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Questions Answered by Peter D. Mlynek
1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: how do you reinstate an old patent?
Peter D. Mlynek
Peter D. Mlynek answered on Apr 7, 2021

You can't reinstate old patent. Here is the idea behind patents: the inventor discloses his invention to the public, and in turn the public (via the government) allows the inventor to keep others from making or using his invention for a limited time. After the limited time expires,... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: Is Hydra-Bore available to name a new product. Product is mounted on a Power Booster(tm) jets flow opposite direction.

External jets face opposite direction operated with water. Used on sludges 2 clean & for hydro excavation.

Peter D. Mlynek
Peter D. Mlynek answered on Mar 30, 2021

No attorney on this site is going to give you a definite answer to any specific legal question, but "Hydra-Bore" does not appear to be listed as a federal trademark. So that is the good news.

You have to be careful though. If the new product is something that the name suggests,...
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1 Answer | Asked in Patents (Intellectual Property) for Georgia on
Q: HI! I need to know if I can get a design patent for designing wedding stationery in the form of a magazine style.

n/a

Peter D. Mlynek
Peter D. Mlynek answered on Mar 9, 2021

Yes, you should be able you, provided that the design is new and not obvious. Given that there are hundreds of different wedding stationery designs, and there may be other stationery in form of a magazine, it may be tough to get the design patent. You need to talk to a patent attorney.

1 Answer | Asked in International Law and Patents (Intellectual Property) for Illinois on
Q: Is it likely that a patent application for a process that involves an internationally patented product will be approved?

There is only one source of a patented filament for 3d printing. I have come up with a simple way to print the filament, creating a potentially profitable product. It is a novel idea for printing the filament, but a common way of producing similar products.

Peter D. Mlynek
Peter D. Mlynek answered on Mar 9, 2021

If you came up with a new way of making a filament that is know, then, yes, that is potentially patentable. Your patent would not cover the filament, but it will cover the method.

But there is a problem. The problem is that if you take a known method to make a known product, it will be...
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1 Answer | Asked in Patents (Intellectual Property) for Arizona on
Q: If a toy design is patented how are there so many different people selling identical products?

I made a crocheted design of the famous reversible octopus that I was hoping to sell but was told I couldn’t because the design is patented. But when I look on Etsy and Amazon, there are plenty of sellers selling products that are identical. How is that legal?

Peter D. Mlynek
Peter D. Mlynek answered on Mar 9, 2021

Maybe the patent owner licensed the design to a number of sellers. Or maybe the sellers buy the product from the patent owner. Or maybe the sellers on Etsy ignore the Cease and Desist letters. Of maybe the person who told you about that you could not sell it is wrong.

In any case, if...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: My Publication number: 20210015749 is not shown publicly at Justia Patents. Do I need take additional steps?

I am the principal inventor for application. The other co-invertors can be viewed " Patents by Inventor NAME" few days after the publication (01/21/2021). However, I cannot see mine? Any idea, how I can activate mine? Thank you

Peter D. Mlynek
Peter D. Mlynek answered on Mar 9, 2021

I don't speak for Justia, but many databases take a few months to get updated. This is normal.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Hello, would this name violate a word trademark if the products are very different?

Hi,

I thought this would be a quick and easy question for someone here who wanted to help. Unfortunately, I'm not really in a financial situation to hire an attorney/lawyer.

I'd like to publish a book with the title "___ for Potato Heads" similar to one of those... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Mar 9, 2021

No, sorry, you'll likely cannot use "____ for Potato Heads" as a series title.

Why don't you do what the Beatles did when they wanted to record "Dr. Pepper Lonely Hearts Club Band"? Just work rework it from "___ for Potato Heads" to "__ for...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: Hi, thank you for helping. Is compostable mailers patent of not?
Peter D. Mlynek
Peter D. Mlynek answered on Mar 9, 2021

Yes, they can be.

But if you are just taking compostable material that is already made, and making them into mailers that are pretty much the same as mailer that already exist, then you are not going to get a patent. You are going to have to do more.

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: I left a company. They can regist a patent, where I am as inventor, in USA without my permission?

I left a company.

Now, i see that they register a patent in USA, after I left the company. I never give any permission to register the patent in US territory.They can regist a patent, where I am as inventor, in USA without my permission?

Peter D. Mlynek
Peter D. Mlynek answered on Mar 9, 2021

This is a very common question.

A scientist or an engineer works for a company to invent and develop new products that will make money for the company. The scientist/engineer invents, and the company pays the scientist/engineer for the work, just like any other worker. The product of...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: i have an invention idea that worked what do i do now ?
Peter D. Mlynek
Peter D. Mlynek answered on Mar 9, 2021

Congratulations on a workable idea!

You should also be congratulated about worrying about patents now, and not after your product (or service) has hit the market, when it would be too late to patent your invention.

