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Questions Answered by Peter D. Mlynek
1 Answer | Asked in Intellectual Property for Wisconsin on
Q: If someone was to program a piece of software for an organization, hosted on their server, can they use it if they leave

Let's say you make a piece of software for an organization, and it is hosted upon their server, and also hosted on their github, but later moved it to your own personal private github.

There was no contract signed.

If you leave said organization, is the organization allowed to... Read more »

Peter D. Mlynek
Peter D. Mlynek
answered on Jun 19, 2022

That depends on factors, including whether the programmer was an employee or a contractor, whether the programmer owned it prior to the installation onto the server or it was done specifically for the company, and whether the person was paid for the work of writing the program, etc.

Q: I need a lawyer to have international patent intellectual property rights for a non-US resident

for a non-US resident

Peter D. Mlynek
Peter D. Mlynek
answered on Jun 19, 2022

Patent lawyers very deal with international patent law on a daily basis. The way it works is that we are hired by a client who tells us which countries patent protection is needed, and we then coordinate patent work for our clients in all of those countries via local associates... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Hello, How can I find out if I can copy a patent product and just stick my own logo to it instead of theirs logo.

And how can I find their patent number and how I can copy the product with my own manufacturer and make my own brand logo and sell it without getting sued?

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 12, 2022

Well, the point of patents is to prevent you from doing exactly what you are trying to do.

However, you should be able to copy someone else's patented product if somehow you don't infringe (you are outside the scope of the claims of the patent), or there is a problem with the...
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1 Answer | Asked in Patents (Intellectual Property) for Kansas on
Q: How much it cost to get an idea in auto mobile field and also for a mobile app idea.
Peter D. Mlynek
Peter D. Mlynek
answered on Apr 7, 2022

A patent typically costs about $20k to $40K

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: How to see what a company’s patent looks like to not get sued because I have ideas and don’t want to get sued.

I want to make a further development of the product that has patent. But how can I work around their patent.

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 7, 2022

Patented products typically carry patent markings. Something like "pat. no. 12,345,xxx" and like. Once you have that, you go find the patent in the U.S. Patent Office databases.

2 Answers | Asked in Patents (Intellectual Property) for Colorado on
Q: Hi I had an idea for a product but I don't know how to go about securing the idea as my own.

I want to eventually sell my idea to a company who could produce it. But I want o have my idea secured as my own so that it doesn't get stolen.

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 7, 2022

This is a very common question. Unfortunately, you are not going to like the answer. I apologize in advance.

An idea, even after it has been flushed out to become a patentable invention, is not worth very much. Companies buy or license profitable businesses, profitable products or...
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1 Answer | Asked in Copyright, Business Law and Patents (Intellectual Property) for Texas on
Q: I am trying to find the patent for the brush guard that GM put on their Commercial Utility Cargo Vehicle (CUCV).

These vehicles were provided to the US military from 1984 - 1987. I believe similar brush guards were an option on GM trucks as early as the 1960's. I would like to reproduce this brush guard for the same GM vehicles and other vehicles with slight modifications. Thanks for any help you can... Read more »

Peter D. Mlynek
Peter D. Mlynek
answered on Mar 29, 2022

Sorry to be getting to this so late.

This is a common type of question, but unless the brush guard was ornamental, finding the patent is not going to be very helpful. The drawings that come with patents are there to help the reader understand the invention, and are not meant to be...
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Q: Can this device be re-patented and re-made since the devices patent is expired
Peter D. Mlynek
Peter D. Mlynek
answered on Mar 29, 2022

No.

The idea behind a patent is that the inventor discloses the invention, and in turn, the government gives the inventor something of value: the ability to keep others from using the patenting invention for a limited time. After the time runs out, anyone can use that invention.

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1 Answer | Asked in Patents (Intellectual Property) for Virginia on
Q: I am a high school student and I would like to file a patent. Is it possible to receive some help and guidance.

Use of a technology currently used in the field of medicine to be put to use in another area. I would like to speak with someone about how to write claims and generally how to do the application.

Peter D. Mlynek
Peter D. Mlynek
answered on Mar 27, 2022

In order to write a patent, you really need specialized training. This is not something that you could do yourself. Legally, you are allowed to, but practically it is not feasible.

As far as taking a product, process or technology from medicine and applying it to another field, this is...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: Can you object against a patent? And where is is valid geographically?
Peter D. Mlynek
Peter D. Mlynek
answered on Feb 6, 2022

It is typically much easier to fight a patent application before the patent issues than fight against a patent. And yes, after America Invents Act, it is now easier to fight patent applications and patents than before.

With regards to geography, patents are enforceable only in the...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: If i would like to sell a item simmilar to the product that has a patent on it. How much would it have to differ?

