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Questions Answered by Peter D. Mlynek
1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: complexes of silver with citric acid can be patented in india

i had prepared silver complexes with citric acid and tartaric acid . Can it be patented in india. I had applied for patent it was given provisional patent but time expired

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

Well, you cannot patent silver citrate or silver tartrate, because both are well-known compositions.

In most countries, you may be able to patent some sort of a medicine that uses these compounds as the API, but it is going to be tough.

Unfortunately for you, the public policy...
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1 Answer | Asked in Copyright and Patents (Intellectual Property) for Illinois on
Q: I am writing a book of pet knowledge and after 50+ years of study i say that the Glofish in the pet shops are fake.

the fiction out there says they are .GMO and are both copyrighted and pattented. Can this be true of a fish?

mike

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

There are patents on Glofish. See for example, https://patents.google.com/patent/US8378169, which has expired.

Glofish is also trademarked. There are about 37 different trademarks "Glofish" or a variation thereof; I how many of those are associated with the fish.

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: if someone patents a device like the one used by Stephen hawking and another recreates the same type of devices

and hurts people with it. whom can you file suit with if they are trying to not get caught using it but you know they are using it. If we find out who funds it to bring about harm then they deserve a law suit coming their way.

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

If someone creates a device, and patents that device, then he can keep others from making, using, selling, or offering for sale of that device.

The patent owner can keep almost anyone from using it, whether it is for a good use of an evil use. The patent owner can say, hey, I am going to...
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2 Answers | Asked in Copyright and Patents (Intellectual Property) for Illinois on
Q: Can I sell items on Etsy made from patterns I found on Pinterest? What is law on licensed fabrics?

I have found a lot of conflicting info. Some saying that you can't copyright a pattern, and that final product is "your" work so you can sell.

Others saying that no you can't. Very confused!!

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

Yes, a fabric pattern can be copyrighted. Absolutely.

Can you make something very similar and not be in violation of copyright law? Yes, you should be able to. You really need to consult with an attorney on this.

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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: What are the different kinds of patents? I'm assuming there are design patents, functionality patents, process paten
Peter D. Mlynek
Peter D. Mlynek answered on Apr 13, 2020

The vast majority of patents are known as "utility patents." This means that they claims some sort of an invention that is useful and new. It could be a process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.

There are also two special...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: What are the different kinds of patents?

I'm assuming there are design patents, functionality patents, process paten

Peter D. Mlynek
Peter D. Mlynek answered on Apr 13, 2020

The vast majority of patents are known as "utility patents." This means that they claims some sort of an invention that is useful and new. It could be a process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.

There are also two...
Read more »

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3 Answers | Asked in Patents (Intellectual Property) for California on
Q: What are the estimated costs to file a patent?

For example, I have a Spray bottle I want to file a patent for, how much would it cost?

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

To prepare the patent application would be about $6K to $10K. USPTO fee are $785.

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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: If there was a patent on an already patented product, what would I need to change about that product?

For example, I sell a spray bottle, however, it already has a patent. change about that product so that I can't get claimed as violating a patent? Is it as simple as changing the type of plastic? Can I file a patent for part of a spray mechanism for that bottle?

Peter D. Mlynek
Peter D. Mlynek answered on Apr 13, 2020

If you know that there is a patent on a certain type of spray bottle that you want to sell, then you need to contact a patent attorney about it. Here is what the attorney will be able to do for you:

Firstly, the attorney will check if there really is a patent. The patent may have already...
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1 Answer | Asked in Patents (Intellectual Property) for Massachusetts on
Q: Hi, I would like to get a computer software patent. I would like to have an idea of the price and procedure. Thanks
Peter D. Mlynek
Peter D. Mlynek answered on Apr 7, 2020

The costs vary greatly, but generally to a patent costs about as much as a car: anywhere from about $10,000 to over $30,000.

The procedure is easy: go see a lawyer who specializes in computer software patents. He'll walk you through the process.

2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: Infringement of patent

I am launching my first product. However, my competitors have patents but I am thinking to change the design not function. Would my competitors' patents be infringed? Is it possible to get a patent for my product? Thank you!

Peter D. Mlynek
Peter D. Mlynek answered on Apr 7, 2020

Congratulations on your new business! And congratulations on thinking about patents so early in the game; there is nothing worse then sinking lots of money into a product, only to find out that it is already covered by someone else's patent.

Before you spend money on redesigning your...
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1 Answer | Asked in Patents (Intellectual Property) for Minnesota on
Q: Do the claims under this patent appear to be too abstract to justify validity?

