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Questions Answered by Peter D. Mlynek
1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: HI. an item what its a public design can be patent if im just making it glow in the dark?

let say if im taking a frame for glasses what it is a public design and im making it glow in the dark can i put a patent?

Peter D. Mlynek
Peter D. Mlynek answered on Jun 21, 2019

Sorry, but no. You will likely not be able to patent glow in the dark glasses, just by taking glasses and putting a glow in the dark paint on them. Putting a glow in the dark tape or paint on things to make those things glow in the dark pretty obvious; that is the whole point of having glow in... Read more »

2 Answers | Asked in Copyright and Patents (Intellectual Property) for Georgia on
Q: Patent # 9,488,903 how do I know what I need to avoid replicating to reproduce a product similar to such stated in this
Peter D. Mlynek
Peter D. Mlynek answered on Jun 19, 2019

Well, you are going to have to hire a patent attorney to give you an idea if what you want to do infringes or does not infringe on that patent. The patent attorney should also be able to let you know how to do what you want to do without infringing on the patent.

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1 Answer | Asked in Patents (Intellectual Property) on
Q: Hello, Hyperice filled a patent on 27 of november, but the same products where already on the market in China for other

Hyperice filled a patent for a product which was on the market in China already for quite some time how is it possible that hyper ice gets a patent on an existing product?

Peter D. Mlynek
Peter D. Mlynek answered on Jun 17, 2019

Well, if one filled a for a patent on a product that is already being sold anywhere in the world, then generally one cannot get a patent on it.

However, many times the patent is for improvement for that product. The improvement must be not obvious over the existing product, but it may be...
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2 Answers | Asked in Patents (Intellectual Property) for Illinois on
Q: If I have a one of a kind bath toy manufactured will it be hard to obtain a patent
Peter D. Mlynek
Peter D. Mlynek answered on Jun 17, 2019

Whether it will be hard or easy to obtain a patent on a one of a kind bath toy will depend on how new it is. If the bath toy has some insignificant modifications from other bath toys, or is just a combination of other bath toys, then it will be difficult to get a patent.

You should seek...
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2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: Accidentally similar composition to this tablecloth patent, but different category, is this okay?

I am in the process of making washable coloring poster, accidentally similar composition to this tablecloth patent. I am using 100% polyester fabric (instead of a blend like this tablecloth), and the same Polyurethane backing - will this violate the patent?

Purpose is very similar, but... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Jun 17, 2019

You do not provide us with enough information to provide you with guidance. But I've done plenty of similar patents (I've worked in polyurethane industry for years), so I may have a few pointers based on what is typically done in the industry.

The bad news for you is that if the patent...
Read more »

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2 Answers | Asked in Patents (Intellectual Property) on
Q: pharmaceutical or medicinal

I'm sorry if this question is a stupid one... I just started my job as a patent researcher without solid legal background

Is there any difference between pharmaceutical composition and medicinal composition? I see that the word pharmaceutical is used more often, but legally speaking, does... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Jun 12, 2019

Welcome to patent law! You do not need to have a solid legal background to be a searcher; just be very good in your science. A couple of notes about your question:

(1) There is no generally accepted definition of either "pharmaceutical composition" or "medicinal composition" in patent...
Read more »

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2 Answers | Asked in Patents (Intellectual Property) for Washington on
Q: Tracking patent application after changing jobs

Hi,

My employer had filed a patent in 2017, where I was one of the two inventors. I understand the ownership of IP is with company, but I want to find out how do i even track the patent application status. The application was filed in 2017 and I believe it would have been through private... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on May 31, 2019

It should have been published by now. Patent applications are generally published 18 months after submission of the application, but in some cases, the applicant can ask that the application not be published.

Because sometimes Google patents and other services are months behind, you need...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Can I register one patent in a non USA country and export or re-register the same patent in USA?

The patent was co-developed by a non-US person and a USA person. It was developed for a USA company but in a NON-US branch office.

Peter D. Mlynek
Peter D. Mlynek answered on May 31, 2019

Yes. You can:

(a) file a patent application in the US, and then file a foreign application in the foreign country based on the US application; or

(b) file a patent application in the foreign country first, and then file a US patent application based on the foreign country...
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: I have an idea of an event I want to be holding in a cause of promoting my cafe I feel is unique can I patent?

This event involves me using unconventional things and concept in my cafe business

Peter D. Mlynek
Peter D. Mlynek answered on May 28, 2019

I think that you need to speak with an intellectual property attorney to figure out what you can protect, and how are you going to make money on it.

Sure, a patent attorney may get you a patent for a method of promoting a cafe or whatever you want, but after spending $20K to $30K and 3 to...
Read more »

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2 Answers | Asked in Patents (Intellectual Property) and Products Liability for Maine on
Q: I created a device and would like to know if I should patent it or if i can be sued if someone gets hurt.

