that I need to do.

Peter D. Mlynek
Peter D. Mlynek answered on Feb 10, 2020

My condolences to you, Mrs. Miele, on the passing of your husband. Your question is a very common one.

The patent that your husband is listed as an inventor (US 8,932,825), was assigned by your husband to Glycofi Inc. of Lebanon, NH. Glycofi was the owner of the patent, and after the...
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1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: I want to build shipping container pools but am worried about patents since there is only so many configurations?

By using the same vessel there are only so many ways to configure a pool. Should I be worried about other builders patents or would they actually hold up as long as I don’t blatantly steal IP.

Peter D. Mlynek
Peter D. Mlynek answered on Feb 8, 2020

Whenever you want to start producing and marketing products that are not commonplace or have not been around for a long time (i.e. 20+ years), yeah, you should contact a patent attorney about this. The patent attorney will give you options for you to pursue.

1 Answer | Asked in Patents (Intellectual Property) on
Q: can I get the number of patents granted to sun pharmaceutical industries limited during the FY 2018-2019?
Peter D. Mlynek
Peter D. Mlynek answered on Feb 8, 2020

Because you are posting on a website dealing with US laws, I assume that you are asking about US patents, and not patents outside the US. And, because Sun Pharma is an Indian company, I assume that you are asking about the FY according to Indian accounting rules, hence, those patents issued in Sun... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: What is the name of the registered patent agent/attorney who filed the application on behalf of the inventors? p '719

Patent No. 10531719

Peter D. Mlynek
Peter D. Mlynek answered on Feb 8, 2020

According to the facepage of US Patent 10,531,719, the name of the patent attorney/agent is Celia H. Leber.

2 Answers | Asked in Patents (Intellectual Property) on
Q: Arconic has a patent on the specific shape of a aluminium truck wheel. How can I find this?

We have a similar rim but want to ensure we dont infringe on any patents. My supplier tells me, the patent from ARCONIC / ALCOA has expired.

Peter D. Mlynek
Peter D. Mlynek answered on Feb 3, 2020

Arconic has about 30 patents or patent applications in its own name, and about additional 80 assigned to it from its predecessor Alcoa. Some of these cases are in force, a few have expired, and some of them have not been granted yet.

Maybe the supplier is right and is referring to a...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Does Magnetite Windows still have a valid patent for insulating windows?
Peter D. Mlynek
Peter D. Mlynek answered on Feb 2, 2020

You have to be careful.

Here is the situation in cases like yours: A company may have many different products and improvements to those products. On Magnetite's website, they post about having a patent on their product, U.S. Patent 4,473,980. That patent has expired a long time ago, so...
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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: I would like to make a handmade cat toy to sell. And I would like to know my design is not against other patent.

It is handmade cat toy wand with wire and some attractive toy at the end.

Thank you in advance,

Peter D. Mlynek
Peter D. Mlynek answered on Feb 2, 2020

That is a tough question. You can hire an attorney to give you a good answer, but it will cost you much more money than you could ever make on the toy.

Here is a safer bet: if there is toy that has been around for the past 20 years or longer, then you should be safe from patent...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: How to have a right to use the patent ( technology described in a patent ) in another country
Peter D. Mlynek
Peter D. Mlynek answered on Feb 2, 2020

A patent is enforceable only in the country that issued it. So, if there is a patent in the US, and you are making the claimed product in China and shipping it to Europe, then you won't be infringing the US patent. Likewise, if there is a European patent on the product, but not in the US, then... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Ohio on
Q: My father inlaw patented banner ads in 2006. Everyone is making money off them but him (Google, Facebook) what can he do
Peter D. Mlynek
Peter D. Mlynek answered on Jan 30, 2020

Well, the entire point of getting a patent is to make make money on it. There is something wrong if your father-in-law is not making money on his invention but other people are.

Your father-in-law should go see a patent litigator.

1 Answer | Asked in Copyright and Patents (Intellectual Property) for New York on
Q: Let’s say I have a design in mind for a beauty product to be sold in , does it make sense to get a design patent?

I want to know if I can prevent other vendors or manufacturers from replicating my idea .

Peter D. Mlynek
Peter D. Mlynek answered on Jan 30, 2020

I assume that you have designed some sort of a bottle or a container for holding nail polish, hair gel, mascara, body lotion, etc.

You have several options.

First, you should trademark the name of your product, and possibly the logo.

Second, you may want to get a design...
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