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Questions Answered by Peter D. Mlynek
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my patents are out of date .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 »

3 Answers | Asked in Patents (Intellectual Property) for California on
Q: My husband is deceased and is a co-holder of patent US7837472B1. As his widow have I any rights under this patent?

The widow of another co-inventor has had her name added to the list of inventors. Can I do this?

Peter D. Mlynek
Peter D. Mlynek answered on Jun 19, 2020

I am sorry for your loss.

To answer your question, no, you do not have any rights to this patent. The reason is that all of the inventors, Timothy F. Elsmore, Dennis L. Reeves, Kathryn P. Winter, and Karl E. Friedl have assigned the rights in their invention to the United States Army...
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2 Answers | Asked in Patents (Intellectual Property) for Tennessee on
Q: Is universal language translator patented?

I meant to say, is Voice language translator patented. If not I want to patent it.

Peter D. Mlynek
Peter D. Mlynek answered on Jun 17, 2020

There are plenty of patents on translators, some of which may be considered universal. So, yeah, they are out there.

However, your universal translator that you construct may work in a totally different way, so you may be able to patent it.

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3 Answers | Asked in Copyright and Patents (Intellectual Property) for Michigan on
Q: Can I patent a formula for a hair product I’m creating for a celebrity?

I currently create a hair product for a celebrity that I created and cook in my kitchen. I package it and send it and she applies her label to it. Can I patent the formula just in case she wants to buy it, how do I know how to price the formula? She has ingredients, not the specific formula... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Jun 9, 2020

Yes, you could get a patent on a formulation of a hair product. As a matter of fact, I have written several of them for clients.

But I have to warn you: it is not easy. It is not easy to get a patent on a new mixture of known ingredients, as you seem to be doing. Firstly, it is likely...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Does a provisional patent application for a lotion require a specification drawing? If so what would it contain?
Peter D. Mlynek
Peter D. Mlynek answered on Jun 7, 2020

In order to claim benefit from the patent application, the claims must be supported by the disclosure in the provisional application. If you need drawings, then the drawing should be in the provisional.

Now, an application to a chemical composition, such as a lotion, do not generally need...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: How does this patent influence our business? (US10610794B1)

https://www.amazon.com/Jasonwell-Sprinkle-Sprinkler-Toddlers-Children/dp/B07LG9CGF1

Peter D. Mlynek
Peter D. Mlynek answered on Jun 5, 2020

I've looked over the patent and the Jasonwell Play Mat, and am available to discuss it. Please reach out to me.

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Is a new product design consisting of several existing products that are fastened together patentable?

Thank you for your answer, Peter. The intend is to combine several existing products in order to create a single product for a completely different purpose. If I understand you correctly, it will likely be a patentable product in which case I will seek a further consultation with a patent attorney.... Read more »

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

Generally, no. Combining several products according to known methods to yield predictable results is not patentable.

But, if your new product is better then would be just a combination of existing products, then the new product may be patentable.

2 Answers | Asked in Patents (Intellectual Property) for Louisiana on
Q: How do I get the drawings referenced in this patent? 7128679
Peter D. Mlynek
Peter D. Mlynek answered on May 28, 2020

Try: https://pdfpiw.uspto.gov/.piw?PageNum=0&docid=07128679

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1 Answer | Asked in Patents (Intellectual Property) for Connecticut on
Q: Filing For A Patent

How To Do It , Money And Selling The Patent .

Peter D. Mlynek
Peter D. Mlynek answered on May 26, 2020

How to do it: you need to hire a patent attorney. The patent attorney will need to know about your business model, your product's PLC, your geographical scope of operations, and something about your product that you want to get a patent on.

Generally, you do not sell a patent; you...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Can J-1 visa apply gene signature for cancer prognostic in U.S. ?
Peter D. Mlynek
Peter D. Mlynek answered on May 24, 2020

The visa status is immaterial for patent applications. A person of any nationality or citizenship can apply for a patent.

3 Answers | Asked in Copyright and Patents (Intellectual Property) for New Jersey on
Q: Where can I get a patent attorney?

I have students working on my product for their capstone project. It does not have copywriters yet. Do I need an attorney? Where can I find an affordable one in Cherry Hill NJ?

Peter D. Mlynek
Peter D. Mlynek answered on May 23, 2020

I am located a few mile from Cherry Hill. And yes, I am affordable. Give me a call if you wish to talk.

With regards to if you need a patent attorney or not: it really depends on your business model. A patent is simply a business tool, just like a production line, or a computer system, or...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: Regarding patent 9369170: What exactly is there a patent for here?

Covering cameras using a slide mechanism is obviously nothing new. How specific or non-specific is this patent? Does the patent refer to covering both cameras in one single slide while simultaneously leaving space for the proximity sensors? Or is it just for this very specific mechanism for the... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on May 20, 2020

If you are looking to manufacture or sell a cell phone cover which is in some ways similar to that in figures 1 to 10, and you want to make sure that you do not infringe on the patent, then you should talk to a patent attorney.

The danger that you are running into is that claims of a...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: So this guy was granted a patent for a 2 cylinder engine design. decided on a different design under the same patent?

I finally found the patent number he claims is for the current model which is a completely different configuration but using a modified version of the original patent. He claims that makes the current design patented also. I disagree! I think he got a crooked patent attorney to trick the system... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on May 19, 2020

I don't think that we are able to guess whether the patent covers the improved engine or not, based on the description alone. A couple of notes:

(1) It is very common that a company comes up with an invention, gets a patent for it, and keeps improving the product. The question...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Someone is claiming that they don't have to share patent number due to extension of submission period..

I'm trying to get the alleged inventor to share the patent number of the invention they claim has had a patent granted to it already.

Their story is they built a prototype of a different form, got it patented which was a few years ago, (can't dig up the patent number for that via... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on May 17, 2020

None of this makes sense. I think that your friend is pulling your leg.

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