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Questions Answered by Peter D. Mlynek
2 Answers | Asked in Business Law and Patents (Intellectual Property) for Michigan on
Q: If a product has a similar purpose as another BUT it is a different design and material is a patent infringement?

My mother sews and saw a product a few years back that was neat - She thought it would work better with a different design and material - however it serves the same purpose - the other company that has a patent-pending on it contacted us today and I was curious where we can find the exact info on... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Jun 17, 2021

It is hard to say without specifics, but if there is an activity like sewing that has been around for thousands of years, and a company comes up with a new product to help workers perform the activity better, the company will likely patent the product, as well as a method of using that product.... Read more »

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2 Answers | Asked in Contracts, Copyright and Patents (Intellectual Property) on
Q: Hello I am very intrested in knowing what procedures I must undertake in order to have/ buy the patent of build a bear?

Since I am thinking in investing in my country Albania?

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

If you want to operate a Built-A-Bear franchise in Albania, you need to contact the Build-A-Bear company. Typically, a franchisee in this type of retail establishment will be required by the company to invest heavily into the franchise. The company will in turn provide assistance in starting and... Read more »

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1 Answer | Asked in Copyright and Patents (Intellectual Property) on
Q: How do I get info from Snow Joe even with a NDA ?

I have an iON8024-xrp(HomeDepot 11/25/'19) from SJ and because their batterys only lasts 30mins I installed a lager capacity battery(6ah to 40ah) and it will not run because of the battery ID. I have sent them an NDA explaining that I have done it to ONLY have it run longer, and I am NOT... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Jun 13, 2021

Dear Rob, I am sorry that you have to deal with this. Unfortunately, they are not likely to respond to you.

As far as the legal view goes, there is really not much that you can do. You can't force them to disclose their proprietary information. There is no upside for them to give you...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: May I claim this patent since is appears to be out of date? My ex-husband is no longer interested in owning it.

Patent # 5133501 Adjustable Sprinkler Riser. I helped him develop it and created the prototype. He got the patent in his name. He is no longer interested in it . I would like to renew the patent in my own name, please.

Thank you.

Peter D. Mlynek
Peter D. Mlynek answered on Jun 13, 2021

Sorry, but that patent is long gone.

Your husband failed to pay the 3rd maintenance fee, so it expired in July 2004. Even if he would have paid it, it would be expired about 11 years ago.

1 Answer | Asked in Patents (Intellectual Property) for Oregon on
Q: Can I patent a primality test?

I created a faster primality proving equation. Can I patent it?

Peter D. Mlynek
Peter D. Mlynek answered on Jun 12, 2021

No.

You cannot patent mathematical concepts. But you can patent a machine that relies on your particular primality test, or related products or methods.

2 Answers | Asked in Patents (Intellectual Property) on
Q: Is it an infringement on this patent to use ridges for a similar product?

We are designing a high heel that transforms into a flat and we use ridges in our design to help the flat shoe bend at two points to transform into a high heel. Though this is not the main design used to transform the high heel to a flat shoe in this patent, their shoe uses ridges as well to help... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Jun 12, 2021

I love answering questions here, but this is really something that you need to have a patent attorney take a look at.

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4 Answers | Asked in Patents (Intellectual Property) for New York on
Q: How does one get an ideas manufactured,,I have an idea but not sure where to go from here.
Peter D. Mlynek
Peter D. Mlynek answered on Jun 6, 2021

You need to find a manufacturer that will make what you need.

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2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: What is actually patented on D906,015 Looks like a basic towel with small eyelet holes?

Looks like a basic towel to me

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

Yes, it can be as simple as that. However, those are not eyelet holes, meaning that those holes have any function except for an ornamental function. These holes are not designed to hold a drawstring or whatever.

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1 Answer | Asked in Patents (Intellectual Property) for Georgia on
Q: Can I still make and sell food products if the technology to make the product is patented?

I am interested in making a chip (snack food) that is pressure popped but I believe the technology is patented. I found a manufacturer abroad for the machinery I would require.

The patent states: "The present innovations generally relate to the manufacture of food products, and more... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on May 25, 2021

This is a very common question. A couple of points:

(1) What the patent covers and does not cover is defined by the claims. Those are the numbered paragraphs at the end of the patent.

The paragraph that you've copied sounds like it was under the heading Field of Invention,...
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1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Q: How do I contact this individual about purchasing the patent being it’s expired
Peter D. Mlynek
Peter D. Mlynek answered on May 25, 2021

The good news is that if the patent is really expired, then you do not need to purchase the patent. Any that is in the patent is free for anyone to use for any purpose.

