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Colorado Patents (Intellectual Property) Questions & Answers
3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Some company is using parts of my patent for their product. What is the process to stop this from happening?
Peter D. Mlynek
Peter D. Mlynek
answered on Mar 15, 2024

If someone is infringing your product or process, you need to see a patent litigation attorney.

The first thing that the attorney will do is to investigate whether the company is actually infringing your patent. By "infringing your patent", I mean that the company is making or...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Can one file for a patent after letting a previous application lapse?

My spouse filed for a patent on an invention and began selling it with 'patent pending' more than one year ago. She let the application lapse because it was not selling well. Now, it suddenly started selling. Is there any way to protect the invention?

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 22, 2024

It is possible. You will need to consult with a patent attorney and go through the dates of specific events.

If your first patent application (possibly a provisional application) was filed long before any of the time bar triggers (public sale or offer for sale, public use, public...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Colorado on
Q: I am creating a competitive collapsible water bottle to Hydrapak LLC - I want to understand what design limits I have

NA

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024

When creating a competitive collapsible water bottle similar to Hydrapak LLC, it's essential to consider several factors that may limit your design. Firstly, you should carefully examine any existing patents or intellectual property rights held by Hydrapak or other competitors in the market.... View More

2 Answers | Asked in Patents (Intellectual Property) for Colorado on
Q: how would I find out if someone is using my patents.
Michael Cohen
Michael Cohen
answered on Mar 15, 2023

Normally through due diligence, meaning knowing the competitors of your products/services and monitoring them. Once you believe they are offering the same or similar product/service, you would then consult with a patent attorney to analyze your registered patent, particularly the claims of your... View More

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2 Answers | Asked in Patents (Intellectual Property) for Colorado on
Q: Is someone able to review my business idea to avoid a patent infringement?
Kevin E. Flynn
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Kevin E. Flynn
answered on Dec 29, 2022

Not clear how they will get access to your business idea. If you mean will they be able to look at your provisional patent application, the answer is no (not unless you provide a copy). If you mean your US patent application, the default is that the application is published 18 months from the... View More

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1 Answer | Asked in Patents (Intellectual Property) for Colorado on
Q: Need help regrading patent

We have received irrelevant infringement patent on Amazon and looking someone who can help us to solve this issue

Erik Špila
Erik Špila
answered on Aug 22, 2022

Dear Mrs or Mr,

if this issue is still valid, you can PM me more details about this and I can have a closer look at this.

2 Answers | Asked in Patents (Intellectual Property) for Colorado on
Q: Hi I had an idea for a product but I don't know how to go about securing the idea as my own.

I want to eventually sell my idea to a company who could produce it. But I want o have my idea secured as my own so that it doesn't get stolen.

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 7, 2022

This is a very common question. Unfortunately, you are not going to like the answer. I apologize in advance.

An idea, even after it has been flushed out to become a patentable invention, is not worth very much. Companies buy or license profitable businesses, profitable products or...
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1 Answer | Asked in Patents (Intellectual Property) for Colorado on
Q: If there is a baby bottle design on the market, would I be infringing if I designed a water bottle similarly?

Obviously different use... but similar body shape.

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Feb 17, 2021

A patent attorney can help you determine if the product on the market is patented and, if so, if the patent is still valid or it has expired. Even if the patent is still valid, there may be some differences between your product and the product on the market, so that you would not be at risk of... View More

1 Answer | Asked in Patents (Intellectual Property) for Colorado on
Q: how do i put a lien on a patent
John B. Hudak
John B. Hudak
answered on Jul 6, 2020

Generally, liens are determined by state and local law – they can include filings with the state for a UCC filing based on a particular transaction or a particular form of security. If this is a contract dispute, consider using a local attorney to assess the case and determine if there is a way... View More

1 Answer | Asked in Patents (Intellectual Property) for Colorado on
Q: If you have a patent shouldn't the inventors get part of the financial proceeds from the worlwide sales and profits
Peter D. Mlynek
Peter D. Mlynek
answered on Dec 5, 2019

Well, the patent owner gets a limited monopoly for a limited time, from which the patent owner can profit.

But what you are likely asking is what a lot of scientists, engineers, and other employees of large companies are asking: "I worked hard, invented this product that is being...
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1 Answer | Asked in Patents (Intellectual Property) for Colorado on
Q: If the patent is from over 20 years ago, can one proceed with manufacturing a similar product?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jul 11, 2019

Assuming that you are correct that the patent is expired, then the smart move would be to look for newer patents to that cite the patent you have found. Tips on how to do that are at http://bit.ly/Patent_Searching. You may want to check for other patents on this product by checking the assignee... View More

2 Answers | Asked in Patents (Intellectual Property) and Trademark for Colorado on
Q: How much does an application for a patent and trademark for an industrial process cost.

