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Questions Answered by Peter D. Mlynek
2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: When a patent expires after 20 years and is assigned to another person or institution is it still in the public domain?

A patent for a technology I am looking at expired in August after 20 years and it says it was assigned to Bank of America. Does this mean Bank of America now owns the intellectual property or is the IP now open to the public? Would a licensing agreement with Bank of America be required to use this... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Nov 29, 2020

After a patent is expired, anything that is claimed or even disclosed in the patent, passes onto the public. Anyone is able to use or make the invention without worrying about getting sued by the patent holder.

Unfortunately, some companies ask for a license payments beyond the expiration...
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3 Answers | Asked in Patents (Intellectual Property) for Indiana on
Q: I think I’ve discovered a new type of Calathea. My Calathea has mutated and reproduced with new patterns and colors.

What are my first steps to patent such a beautiful plant?

Peter D. Mlynek
Peter D. Mlynek answered on Nov 23, 2020

Congratulations on your new Calathea! I like those plants.

It may or may not be patentable (depending if you found it in nature or if you've bred it), but you have two options: hire a patent attorney, or do it yourself. If you've never done this before, then you really need to...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Kentucky on
Q: Can I patent a specific type of credit card?
Peter D. Mlynek
Peter D. Mlynek answered on Nov 23, 2020

Yes, you should be able to do that.

The technology with credit cards has evolved by using raised numbers, then magnetic strips, then chips, so if you come up with yet another advance in technology, you should be able to get a patent on that.

Or if you make a credit card that is...
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2 Answers | Asked in Patents (Intellectual Property) for Georgia on
Q: Is there a design patent for hand cuffs?
Peter D. Mlynek
Peter D. Mlynek answered on Nov 23, 2020

Yes, there are plenty of patents on handcuffs.

However, most patents on handcuff are utility patents, not design patents. Typically, the purchaser and user care about that they work, and not about the ornamental design of it.

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3 Answers | Asked in Entertainment / Sports, Patents (Intellectual Property) and Trademark for New Jersey on
Q: I have a LLC for 'clothing'. Do I need an additional LLC to trademark the same name for 'Entertainment' purposes?

Do I need two separate LLC's. When filing trademark should it be under the LLC or me as individual?

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

No, you can one LLC for both your clothing line and your entertainment line.

However, you should get your federal trademark in two classes, one class for your clothing products, and one class for your entertainment products.

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4 Answers | Asked in Patents (Intellectual Property) on
Q: What makes the length of the patent protection too short?

The approval date for a drug named BIKTARVY is 02/07/2018 and the date of the first-expiring patent is 11/04/2020. Meaning the amount of time between the approval date of the drug and the date of the first-expiring patent is 2 years, 8 months and 29 days. Why would it be too short and not a length... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Oct 23, 2020

Actually, this is a very common question, and a problem for the pharmaceutical industry, including my clients, deal on daily basis.

Although it is correct generally the term of a patent is 20 years from the earliest priority date, things are not so simple in pharmaceutical arena. For...
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Q: Do I get a share of money if some patents that I co-invented when I was a student is now sub-licensed by a company

I was a Ph.D. student working with my professor at University. We together applied for two patents, which were approved in the U.S. and Europe. My professor later started a company and licensed these patents from the University. Recently on the news, a large company sub-licensed these patents again... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Oct 15, 2020

Sorry, I wish I had better news, but you very likely are not entitled to any money from the patent.

Generally, when you are a Graduate Research Assistant, you are getting paid, either as a salary or in lieu of tuition, to do research. You were getting paid. As with any university in the...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: Can I sell my patents ?
Peter D. Mlynek
Peter D. Mlynek answered on Oct 11, 2020

Yes. It is treated like a personal property, such as an oil painting, or a stock portfolio, or a car.

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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: How many times it take for a Patent to be "free" when it is not exploited?
Peter D. Mlynek
Peter D. Mlynek answered on Sep 28, 2020

This is a very common philosophical question or a public polity in patent law. Since patents are made to promote the progress of science by securing for limited time to inventors the exclusive right to the inventions, what happens when the inventor does not do anything with his invention?... Read more »

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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: My feet dry, flaking, itching. Store items don't work. I made my own with household products. It works. Can I patent it

It's a foot cream.

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

You should be able to. It of course depends on if similar products already exist or are patented.

