Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Peter D. Mlynek
1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: What Patents do Solatube International hold in South Africa if any in regards Tubular skylights and ventilation systems
Peter D. Mlynek
Peter D. Mlynek
answered on Mar 15, 2024

Here are some of the patents that Solatube Int'l Inc. has in South Africa:

ZA2012/00018 - SKYLIGHT COLLIMATOR WITH MULTIPLE STAGES

ZA2012/00569 - SKYLIGHT COVER WITH PRISMATIC DOME AND CYLINDER PORTIONS

ZA2012/04238 - DIRECT AND INDIRECT LIGHT DIFFUSING DEVICES AND...
View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Some company is using parts of my patent for their product. What is the process to stop this from happening?
Peter D. Mlynek
Peter D. Mlynek
answered on Mar 15, 2024

If someone is infringing your product or process, you need to see a patent litigation attorney.

The first thing that the attorney will do is to investigate whether the company is actually infringing your patent. By "infringing your patent", I mean that the company is making or...
View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Washington on
Q: My father invented something held patent from 1968 though 1983 his idea was taken what can I do dad died
Peter D. Mlynek
Peter D. Mlynek
answered on Feb 28, 2024

Sorry, but there is really not much that can be done now.

Firstly, patents expire. When a patent expires, the owner is not able to enforce it anymore. Your father's patent, if i issued in 1968, would have expired in 1985.

If the patent expired in 1985, and if someone...
View More

View More Answers

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Utah on
Q: how are people able to sell a product even though it has a patent design?

Lot of people are selling different versions of a selfie stick, how are they able to even though there is a patent?

Peter D. Mlynek
Peter D. Mlynek
answered on Feb 24, 2024

I do not know what patents cover selfie sticks, but generally when someone says that they have a patent for product, they typically have a patent on only certain kind of a product.

So, for hypothetically, a "selfie stick patent" may claim a selfie stick that attaches the camera...
View More

View More Answers

4 Answers | Asked in Energy, Oil and Gas, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: My late husband have 52 utility patents, I see another widow whose husband passed away, her name is always next to his.

It's like my late husband employer does not want my name anywhere, his late relative name is even everywhere, I have paper showing I am legal Representative but employer will not put my name next to my husband, my husband was lead inventor, I just wonder does being recognized as legal... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Dec 28, 2023

I am sorry to read about your loss.

If your late husband was employed, almost certainly the patents that he was an inventor on were owned by the employer and not by your husband. If so, then he did not have any rights to the patents. The employer can do with the patents and patent...
View More

View More Answers

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Suma has a patent for fish feed formulation and now she realizes the addition of 10% by weight of coconut oil into the

formulation extends disintegration time for fish pellets in water and this is well known in the art.Kindly advice how she can protect this improvement.

Peter D. Mlynek
Peter D. Mlynek
answered on Dec 17, 2023

This is a type of a very common question. It is tough to get a patent on this improvement if Suma is just adding a known ingredent to a known composition and it acts in a known manner. It will certainly be rejected by the Examiner as obvious under KSR rationale (A).

Here is how I...
View More

View More Answers

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: Hi, I have few journals with novel ideas. How can I get patent for those ideas?
Peter D. Mlynek
Peter D. Mlynek
answered on Dec 18, 2023

You can get a patent easy. Make an invention based on your ideas, talk to a patent attorney, pay him lots of money, and he'll get your patent.

But, you should understand what a patent is. It is a business tool. It is a way of making money. It is similar to buying a tractor, or a...
View More

View More Answers

2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: To whom it may concern : Can I resubmit my “ rejected “ patent of 10 yrs ago ? Thank you.

Medical device

. Battery operated

/ usb

.

Peter D. Mlynek
Peter D. Mlynek
answered on Nov 25, 2023

NO. You cannot resubmit your patent application if it has been dead for 10 years.

(Think about it. How would it be fair if you apply for a patent, the Patent Office rejects it, the file is closed, other companies in the industry see your published patent application knowing that the...
View More

View More Answers

4 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Wisconsin on
Q: I would like to patent an energy drink certain ingredient how do I know if it has already been patented?

I would like to patent an energy drink recipe but in a broad sense to protect or mitigate against companies with more capital just running me over and imitating it. How do I find patent but ensure I'm not overlapping someone else's already?

Peter D. Mlynek
Peter D. Mlynek
answered on Oct 19, 2023

OK, so here is the situation. You have two separate issues: (1) can you make and sell your energy drink?, and (2) can you patent it to keep others from copying your invention? The first question is typically the more important one.

(1) To make sure that you do not infringe on other...
View More

View More Answers

2 Answers | Asked in Energy, Oil and Gas, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: I invented and patented (US 8391552) an invaluble technology for petrochemical industry

So in 2018, the Trump Admin attacked me in a federal lab in Pittsburgh. I had to flee. Then my house was raided by a SWAT team. I fled into hiding in Amish country Ohio. Then the Trump Admin disguised my patented technology as a non-patented technology and gave it to Saudi Aramco and the... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 25, 2023

I am sorry to hear about your tribulations, but regarding the patent: you do not own the patent. You assigned your rights to the invention to the Deparment of Energy in December 2012, after the patent application was filed but before the patent issued.