This question is based on a fake model part of an educational module. Due to the limited resources available to obtain such information, I am looking for rough estimates of the costs I should expect. Since the model is not realistic many factors are excluded.

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 14, 2019

A patent costs around $20,000. It could be as little as $10,000, or as much as $40,000 or more.

A trademark will cost about around $800 to $1500 to get.

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2 Answers | Asked in Patents (Intellectual Property) for Colorado on
Q: Old patents claim using a specific methylated (CH3) DNA as diagnostic. New method measures overall CH3 (no seq). FTO?

The old methods isolated unique sequences and showed that CH3 status of the sequence was important. The new method looks at all CH3 at once without any regard to sequence. It can be argued all patents looking at CH3 of specific sequences teach away. The new method does not identify any... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 3, 2019

From your brief description, it sounds like you are OK. But it really depends on what the claims recite. If it calls for isolation of unique sequence, and you do not perform that step, then you are not infringing. But if the claims are simply directed to measuring methylation of a specific gene... View More

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1 Answer | Asked in Patents (Intellectual Property) and Trademark for Colorado on
Q: I'm starting outdoor business. I'm ordering knives, military backpacks, etc, from vendors in China. Patent issues??

I'm worried about current patents and if I'm putting myself in jeopardy by offering these products?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Mar 25, 2019

It is possible that by selling products made off-shore that you may be infringing a US patent claim that is from an unexpired US patent. A US patent can be used to prohibit someone from making, using, selling, or offering to sell a product that is covered by one or more patent claims of an... View More

2 Answers | Asked in Patents (Intellectual Property) for Colorado on
Q: Do I Need 2 Utility Patents, or can I get away with only filing 1 with the 2 different functions but same, Field Sock.

Field Sock is attached 2 main sock & my 2nd design, the Field Sock is not attached to main sock.. I'm selling them as 2 different utility socks that serve different functions.

I have a provisional patent & in process of filing for Utility Patent.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Feb 28, 2019

The USPTO Examiners have the option to say -- whoa -- you are asking me to do more than one patent's worth of work as there are more than one invention here. They can request that you seek to restrict the current application to just one claim cluster and leave other claim clusters for you to... View More

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1 Answer | Asked in Patents (Intellectual Property) for Colorado on
Q: My sister & I would like to learn if we may have royalties from our father Russell W. Walters' patents.

Many of our Dad's patents are being used & manufactured. We have original blue prints, etc to prove our Dad's patented designs. There is a company called Esmet in Canton, OH manufacturing his high security devices. I designed the Tufloc logo for my Dad's devices & company... View More

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

Sorry to be the bearer of bad news, but there is likely not much that you can do. A couple of notes:

(1) The point of a patent is to give the inventor the right to exclude others for a limited time. Thus, if your father obtained a patent for his invention in the 1970s, the patent has...
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2 Answers | Asked in Patents (Intellectual Property) for Colorado on
Q: Has my patent expired? EVAPORATE. Dietary and nutritional supplements. Owned by: JD Korp Inc. Serial Number: 77484779
Peter D. Mlynek
Peter D. Mlynek
answered on Oct 23, 2018

It looks like this trademark is abandoned.

https://trademarks.justia.com/774/84/evaporate-77484779.html

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1 Answer | Asked in Estate Planning, Real Estate Law, Patents (Intellectual Property) and Probate for Colorado on
Q: if my grandparents had legal custody of me when I was kid do I have say over the living will if they have passed

My grandparents had legal custody and guardianship of me and my brother when we were kids up until I turned 18 they're passed away and my uncles are trying to evict me from the home I live in which is my grandparents do they have the right evict me from her home even though she said I could... View More

Ashley Dean Powell
Ashley Dean Powell
answered on Sep 8, 2018

The short answer: you probably have an uphill battle.

One very fundamental value of estate planning is the opportunity to express your wishes in writing (through a will or trust instrument, for example) so that there will not be disputes after your death (or, at least, there may be less...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Colorado on
Q: How do u find out if someone has a patent on a wooded kite?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jun 17, 2018

The only way to know is to search. Even if you search you may have some small risk that a patent application is ahead of you in the pipeline but is not visible yet. However, searching is the commercially reasonable way to reduce your risk of running into a problem.

One strategy is to...
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1 Answer | Asked in Consumer Law, Contracts, Business Law and Patents (Intellectual Property) for Colorado on
Q: CRM software company trying to charge extra $500-$1000 for me to export my customers' info when I cancelled the software

The terminology in their Terms of Use include: "You have the right to Your content within Your Agemni Site. You may, at Agemni’s discretion, be subject to a fee to export that content including but not limit to any outstanding payments or fees that are due."

However, they do not... View More

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jun 13, 2018

I do not see a patent issue here. I hope you find an attorney with the right background to help you. Ideally, this would have been something you worked out before you populated the site with data that you need.

You may want to Google around to see if others have dealt with this issue or...
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