I'm trying to determine if a new invention will pose risk for infringement. The claims under this patent seem very abstract in nature, thus preventing anyone from designing an application that retrieves general fishing related-data from users, processing it and then providing results based on... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Apr 4, 2020

You really need to contact a patent attorney to help you. The patent attorney should be able to tell you whether your company's product (or service) infringes of that patent or not.

If it looks like that your product infringes on the patent, then you have several options. You could...
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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: How do you file a patent?

If you have an item that you want to patent, what are the steps to get a patent, or where would you go to get a patent?

And can the patent include more than one person for the creation of the object?

Peter D. Mlynek
Peter D. Mlynek answered on Apr 4, 2020

To get a patent, you need to reach out to a patent attorney, and the patent attorney will take care of it for you.

If you do not know a patent attorney, reach out to any attorney that you know, and he will put you in touch with a patent attorney who should be able to help you.

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1 Answer | Asked in Patents (Intellectual Property) for Nevada on
Q: how much does a patent cost to file?
Peter D. Mlynek
Peter D. Mlynek answered on Apr 4, 2020

$785

You need to pay $785, when filing a regular patent application. The fees include filing fee, search fee and utility fee.

However, there are some discounts, and many additional surcharges, so depending on circumstances, the actual fee that you need to pay to the Patent Office...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Can I make my own "flexible" sole that can be used with multi-height heels, using a different mechanism?

US Patent for Sole part Patent (Patent # 9,980,533)

Peter D. Mlynek
Peter D. Mlynek answered on Apr 2, 2020

Yes, you can.

As long as you do not do what it says in the claims (literally or otherwise), you should be OK. You can take their idea of flexible sole, but just not what is in the claims.

1 Answer | Asked in Business Law, Civil Litigation and Patents (Intellectual Property) for California on
Q: Amgen control of patent. Sold rights to other companies. Still used. D. Fenton did nothing. Does Tallen have recourse?

I am sole inventor. Michael Tallen. Dennis Fenton did not come up with idea nor did any of the work. I was fresh out of school. He threatened me to get name on patent snd drove me out of Amgen. Today he is on Board of Directors of over 200 Biotech Companies worth $500M. Amgen got to markets... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Apr 2, 2020

I can't give you an exact answer to your question because I do not have all the information, but here is several points which you should consider.

(1) There is a difference between an ownership of a patent and an inventorship.

(2) An inventor is one who invented as least one...
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Q: Iv learned to draft a patent, my patent is beautiful, I may need an attorney to assist in litigation.

I am the inventor of web cam covers of which I have a provisional application. I'm looking for an attorney to assist in possible litigation, an attorney of whom will take a contingency case. This has already been proved I have a rock solid case. Davison or invention land tried stealing my idea... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Apr 2, 2020

Sorry, but there is very little chance of any attorney taking your case. For several reasons.

Firstly, just because you've filed a provisional application, does not mean that you have a patent. You need to file a regular application, prosecute it, and have the patent issue before you...
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Can I use patent drawings from other companies' active patents commercially?

Can I for example print patents drawings on t-shirts and sell them even though it's not my patents and they're still active?

From what I find online it's ok as long as the drawing doesn't have a copyright notice.

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

That's an excellent question. I've never thought of that.

But I think that if you copy the drawing from a utility patent, you should be OK. Why? Because patents are not copyrightable. You can copy words and figures from a patent (like every patent attorney alive has done),...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: I wish to patent a simple bandage that is not at all simple in its utility.
Peter D. Mlynek
Peter D. Mlynek answered on Mar 18, 2020

Generally, the simpler something is, the harder it is to patent.

If it is a simple bandage that is similar in most ways to existing bandages but the way that you use it is different, then it will be difficult to get a patent on it.

But if the bandage is somehow different, such as...
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2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Looking to know if I violated a patent

I want to start a distribution of a product I manufacture out of the states and need to know if I dont violated some patents I found online that belong to a similar company such as mine

Peter D. Mlynek
Peter D. Mlynek answered on Feb 25, 2020

You are going to have to hire a patent attorney to tell you this.

You are looking for a patent attorney to provide you with a Non-infringement Opinion (if you have a specific patent(s) that you are concerned about), or a Freedom to Operate Opinion (if you want to make sure that there are...
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1 Answer | Asked in Education Law, Intellectual Property and Patents (Intellectual Property) on
Q: What is the process and what are the costs of getting a patent filed?Purpose: protection of a new educational process
Peter D. Mlynek
Peter D. Mlynek answered on Feb 12, 2020

The process of getting a patent is straight forward: a patent attorney drafts a patent application based on what information you have provided (1 to 3 weeks of calendar time), then, over the next few years there are negotiations between your patent attorney and the patent office ("patent... Read more »

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