It is not your patent, and the DoE...
View More

View More Answers

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: Three named inventors on a patent...what are the rights of these named inventors?

If a patent is assigned to three named inventors, does each inventor have the right to do what they please without approval or profit share to the other inventors?

A California LLC was in place but terminated in 2021 before being granted the patent. It was agreed upon that the patent would... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 24, 2023

Yes, that is correct: each of the inventors has a right to do with the patent rights as he pleases, without accounting or profit sharing with others.

In this case, though, you do have to be very careful that the rights were not actually assigned to the California LLC, and that if there was...
View More

View More Answers

3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Good morning, I would like to know if there is any chance to get contact information about a patent owner.

I have had an issue selling a product that it is supposed to be patented by "Mr. W.T."

Patent number: 7841848

Publication number: 20070034094

I would like to know if there is any chance to contact with the patent owner to negociate a possible solution for the issue... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 26, 2023

There is nothing to negotiate -- the patent is expired. The patent expired on 11/30/2018 due to non-payment of maintenance fee.

Feel free to use anything in the patent however you want.

Source:...
View More

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: I created the first public online forum focused on the maritime industry. It is hosted by "Discourse". Can i patent it?

Can i patent the fact that this is the first public online forum in the maritime industry, as well as its content?

The forum is built upon "Discourse", a forum software.

Peter D. Mlynek
Peter D. Mlynek
answered on Aug 8, 2023

No. You cannot patent it.

The reason that you cannot patent it is that you are simply doing what people have been doing since the mid/late 1980s. You are just applying it to a new area.

As an aside, I am not sure I understand the nature of your statement that it is the...
View More

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: can I file a New Use Patent if someone else has rights to the product?

I read this on this site under New Use Patents: a "second company" is awarded a new use patent.

Peter D. Mlynek
Peter D. Mlynek
answered on Jan 31, 2023

Yes, this is common. Inventor A gets a patent for an invention, and then inventor B files for an improvement to the invention. Inventor A cannot practice the improved version because inventor B has a patent on it, and Inventor A cannot practice either the original invention nor the improved... View More

1 Answer | Asked in Patents (Intellectual Property) for North Carolina on
Q: Are new drumstick holding technique, way to assemble hi hat, and drumming style patentable?

i have a different drum setup. i have combined hand drums with my drum set along with using my drumstick holding technique. my hi hat i combine unusal symbols along with at least one of them being inverted.

Peter D. Mlynek
Peter D. Mlynek
answered on Jan 31, 2023

Yes, I believe that it should be patentable.

What I like about our invention as far as patenting it goes, is that it is a combination of three parts: a holding technique, a way to assemble parts of the kit, and a drumming technique.

However, be prepared to face two very large...
View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: When is it safe to remake and market old patents and copyrights and what are some things to be aware of?
Peter D. Mlynek
Peter D. Mlynek
answered on Jan 31, 2023

When the term of the patent or the copyright expires.

The idea of a patent is a contract between an inventor and the public, as represented by the government. The inventor discloses the invention, which is valuable to the public, to the society, and gets something in return. The inventor...
View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Michigan on
Q: Intellectual property: I provided a product idea to a company. They stole the idea and used it to secure a patent.

...

Peter D. Mlynek
Peter D. Mlynek
answered on Jan 31, 2023

You may be out of luck.

Good companies listen to their customers. Often, a company is told of an idea by its customer, supplier, vendor, employee, etc., and the company develops the idea into an invention, which is then patented.

If you pitched your invention to company, then...
View More

View More Answers

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: What kinda of patent is best for a company as big and worldwide as bayer

I'm doing a paper about patents and i would like to know what kinda of patents did Bayer has in relation to is products

Peter D. Mlynek
Peter D. Mlynek
answered on Dec 17, 2023

I agree with James Arrasmith's advice, but jI'd like to add this: to see what patents Bayer has, go to https://ppubs.uspto.gov/pubwebapp/static/pages/ppubsbasic.html and type in Bayer ino the search bar, and select Assignee. Going through the titles of the patents will give you an idea... View More

View More Answers

3 Answers | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: CAN YOU PLEEEEEEEEASE TELL ME HOW TO OBTAIN A PATENT WITHOUT GETTING RIPPED OFF? PEOPLE GOT ME FOR 1200 BUCKS!

I JUST CAN'T LET THAT HAPPEN AGAIN SO I'VE BEEN HARBORING IDEAS FOR DECADES, SOME VERY NEEDED STUFF.

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 25, 2023

You can't.

Look, a patent is a business tool. A patent costs about as much as a pick up truck. It is typically a small part of a multi-million dollar set of assets of a company.

If you do not have money for a patent (tens of thousands of dollars), how are you going to have...
View More

View More Answers

3 Answers | Asked in Intellectual Property and Trademark on
Q: Hi I have a shop name is zuladesignstudio, sometimes Im using zula name as a short version. Is that ok about copyrights?
Peter D. Mlynek
Peter D. Mlynek
answered on Aug 8, 2023

If you want to protect your shop from others using either zuladesignstudio or zula, then you file for a registered trademark. You can either file it yourself or have a lawyer do it.

There is no copyright issue.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.