I would like to sell helmets with lights on it. I saw that one company has the patent on helmets with lights and indicator on it. Does that mean i can't sell other helmets with the same functionality or just that i can't sell the exact same helmets as the patent holder. And if so, how... Read more »

Peter D. Mlynek
Peter D. Mlynek
answered on Jan 24, 2022

That really depends on what the patent claims say. The claims may be very narrow and you could get away with making something similar, or they could be broad and you are going to have a hard time making a helmet that competes well with the patented one.

You need to see a patent attorney...
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2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: before having manufactured a certain comb, do I need to find out if it is already patented by someone? and how do I?
Peter D. Mlynek
Peter D. Mlynek
answered on Jan 24, 2022

You should seek competent patent counsel. You may or may not want to get a clearance search done, depending on your business situation.

A very safe route is to make a comb that has been around for at least 20 years so that you are certain that any patents that may have existed on the comb...
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1 Answer | Asked in Patents (Intellectual Property) for Ohio on
Q: I would like some help applying for a patent
Peter D. Mlynek
Peter D. Mlynek
answered on Jan 24, 2022

I, along with others, am available. Reach out to a few of us.

Q: Does this 9447159 patent cover all Fc heterodimeric cytokines with an antigen binding moiety (not just CEA-IL2)?

My question is whether this patent covers all heterodimeric immunoconjugates or immunocytokines as described in Claim 1. Specifically, cytokine could be any secreted growth factors that are not mentioned in the patent. Antigen binding moiety could mean any bivalent antibody although the patent... Read more »

Peter D. Mlynek
Peter D. Mlynek
answered on Dec 20, 2021

It appears that way. Provided, of course, that all of the other claim limitations of Claim 1 are taken into account. The term "cytokine" is defined in col 13, lines 38 to 62, and Claim 1 does not narrow this definition. This is not surprising; applicants try to claim more than just what... Read more »

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3 Answers | Asked in Patents (Intellectual Property) and Products Liability for Minnesota on
Q: Patent 7803360 protects a product that is degradable underwater.

Does this mean that no one is never allowed to make a bio degradeble lure other than this company? If one would be able to create something, they wouldn't be able to sell it? Not quite sure I understand how this patent works. Or is the patent designed to protect their formula, meaning if one... Read more »

Peter D. Mlynek
Peter D. Mlynek
answered on Dec 20, 2021

It is the latter.

You certainly can make a biodegradable lure. People have been making biodegradable lures for decades. The lure that you want to make just cannot have the same composition as the one recited in the claims in the patent.

Claim 1 requires that the lure is comprised...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: I am not the inventor of this patent. Could you please help remove it from my patents or patent applications? Thank you!
Peter D. Mlynek
Peter D. Mlynek
answered on Nov 1, 2021

Generally, people like to see their names on the list of inventors on a patent. But, sometimes, workers are included on the list by a mistake.

Look up the attorney or the name of the firm that prosecuted the patent application. They'd be very much interested in making sure that the...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: If I file a provisional patent myself but dont do a good job, can it be correct later on filing nonprovisional patent?

Hi:

I want to patent an idea. If I file a provisional patent on my own and hire a patent attorney later to file a nonprovisional patent on the same idea, can he/she modify the provisional patent and correct/modify any flaws that I possibly make in the provisional patent?

Thank you... Read more »

Peter D. Mlynek
Peter D. Mlynek
answered on Nov 1, 2021

Yes, this happens all the time.

The problem is that if you do a poor job in describing your invention in your provisional application, but is done appropriately in the nonprovisional application, then you will be able to claim the priority only to the non-provisional application. What...
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1 Answer | Asked in Products Liability and Patents (Intellectual Property) for California on
Q: Can I patient the corn burrito in it’s original place it was invented in ventura ca

Ventura California

Home of the corn burrito per Wikipedia

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

No.

1 Answer | Asked in Patents (Intellectual Property) on
Q: I am looking for a patent of the company Bierstick but canot find it... does it even exist for their beer seringe?
Peter D. Mlynek
Peter D. Mlynek
answered on Oct 9, 2021

A beer syringe named "Bierstick" was allegedly invented by Brandon Sirian, alongside his brothers, Justin and Ryan. A quick search for an inventor name Sirian does not turn up any US patents. Though you'd need to hire a patent attorney to give you a definite answer, it does not... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Do patents cover all designs or does it cover the entire concept?

I am being accused of copyright infringement by a company because we make the same product but in different ways. We both make hock socks (protective socks for rabbit's feet) The other company makes them with 3 different fabrics a solid toe and velcro or button around the ankle. I make mine... Read more »

Peter D. Mlynek
Peter D. Mlynek
answered on Oct 8, 2021

Patents cover the invention that is described in the claims of the patent. A patent may indeed cover all hock socks, or it may cover just a very specific type of hock socks. Without knowing more, we can't really tell you.

Given that you've been contacted by the patent...
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