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Questions Answered by Peter D. Mlynek
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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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Can two patent applications have identical titles? If so can you find an example?

An inventor filed for two patents with the same title at the Austrian patent office. But when he obtained two U.S. patents with those Austrian patents as priority, his U.S. patents had TWO DIFFERENT titles. If the U.S. patent office didn't care, why didn't his two U.S. patents have the... Read more »

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

Yes. Absolutely. In the US, anyway.

The rules in the US about titles of patent applications is fairly liberal. A title must be "short and specific", meaning fewer than 500 characters, but I've found that the Patent Office does not really care. At most, they delete leading...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: Can I produce a patented chemical just as an academic exercise? if permission is required, how can I obtain one?

I am a postgraduate student and wish to replicate a procedure reported in a patent at a lab scale just for academic purposes. I wish to know if it is Okay or if I will need a permission before I can do that. And if a written permission is required, who would be the right person to contact; the... Read more »

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

If you'd be a high schooler, then most attorneys would say "yeah, who cares?", but since you are a PhD student, it is possible that your result may be used to produce a new composition that can be patented and licensed. It behooves your PI not to fun afoul of any patents. There... Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: Dear lawyer I want to re-accept or re-register my patents. Please guide me . Thanks a lot

my patents are out of date .

And I want register them in canadian patent with added claims .

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

Once a patent lapses because it's term expired, there really is not much that can be done. This is because patents are specifically made so that after a certain period, the invention passes to the public.

If your patent lapsed due to non-payments, under some limited circumstances,...
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: If a person copyrights the summary and title of a patent, can anybody use the content of the summary to make decisions

Decisions that result in profit and loss without a license, and if so, how would that be prosecuted for damages. Such as short trade positions, and commodity trading, or purchasing of companies and or other patents.

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

Patents are not copyrightable, so anyone can make a copy of any patent. They just can't copy the invention.

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3 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: If my two patent applications can’t have the same title, but the priority country allows it, how is that handled here?
Peter D. Mlynek
Peter D. Mlynek answered on Jun 29, 2020

You have to handle it according to the laws of the country where the application is filed. What the priority country allows or not is irrelevant for the purposes of filing country.

This is, of course, a very big problem at times. To deal with this, you need to make sure that the first...
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2 Answers | Asked in Patents (Intellectual Property) for Missouri on
Q: Can I patent an insulated holder, like a can “koozie” except instead holds handheld vaporizers/e cigarettes?
Peter D. Mlynek
Peter D. Mlynek answered on Jun 29, 2020

Yes, you should be able to get a patent on it, if it is sufficiently novel and non-obvious.

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3 Answers | Asked in Patents (Intellectual Property) on
Q: Hello! I was wondering if you could help me find out if a US patent from someone is patented in Europe?

The patent number is: USD732309S1

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

Sure. That is not a problem.

You can either post the US patent number here and someone will answer you, or try to find it yourself at https://worldwide.espacenet.com/advancedSearch?locale=en_EP

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3 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Suppose I apply for a patent. While I am waiting, can I request that the title (name) of my patent be changed?
Peter D. Mlynek
Peter D. Mlynek answered on Jun 29, 2020

Yes, of course. That happens all the time. You should be able to change title, or the claims, or the specification during the prosecution.

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: Question about patent scope

I am writing a patent that consists of separate components that could also be patented. My question is whether it would be better to patent each piece of technology individually or to include them all within the final marketable product.

Peter D. Mlynek
Peter D. Mlynek answered on Jun 28, 2020

Well, it is generally easiest and cleanest to put it into separate applications (because inventors typically come up with different components at different times, but I generally tend to put it all into one patent application, let the examiner restrict it, and then choose which way you want to go.... Read more »

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