Most of my practice is writing patents for formulations for personal health or cosmetic industry. If you need help, please let me know.

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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: if i had a provisional patent a few years back. can you work on its previous search and resubmit with adjustments?
Peter D. Mlynek
Peter D. Mlynek answered on Aug 25, 2020

This is a very common question.

You filed a provisional patent application, but you did not file a regular utility application like you were supposed to in order to get patent protection. Your provisional patent application has thus lapsed.

Yes, you can file another patent...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: I submitted my patented paint brush Hook to the Wooster paint brush company new products department 3 years ago

After several emails, reviews, and conversations they said that they were not interested,

Today I went to Home Depot and in the paint brush department, Wooster has a paint brush with my design that I submitted to them ,I think they stole my patented design.

Peter D. Mlynek
Peter D. Mlynek answered on Aug 19, 2020

Well, if a company stole your patented product, then you should be able to sue them. Talk to the patent attorney who got you your patent to recommend a litigator.

Good luck!

1 Answer | Asked in Patents (Intellectual Property) for New Jersey on
Q: Can I patent a specific product in several different design shapes and sizes?
Peter D. Mlynek
Peter D. Mlynek answered on Aug 17, 2020

If you are looking for a design patent, then likely yes. Provided that the shapes and sizes are ornamental in nature.

If you are looking for a utility patent, then likely no. It could be, if the different shapes and sizes would be make the product function in a different way than would be...
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3 Answers | Asked in Patents (Intellectual Property) for New Jersey on
Q: How much would it cost to patent my face mask designs?
Peter D. Mlynek
Peter D. Mlynek answered on Aug 17, 2020

Several thousand dollars, if you are interested in protecting the ornamental design of it. That is, mask that are similar in technology to existing masks. This is going to get you a design patent.

If you are looking to protect a new technology, such as new mask material, or new way of...
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1 Answer | Asked in Patents (Intellectual Property) for Massachusetts on
Q: Who is the best lawyer to use to file a CLASSIFIED patent for the electromagnetic asteroid propulsion system?
Peter D. Mlynek
Peter D. Mlynek answered on Aug 16, 2020

Well, if you are working on a classified material, such as a mass driver, then you need to talk to your group leader, manager or director. They will be able to provide the proper channels to determine if it is in the best interest of your sponsor to apply for such a patent, and what you need to do... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: Is it legal to for a multi billion structured patent settlement to be reversed?

At first i was told to hire a contracts lawyer. Now that the settlements were reversed what kind of attorney do i need to hire?

Peter D. Mlynek
Peter D. Mlynek answered on Jul 19, 2020

Yes, it is possible for a settlement to be reversed.

The kind of an attorney to represent you will depend on the nature of the problem. I would think that a patent litigator would be an appropriate starting point.

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3 Answers | Asked in Products Liability and Patents (Intellectual Property) on
Q: Cease and desist letter from Kilpatrick Townsend

I received a cease and desist letter from Kilpatrick Townsend about selling headphones similar to airpods. What should I do now?. Should I respond?

Peter D. Mlynek
Peter D. Mlynek answered on Jul 19, 2020

You really need to contact a patent litigator. Make sure that it is not a patent attorney, but someone who has experience in patent litigation.

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2 Answers | Asked in Patents (Intellectual Property) on
Q: Is Patent 8645011 still in force or has it lapsed due to non payment

The patent was designed by me, and owned by xxxx. I apparently sold xxx and yyyy when I had a stroke in September 2014. I have not been paid one dollar by the Law firm.

Peter D. Mlynek
Peter D. Mlynek answered on Jul 9, 2020

It looks like the first maintenance fee has been paid by CPA (a company that specializes in paying maintenance fees) on 2 Mar 2017. So it looks like that the payment of fee is in order and the patent is likely enforceable.

The next fee is due by Aug 2021.

I note that CPA paid the...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: patent litigation

I am an exclusive inventor and owner of an US patent about a machine and recently discovered a us company product and sale -withou having anm own patent- a machine completely same of my patent

I am searching a law firm on a base "no win no fee" success rate

Peter D. Mlynek
Peter D. Mlynek answered on Jul 7, 2020

Sorry, but patent litigation is not mass tort. I don't know of any firm who would do this on "no win no fee".

Here is an option for you: you could finance it. There are companies who could lend you the money to finance your litigation. But even with those, you'd need...
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