That is actually the whole idea behind patents: after the patent expires, anyone can use it.

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Do you know where I can find the material for patent bar ?

Do you recommend any particular company to attend for preparation of patent bar ?

Peter D. Mlynek
Peter D. Mlynek answered on May 21, 2021

Firstly, you need to find out if you qualify to sit for the patent bar. Do you at least a BS from some hard-core science or engineering? You need to take a look through the USPTO website, which will guide you through the process.

But to answer your question, there are a number of courses...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: I just passed the California bar exam. I work as a chemical/ petroleum engineer and looking for a part time job in

In intellectual property ( patent and trade mark ) . I am looking for a mentorship. please let me know if you know an attorney who is interested to offer me a job or internship or metorship.

Thank you in advance .

Naz.

Peter D. Mlynek
Peter D. Mlynek answered on May 21, 2021

Congratulations on passing a state bar, Naz!

Although I can't offer you a job right now, here are a couple of points:

(1) You need to decide if you want to go into patent prosecution or patent litigation. Those are two separate practices. Although there are attorneys who...
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2 Answers | Asked in Copyright and Patents (Intellectual Property) on
Q: Can a new type of bank account be patented by an individual?
Peter D. Mlynek
Peter D. Mlynek answered on May 25, 2021

Well, theoretically after the State Street decision such a patent should be possible. However, for several reasons, it will be difficult.

The biggest concern that I'd worry about in your position is what are you going to do with the patent after you get it? Do you have a bank? You...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: Are there any patent documents for the Outside Micrometer with Extension Anvil Collar?
Peter D. Mlynek
Peter D. Mlynek answered on May 12, 2021

There likely are some patents on this. The easiest way to determine this is to obtain one of these micrometers and look for a patent mark. Alternatively, you may want to discuss your question fully with a patent attorney to get you the advise that you require.

1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: What's the average price to apply for a utility patent?
Peter D. Mlynek
Peter D. Mlynek answered on May 11, 2021

The price for drafting and filing a utility patent varies widely, but about $7,000 to $12,000 seems like a good ball park figure.

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: How do I find out if a product is patented or not?

A manufacturer has more than 1800 active patents. The manufacturer produces more than 6000 products. How can I find out if they are patented for a particular item which I want to buy aftermarket brand?

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

You should look for a patent marking on the product or packaging that the product comes in. Although there is no legal requirement to put patent marking on products, a manufacturer that has so many patents would typically mark the product in order to take advantage of the notice requirement.... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: Why do the computer software related patents have 3 groups similar claims? For example: US9311057B2

Is it always good to claim 3 aspects in computer software related patent?

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

You have good observation skills.

An applicant can have has as many claims in the patent application as is desired. I've seen patents and patent applications with just one or two claims, but I've also seen patents with hundreds of claims. Typically, a patent has one or more...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: Does Hartwall have a patent for the striped design of their cans?

Hartwall Long Drink designs

Peter D. Mlynek
Peter D. Mlynek answered on May 2, 2021

I do not know, but it is almost guaranteed that any company that supplies its products around the globe would have some sort of a protection on its products. Please do not copy it for your line of beverages without checking with your intellectual property attorney.

1 Answer | Asked in Business Law, Copyright and Patents (Intellectual Property) for Tennessee on
Q: Have an e-commerce c2c idea. Is it possible to patent the “idea”? Think poshmark but for a niche not out there yet.
Peter D. Mlynek
Peter D. Mlynek answered on Apr 30, 2021

Sorry, but you cannot patent a mere idea. You need to have an actual invention.

Once you do have the invention (see your patent attorney what the difference between an invention and a mere idea is), then you need to figure out how you are going to make money on it. That is the hard part.

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: I have owned a nonprofit organization since 2007 and I recently found a way to create a Digital 3D Business Cards.

Now my nonprofit organization I've owned since 2007 the name of it is Hurley paranormal out of West Texas and her leaving my last name as a trademark but with these new business cards made 3D and digital is there anyway I can get a patent on that or is they already done this

Peter D. Mlynek
Peter D. Mlynek answered on Apr 26, 2021

Yes, if it your digital 3D business cards are novel and non-obvious then you should be able to get a patent on it.

If you have not disclosed your invention publicly before you apply for a patent, then you should be able to get a patent anywhere in the world. If you have disclosed it but...
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