I created a home made passenger backrest for my motorcycle. I posted a picture on a group of people that all own the same model motorcycle. Several people want more detailed pictures and information on how I made it so they can copy mine. I'm concerned someone could take my design and sell it or if... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on May 25, 2019

Whether you should patent it or not is a question of your business model and business plan. A patent is a business tool, costing you about 20K to 30K. If you think that you are going to be generating more than a few hundred thousands of dollars per year from the sales of your backrest, then you... Read more »

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1 Answer | Asked in Business Law and Patents (Intellectual Property) on
Q: How come SO many companies (big and small)/people are still selling Scrunchies, even though they are patented!

Are they selling at their own risk? I just started an e-commerce business. I was looking into selling them. But I’m thinking the chances they’ll go after me is slim since there are so many other companies that are doing really well with this item. I did add a bow to mine if that makes a... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on May 23, 2019

If you are selling the types of scrunchies that were popular in the 1980s and 1990s, then you are OK. You can copy pretty much anything from the 1980s and 1990s, or earlier, because all those patents have expired.

If you want to copy some more recent ones, then you should really hire a...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: Am I reading this Correctly! Are scrunchies patented!?
Peter D. Mlynek
Peter D. Mlynek answered on May 22, 2019

Yes, scrunchies, i.e., elastic hair holders, were patented. Not only was scrunchie patented, but there was also lots of litigation around it. For some juicy reading, see, for example, https://observer.com/1999/04/lawyer-scunci-queen-tangle-over-legal-fees/

And, yes, variations of...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: how to connect with autors of this patent?
Peter D. Mlynek
Peter D. Mlynek answered on May 22, 2019

I agree with Mr. Flynn. What patent are you talking about?

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2 Answers | Asked in Patents (Intellectual Property) for New Jersey on
Q: Hi, I’m doing research for a biology project and I need to know the patent number of Naturgard Maximizer corn?

I believe that Syngenta holds the patent.

Peter D. Mlynek
Peter D. Mlynek answered on May 22, 2019

US 6,720,488

https://patentimages.storage.googleapis.com/3c/ec/ac/22aacd8f59ed43/US6720488.pdf

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2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: I'm in the early stages of developing a board game and have a prototype done that I am ready to playtest.

I plan on bringing it to GenCon in August, but I am concerned someone may use my mechanics and concept for their game. I'm also not sure whether to patent the game, copyright, trademark or start a DBA. What would be the next step?

Peter D. Mlynek
Peter D. Mlynek answered on May 19, 2019

Boardgames have traditionally been protected by copyrights and by trademarks.

This is good news for you, because it looks like the protection is going to be relatively cheap.

Good luck in Indianapolis!

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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Could anybody help me to verify that when this patent US 6,241,739 B1 will expire or is this already expired..??
Peter D. Mlynek
Peter D. Mlynek answered on May 18, 2019

I agree with Mr. Flynn -- 6,241,739 will likely expire this November.

(I say _likely_, because one really needs to dig into the case to make sure. You'll have to hire a lawyer to verify the date to the level that you could risk your business. Sorry. )

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1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: Can my patent number 6,331,024 be revived because of missed payment on my final maintenance fee? William F. Gulley

Because of my work requiring me to travel and numerous floods in my home town at the time I forgot to pay the final maintenance fee and therefore the patent expired. Although I beleive the time limit has expired are will expire soon anyway I would like to revive it and also have questions about... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on May 16, 2019

It looks like your patent claims priority to 1997, and was issued in 2001, so it would have expired by now anyway.

If you are looking to protect your improvements to your previous invention, you are going to have to file a new patent anyway. The expiration of the 6,331,024 patent, or...
Read more »

1 Answer | Asked in Patents (Intellectual Property) for Louisiana on
Q: Are there any patents for nitinol diamond expanding fabric for human locomotion? Also 3D nitinol diamond mesh.

The idea works similar to the expanding stent in that it uses the expansion and compression properties of a similar geometry to pull and contract muscles through epidermal stimuli

Peter D. Mlynek
Peter D. Mlynek answered on May 13, 2019

This is a very good question, which will take time to research and answer. You are going to have to hire a patent attorney to answer it.

However, what I can tell you, is that if the fabric and the mesh are in commerce used as medical devices, then there is an excellent chance that they are...
Read more »

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Washington on
Q: Do you know anything about these pattends ? Where are the loop holes or?

Im looking to start my own company in trip hazard removal but it seems they have pattebded alot of things on it what exactly are there pattends for and what do they mean in other words what do i follow so i dont use any of there pattends

Peter D. Mlynek
Peter D. Mlynek answered on May 11, 2019

There are no easy answers to your question. You need to hire a patent attorney to guide you through this.

2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: How can I sale a patented product ?

Hello , I have recently made incursions towards making a brand out of a specific product and discovered that is patent protected . Us 8,246,496 ; 8,579,737 these are the patents , now my question is , how can I sell them . Is it enough if I modify something in the product or do I need approval fron... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on May 4, 2019

You are going to have to hire an attorney to help you with this. Especially if you received a cease and desist letter.

You should also note that there are 4 other patents in this family (specifically, 9,162,127; 9,463,367; 9,480,894; and 9,999,816) that might be relevant to you....
Read more »

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