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Questions Answered by Joshua David Mertzlufft
2 Answers | Asked in Patents (Intellectual Property) for Michigan on
Q: If an inventor signs over all rights to his invention to a corporation, Is the corporation required to have an attorney

Is the corporation required to have an attorney to file for the actual patent?

Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Oct 6, 2022

Hello! Yes, if the corporation is to be the “Applicant” on a U.S. patent application, the patent application has to be signed by a registered patent attorney or a registered patent agent.



I am a registered U.S. patent attorney, however, absent a mutually-agreed, written...
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1 Answer | Asked in Contracts and Patents (Intellectual Property) on
Q: I want to sue a certain individual due to him stealing my patent & putting it on the market for his own gain & profit !

I would like to know how to go about recovering years of lost revenue? I'm talking millions if not billions!!!!

Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Oct 3, 2022

The first step in any potential infringement action is to take a look at the product/service/method and compare it to the patent and then put a strategy together.



I am a registered U.S. patent attorney, however, absent a mutually-agreed, written engagement agreement between you...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Does a US method patent protect the domestic sale of foreign-made-goods constructed via the US-patented method?

I think I have a novel method of manufacturing a category of widgets. The method will make manufacture cheaper and faster for a subset of these widgets (but not all). My target audience for these widgets is within the US. Each individual widget could receive its own utility patent, but it... Read more »

Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Sep 28, 2022

Depending on the method/invention itself, a utility patent could be drafted in such a way to cover the variations on the method. What you're getting at though, is called a "product-by-process" claim, which generally would accompany pure method claims in an application. If a... Read more »

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: Can a patent that was abandoned be patented again by one of the inventors?

Publication number: 20040002883

Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Sep 14, 2022

If there's a new improvement to it that is patentable, there may be an opportunity for a new patent application. However resubmitting an old application as-is that's already published, with nothing more, generally won't work.



I am a registered U.S. patent...
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2 Answers | Asked in Patents (Intellectual Property) for Washington on
Q: Is it legal to add 2 people to my patents who now claim to be inventors when I was the listed0 on my patents for 8 yrs
Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Sep 14, 2022

The question of inventorship is actually a legal question, so ultimately anyone who should legally be listed as an inventor *must* be listed as an inventor. If inventorship is found to be incorrect, the patent itself could be in jeopardy. There are procedures available for making these corrections.... Read more »

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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: What would be the cost to have a lawyer file an “Ex parte reexamination” on a patent on our behalf?

We have found a US utility patent that should be invalid under 35 U.S.C. § 102 (b), because the exact product on there was being publicly sold and marketed online for more than one year before the patent filing date. We have collected extensive evidence and are looking for a IP lawyer to writeup... Read more »

Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Sep 12, 2022

Generally, ex parte reexaminations can run between $15,000 and $25,000 for the party requesting it, split between government filing fees and attorney fees and attorney fees. Quite a bit of preparation goes into these filings, and nailing down a more specific estimate could be accomplished after a... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: I am wanting to make something similar to patent # 10517291 but I do not want to infringe on the patent.

I want to use gears instead of the timer to give somewhat of the same effect but the motor will be constantly on, and I will not have a timer at all. Does this idea infringe on this patent? It specifies the cycler as a timer chip, which I will not be using, so I do not see something wrong with this... Read more »

Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Aug 24, 2022

Hi, this would involve what is called a Non-Infringement Analysis, which involves a careful determination of claim scope and whether what you’re looking to do falls within it. Generally, patent attorneys are able to conduct this type of analysis, and should be able to assist you with making... Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: How can I know the details with drawings of any patent on this site?

I'm interested in the energy router patent and can not understand the explanation without the figures.

these figures are not available. How can I see them to understand the explanation?

Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Aug 24, 2022

Hi, if you’re on the USPTO website (patft.USPTO.gov or appft.USPTO.gov), you’ll want to click on “Images” at the top of the screen, and then “Full Pages” on the left (blue button). If you’re on Google Patents, you can click “Download PDF” toward the upper left of the screen.... Read more »

2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: How to apply for a patent to sell similar products?

I sold a similar patent expandable bellows (Patent # 11,131,410) product on Amazon and got a complaint. So how do I get permission for this to be legal.

Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Aug 24, 2022

Generally there are a few routes to take, but common ones can include: (1) obtain an analysis of whether you actually infringe and respond accordingly; (2) negotiate and obtain a license from the patent holder; or (3) invalidate the patent.



I am a registered U.S. patent...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Dear Sirs/Madams, I found a patent filed on this website that is actually based on my own work. How do I proceed?

The patent in question is based on my Ph.D. work and has been subsequently published. I would like to be at least mentioned as an inventor since the innovation was mine.

The following public documents attest to me having precedence over the inventors listed on the patent:

1. My... Read more »

Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Aug 24, 2022

There are mechanisms in the law to add an inventor when they should be listed (it is a common misconception that inventors can be arbitrarily chosen). I actually recently wrote a blog post about this topic:... Read more »

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3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: How can I protect my ideas from being stolen while looking for funding and investors with no money for a patent?

I have multiple ideas/inventions and i don't know how to explain my ideas to investors to get funding without having a patent to protect my ideas. But I don't have the funding to pay for a lawyer and everything to get a patent. So what could I do to protect myself and my ideas while... Read more »

Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Aug 24, 2022

Hi, this is a tricky situation many founders I’ve worked with have found themselves in. For a startup in the early stages when funding is tight (it usually is at the very start), a provisional patent application could be filed to defer some of the costs and get to “patent pending.” A caution,... Read more »

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