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Questions Answered by Peter D. Mlynek
1 Answer | Asked in Patents (Intellectual Property) on
Q: Can you object against a patent? And where is is valid geographically?
Peter D. Mlynek
Peter D. Mlynek
answered on Feb 6, 2022

It is typically much easier to fight a patent application before the patent issues than fight against a patent. And yes, after America Invents Act, it is now easier to fight patent applications and patents than before.

With regards to geography, patents are enforceable only in the...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: If i would like to sell a item simmilar to the product that has a patent on it. How much would it have to differ?

I would like to sell helmets with lights on it. I saw that one company has the patent on helmets with lights and indicator on it. Does that mean i can't sell other helmets with the same functionality or just that i can't sell the exact same helmets as the patent holder. And if so, how... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Jan 24, 2022

That really depends on what the patent claims say. The claims may be very narrow and you could get away with making something similar, or they could be broad and you are going to have a hard time making a helmet that competes well with the patented one.

You need to see a patent attorney...
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2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: before having manufactured a certain comb, do I need to find out if it is already patented by someone? and how do I?
Peter D. Mlynek
Peter D. Mlynek
answered on Jan 24, 2022

You should seek competent patent counsel. You may or may not want to get a clearance search done, depending on your business situation.

A very safe route is to make a comb that has been around for at least 20 years so that you are certain that any patents that may have existed on the comb...
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1 Answer | Asked in Patents (Intellectual Property) for Ohio on
Q: I would like some help applying for a patent
Peter D. Mlynek
Peter D. Mlynek
answered on Jan 24, 2022

I, along with others, am available. Reach out to a few of us.

Q: Does this 9447159 patent cover all Fc heterodimeric cytokines with an antigen binding moiety (not just CEA-IL2)?

My question is whether this patent covers all heterodimeric immunoconjugates or immunocytokines as described in Claim 1. Specifically, cytokine could be any secreted growth factors that are not mentioned in the patent. Antigen binding moiety could mean any bivalent antibody although the patent... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Dec 20, 2021

It appears that way. Provided, of course, that all of the other claim limitations of Claim 1 are taken into account. The term "cytokine" is defined in col 13, lines 38 to 62, and Claim 1 does not narrow this definition. This is not surprising; applicants try to claim more than just what... View More

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3 Answers | Asked in Patents (Intellectual Property) and Products Liability for Minnesota on
Q: Patent 7803360 protects a product that is degradable underwater.

Does this mean that no one is never allowed to make a bio degradeble lure other than this company? If one would be able to create something, they wouldn't be able to sell it? Not quite sure I understand how this patent works. Or is the patent designed to protect their formula, meaning if one... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Dec 20, 2021

It is the latter.

You certainly can make a biodegradable lure. People have been making biodegradable lures for decades. The lure that you want to make just cannot have the same composition as the one recited in the claims in the patent.

Claim 1 requires that the lure is comprised...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: I am not the inventor of this patent. Could you please help remove it from my patents or patent applications? Thank you!
Peter D. Mlynek
Peter D. Mlynek
answered on Nov 1, 2021

Generally, people like to see their names on the list of inventors on a patent. But, sometimes, workers are included on the list by a mistake.

Look up the attorney or the name of the firm that prosecuted the patent application. They'd be very much interested in making sure that the...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: If I file a provisional patent myself but dont do a good job, can it be correct later on filing nonprovisional patent?

Hi:

I want to patent an idea. If I file a provisional patent on my own and hire a patent attorney later to file a nonprovisional patent on the same idea, can he/she modify the provisional patent and correct/modify any flaws that I possibly make in the provisional patent?

Thank you... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Nov 1, 2021

Yes, this happens all the time.

The problem is that if you do a poor job in describing your invention in your provisional application, but is done appropriately in the nonprovisional application, then you will be able to claim the priority only to the non-provisional application. What...
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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... View 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... View 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... View 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... View 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... View 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.... View 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... View 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... View 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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