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Questions Answered by Peter D. Mlynek
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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Q: "fair use" Example: I make a cake to sell and hand draw an NFL logo on it. Can I post a picture on instagram?

I am trying to understand fair use and social media. If I were to make an edible product and hand create in icing an image of a trademark such as an NFL logo, video game character, or other trademarked image can I put the image of my final product on instagram? I am not selling the exact edible... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Oct 6, 2021

No. You shouldn't do that. It would be difficult to argue that what you are describing is fair use.

Some people selling trademarked products do not get caught, say, when they sell their products at a neighborhood picnic, but NFL has lots of people making sure that their trademarks...
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1 Answer | Asked in Gaming and Patents (Intellectual Property) for California on
Q: How do I patent a sports gambling game? Also should I patent the game or the app?

I want to use my game in an app so do i patent the game or the app?

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

It may be easier to patent the app, you'd likely want to get intellectual property rights to both the app and the game.

You really need to hire a patent attorney to go over the specifics with you.

1 Answer | Asked in Patents (Intellectual Property) on
Q: who hold the patent on polymer soluplus
Peter D. Mlynek
Peter D. Mlynek answered on Sep 21, 2021

BASF is the trademark holder for the mark Soluplus, thus BASF most likely has patent rights to the polymer as well.

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Is this patent (10699605) only for the US or Europe too? I was thinking of using a similar idea regarding messages.

I was thinking of building something similar to vestaboard, inspired by pop culture: Sending messages through a board where flaps spin around an axis and stop at the correct moment to show the character. Will I be able to sell it in Europe?

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

US patent 10,699,605, like all US patents, is good only in the US. It is not enforceable in Europe.

The good news is that there does not appear to be an equivalent European patent or patent application. Vestaboard, for whatever reason, did not file this patent in Europe.

Of...
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2 Answers | Asked in Patents (Intellectual Property) for Arizona on
Q: Is there a way to use a patented product for my business without it being illegal?

I am looking to create a startup company, but there is a product that is patented and there seems to be no way around it. I am looking into ways to improve what is already out there or even use the product with my own twist in a legal fashion. The product patent is for dissolvable edible pods which... Read more »

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

You are going to have to get a patent attorney on board with this.

The good news is that you know about this patent, and can take steps now, before you've invested lots of money into production, marketing, and distribution.

All is not lost, though. Typically, the claims are...
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1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: I designed and made a luggage rack for motorcycles, that has tracks to accept Milwaukee Packout. Am I violating patents?

I hope to market and patent my design, but I’m unsure of my legal justifications (patents)

Peter D. Mlynek
Peter D. Mlynek answered on Jul 28, 2021

Unfortunately, no patent attorney can give you an answer (or even a guess) without doing the necessary searches and other legal work. Sorry, but you will need to reach out to a patent attorney.

You will need some sort of legal opinion. You have two broad options. Firstly, you can get a...
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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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