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Questions Answered by Peter D. Mlynek
2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Need to provisional patent on a device for vision screening. How Do I file a provisionanl patent to build the POC?

The device is not been made yet. I need to file a patent right away. Is there a patent type that is relatively cheap so we can protect our intellectual property until we build a POC?

Peter D. Mlynek
Peter D. Mlynek
answered on Nov 11, 2024

A couple of points:

(1) Congratulations on worrying about patenting your device. Way too many people build the product, sell it, and then seek to get a patent, only to be told that it is too late.

(2) However, there is such a thing as trying to file a patent application too early....
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3 Answers | Asked in Patents (Intellectual Property) for Arizona on
Q: Can I file and receive a patent without retaining a lawyer? What would doing so entail ? How would I do this?

Just to tell you: I am no longer employed due to brain and spinal damage from being run over by a truck in 2018. (60% blind, memory damage, constant pain in back and legs, using a walker wherever I go, lethargy from the pain, insomnia)

I am curious about doing this as a hobby activity. I... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Oct 8, 2024

Sure, you can file a patent application, and there are plenty of help out there for pro se inventors. One of the best books on how to do this is "Patent It Yourself" by David Pressman from NOLO Press.

However, it is not easy to write a patent application, and it is even harder...
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2 Answers | Asked in Patents (Intellectual Property) for Connecticut on
Q: Why are patents sold to companies who hate them and have no intention of sharing them with humanity?
Peter D. Mlynek
Peter D. Mlynek
answered on Aug 28, 2024

That is a very good question. Patent lawyers may have their own views on answering this question, but this is a question about public policy, which may be answered by an economist or a knowledgeable policy expert.

Here a few of my thoughts to answer your question.

- Companies...
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2 Answers | 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...
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3 Answers | 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...
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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...
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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...
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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...
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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...
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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...
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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...
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2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: 12 in 1 Quick Load Ratcheting Screwdriver by Husky - Can you please check if this specific product has an active patent?
Peter D. Mlynek
Peter D. Mlynek
answered on Aug 28, 2024

Take a look at the package. There should be some information on it about patents. Or there should be a website, shick would have that information.

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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

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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...
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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...
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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...
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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...
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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:...
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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.

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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...
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