To answer your question, you need to get a business plan together....
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2 Answers | Asked in Patents (Intellectual Property) for Oregon on
Q: how long is a chemical etching patents?

For example, what is the duration of a patent 10640679

Peter D. Mlynek
Peter D. Mlynek answered on Mar 9, 2021

16 Oct 2037.

(Most likely, anyway. Standard disclaimers apply.)

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1 Answer | Asked in Copyright and Patents (Intellectual Property) for Texas on
Q: I want to create and patent a license plate trim. How do I do that?
Peter D. Mlynek
Peter D. Mlynek answered on Feb 15, 2021

You need to contact a patent attorney to get this done.

You most likely have two options depending what aspect of the license plate trim you are trying to protect. If you are trying to get coverage for the ornamental design of the trim, then you'll likely need a design patent. If you...
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1 Answer | Asked in Contracts, Copyright, Patents (Intellectual Property) and Trademark for New Jersey on
Q: I have a pillow Design that describes similar to the "neck pillow "but my description and purpose are slightly different

Do I require a patent, and or would I' be infringing on neck pillow patent. & can my design and purpose be protected as an IP 2B sold or licensed out?

Peter D. Mlynek
Peter D. Mlynek answered on Feb 15, 2021

Whether you infringe and whether you need a patent are two different subjects.

With regards to infringing of a patent of another product you need to see a patent attorney, who will provide you with a non-infringement opinion. The patent attorney will take a look at your product and at the...
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1 Answer | Asked in Patents (Intellectual Property) for Arizona on
Q: What is the lashify patent? Trying to start a lash business but want to adhere to their patent.
Peter D. Mlynek
Peter D. Mlynek answered on Feb 11, 2021

Congratulations on starting a new business!

As you know, there are many legal hurdles that you need to deal with, including registering the business name, incorporation, zoning, health, hours of operations, employment, taxes, etc. You are to be commended that you are concerned about...
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1 Answer | Asked in Patents (Intellectual Property) for Mississippi on
Q: Hello I have some general questions about possible ownership of land patents. How does one go about finding out more ?

Biggest concern is how does one know if they are entitled. My last name references many land patents in MS.

Peter D. Mlynek
Peter D. Mlynek answered on Feb 11, 2021

I am sorry, but patents in intellectual property deal with inventions, and not land patents. You are going to have to ask your question in the real estate group.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Is a basic IDEA of an expired/abondoned patent also be considered as an infringement? Irrespective of product's design ?

For example: Do A small wifi enabled physical gadget having 3 buttons for calling emergency services.

Infringes my IDEA of a simple similar gadget of a single button used to call 911?

Peter D. Mlynek
Peter D. Mlynek answered on Feb 11, 2021

The basic idea behind the patent scheme is to advance the progress of the society. An inventor discloses his invention to the society for the benefit of the society, and in turn, the government grants a benefit to the inventor: a patent, which allows the inventor to keep others from practicing the... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Illinois on
Q: I invested in International Technologies Inc (Patent 5269947) Thermal Depolymerization Processor in 1994 ($2500).

How can I find out if it has any value.

Peter D. Mlynek
Peter D. Mlynek answered on Jan 31, 2021

Patents that have issued in 1994 have no value at the present time, because they have expired.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Michigan on
Q: Niagin owns the patent to NR, but yet there are still other companies selling the raw material. Is this patent infring?
Peter D. Mlynek
Peter D. Mlynek answered on Jan 27, 2021

I am not going to give you an opinion on Niagen booster supplement containing naturally nicotinamide riboside (NR), because I do not know all the facts, but here are a few comments.

Generally, naturally occurring compounds are not patentable. Anyone can make, use, or sell such compounds....
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Q: A new cigarette that will positively change global market, even among non-smokers. Huge ROI, new paradigm, evolutionary!

My question is about today's processes as far as patent search, type of patent required to protect our idea, securing our rights BEFORE leaking the idea to those who might steal it before we come to market, and resources on implementation and aligning with potentially existing cigarette... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Jan 24, 2021

Congratulations on your new venture!

Yes, you need to apply for a patent before you present it, market it, sell it, or even talk about it in detail with anyone. Absolutely. You do not need to get a patent, but you need to apply for it. This is especially true because you will need to get...
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2 Answers | Asked in Patents (Intellectual Property) for Arizona on
Q: I want to use an ice cube bag tray to sell my product that has a patent. Can I still use it without legal issues?

I have seen many of these types of ice cube bags sold on amazon, but I want to clarify if I can fill them with my liquid and sell them.

Peter D. Mlynek
Peter D. Mlynek answered on Jan 10, 2021

Well, yes, I think that this would be fine.

You are buying bags through Amazon from the holder (of licensee) of the patent, and putting your liquid in them and selling them to end users. The reason why there is a patent is so that the owner of the patent can keep others from making such...
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