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Questions Answered by Peter D. Mlynek
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.

2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Is there such a thing as the USPTO Hiding an Approved Patent number from the public for any reason? Is it even legal?

Someone is telling me they had the Patent office hide the Patent number for strategic reasons. And are only showing an approval for the application in lieu of the fact that the so called invention is possibly patentable. Makes no sense to me! Why would one hide a the patent number of an approved... Read more »

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

You are correct.

Generally, all patents and patent applications are available to the public 18 months after the filing of the application. Keeping a patent as a secret defeats the entire idea behind the patent system.

However, patent applications that have deal with national...
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1 Answer | Asked in Copyright and Patents (Intellectual Property) on
Q: Does this mean that patent is not active in Europe?

They have several patents, as I understand. In their web-page it is said that it is also in Europe, but I can not find a patent for Europe. I would like to start a small business in Latvia, with a product similar to that.

Peter D. Mlynek
Peter D. Mlynek answered on May 15, 2020

Typically, a patent in most European countries is obtained one of two approaches: under one approach, the applicant applies to the country's patent office which then examines that the application complies with the country's patent laws. Under another approach, the applicant applies for a... Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: If a patent is filed in 2015,Published in 2017, how do i see if the patent is still active ? it only shows application

I am looking over an idea i have and see there is a patent similar to mine but it is showing Only an application number. The application number is dated from 2017.How do i know if i can go ahead and file my idea for patent without it encroaching on the current application number? Is there a time... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on May 14, 2020

To see if a patent has been granted on a published application that you know of, there are two common ways of checking: (1) you can search the patent database for that patent application, by the publication number, patent application number, inventor names, etc.; or (2) you can look at the... Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: If a patent is filed in 2015,Published in 2017, how do i see if the patent is still active ? it only shows application

I am looking over an idea i have and see there is a patent similar to mine but it is showing Only an application number. The application number is dated from 2017.How do i know if i can go ahead and file my idea for patent without it encroaching on the current application number? Is there a time... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on May 14, 2020

To see if a patent has been granted on a published application that you know of, there are two common ways of checking: (1) you can search the patent database for that patent application, by the publication number, patent application number, inventor names, etc.; or (2) you can look at the... Read more »

2 Answers | Asked in Patents (Intellectual Property) for West Virginia on
Q: Can a person make a canvas bag with two loops for handles and not infringe on the patent

Plain canvas material with two nylon handles

Peter D. Mlynek
Peter D. Mlynek answered on May 11, 2020

Yes, of course.

People have been making canvas bags with two loops for handles for generations.

However, not every canvas bag with two nylon loops will be clear infringement of all patents. There certainly may be some canvas bag with nylon loops that is somehow different enough...
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3 Answers | Asked in Patents (Intellectual Property) for Arizona on
Q: Isn't it a conflict of interest for this man to have patents for infectious disease drugs for things such as HIV???
Peter D. Mlynek
Peter D. Mlynek answered on May 7, 2020

Your question is a very common one. How is it that we, as a society, allow an individual or a company to own a patent on a medicine that could be used to save human lives? Is it morally right to let an individual or company prevent other companies from treating patients with the patented... Read more »

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Q: I have a product i want to make my own and start production and sales and i wanna know all my options

There can also be other variantions of it made and i want that too all different sizes and shapes but it the same product

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

Congratulations on your new venture. I hope that it will be profitable for you.

And also congratulations about worrying about patents now, before you start the production and sales. Too many people ignore patents, spend lots of money on designs, tooling up, and manufacturing their...
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2 Answers | Asked in Patents (Intellectual Property) for Ohio on
Q: Can I make a patent on putting stevia in chocolate
Peter D. Mlynek
Peter D. Mlynek answered on May 4, 2020

Yes, this is the type of an invention that you could get a patent on.

The problem is that it is not easy to get a patent on new compositions made from known ingredients. The reason for not being able to get a patent is usually because someone has already made that composition, or because...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: I am seeking some further clarification on developing a golf addition to corn hole (bag toss/ tailgate game). There is

There is a company out there already producing the game. However, cutting 3 holes in a piece of wood and using a sand wedge to hit balls in the holes is not reinventing the wheel. If I were to produce a similar game for sale to the already existing golf corn hole game "chippo" would I be... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on May 1, 2020

This is a pretty specific legal question that you will need to actually hire a patent attorney. Sorry.

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Patent number: 10221618 There is already a patent in place for my idea. How do I apply to use someone elses Patent.

Patent number: 10221618 Baby's Gate by Guard me

Peter D. Mlynek
Peter D. Mlynek answered on May 1, 2020

You would license the patent from the patent owner. The patent owner may or may not let you license it.

One alternative to licensing the patent is to see if your product indeed infringes the patent in question.

Q: The brief summary of my issue and the related question is contained herein.

I am in the process of establishing a partnership with another company. A new company was to be formed in which the two services (software) would be combined to create one company/service. The other party signed an NDA, I then sent a proposal suggesting the merger or creation of a new company. I... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on May 1, 2020

The question of obviating disintermediation is a common one. The answer is yes, you are able to protect yourself.

It looks like you (Company "A") are paying them (Company "B") to work on your product for which you are paying them. I assume that B is providing A some...
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3 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Hi! Where I can found good Lawyer for patent in Florida?
Peter D. Mlynek
Peter D. Mlynek answered on May 1, 2020

The best way of finding a patent attorney, any patent attorney, is to ask for a referral from an attorney that you already have a relationship with. Your attorney will likely be able to recommend an attorney who is a good match. However, your attorney may not really know a patent attorney who is... Read more »

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1 Answer | Asked in Patents (Intellectual Property) on
Q: Why are patents who list my father, Dr. Ray C Christena, as the inventor listed on your website?

I have the patent for 3,637,563 - now expired. Is there any financial gain possible for heirs?

Peter D. Mlynek
Peter D. Mlynek answered on Apr 22, 2020

I don't speak for Justia, but anyone can list any patent on any website. Patents are not copyrighted, and are in public domain.

With regards to the second question, there is no financial gain from an expired patent. Attempts to enforce expired patent is illegal.

Even if...
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