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Georgia Patents (Intellectual Property) Questions & Answers
2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Georgia on
Q: I have a couple of question regarding patent law on a clinical lab testing assay.

There is a current technology that has a patent that will be expiring soon. I have an assay that was some basis on the technology in the expiring patent and have changed the assay significantly enough that it is different from the original but encompasses the technology. What are the cost... View More

Alan Harrison
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Alan Harrison pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

Cost for a patent application varies and most practitioners do not discuss pricing publicly. You get different quality of work depending how much you're willing to pay, but other factors also affect the pricing - size of firm, overhead, what other clients are willing to pay, etc.

A...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Georgia on
Q: I have developed a math puzzle game. I want to copyright) patent it, or sell to game manufacturer or media house. Advise
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 21, 2024

To protect your math puzzle game, you have a few options. Copyright would protect the specific expression of your game, such as the artwork, design, and written instructions, but not the underlying idea or concept. Patenting your game could protect the idea or mechanics behind it, but this can be... View More

1 Answer | Asked in Family Law and Patents (Intellectual Property) for Georgia on
Q: Can a family who owns a sugar cane farm, patent, and license their product?

We have a generational family land, that our family has used and incorporated sugar cane into a lifestyle for a lot of families in Georgia. The land is worth a fortune, but looking to license is the best route.

Adam W. Bell
Adam W. Bell
answered on Jan 20, 2024

Unless you have produced a new crop variety, then very probably , no.

The best way to go to protect your brand is trademark.

There are other options.

This is complecatted stuff. You need to talk with a proper IP attorney.

Good luck.

Adam Bell

www.bell-iplaw.com

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Georgia on
Q: I need to patent my business idea,how and where do I start? in other words what is the process and how long does it take
David Aldrich
David Aldrich
answered on May 26, 2023

Regarding where to start, you should contact a qualified patent attorney, who can work with you to prepare a draft application for submission to the U.S. Patent and Trademark Office. The attorney can also help you conduct a search and review of the relevant prior art before doing so, if desired, in... View More

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1 Answer | Asked in Patents (Intellectual Property) for Georgia on
Q: What are the laws concerning marketing products from said patent without both inventors signing the other rights?

If one of the inventors listed on the patent has died. Are his rights transferable to his heirs or does the other listed inventor have sole marketing rights?

Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 27, 2021

Patent rights start with the inventors. The rights can be moved in their entirety through a type of contract known as an assignment. Many inventors are paid to invent by their employers and assign their inventions over to their employer. Rights can also be given to use the invention through a... View More

1 Answer | Asked in Patents (Intellectual Property) for Georgia on
Q: Can I still make and sell food products if the technology to make the product is patented?

I am interested in making a chip (snack food) that is pressure popped but I believe the technology is patented. I found a manufacturer abroad for the machinery I would require.

The patent states: "The present innovations generally relate to the manufacture of food products, and more... View More

Peter D. Mlynek
Peter D. Mlynek
answered on May 25, 2021

This is a very common question. A couple of points:

(1) What the patent covers and does not cover is defined by the claims. Those are the numbered paragraphs at the end of the patent.

The paragraph that you've copied sounds like it was under the heading Field of Invention,...
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1 Answer | Asked in Patents (Intellectual Property) for Georgia on
Q: HI! I need to know if I can get a design patent for designing wedding stationery in the form of a magazine style.

n/a

Peter D. Mlynek
Peter D. Mlynek
answered on Mar 9, 2021

Yes, you should be able you, provided that the design is new and not obvious. Given that there are hundreds of different wedding stationery designs, and there may be other stationery in form of a magazine, it may be tough to get the design patent. You need to talk to a patent attorney.

2 Answers | Asked in Patents (Intellectual Property) for Georgia on
Q: Who currently has rights to patent number PP 19561

The inventor is now deceased.

Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Dec 9, 2020

Probably a relative of the inventor.

USPTO records don't appear to show that the inventor assigned the patent to anyone, so presumably it remained the inventor's property and passed to his estate upon death. Assuming that the inventor left a will, the patent - like other property...
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2 Answers | Asked in Patents (Intellectual Property) for Georgia on
Q: Is there a design patent for hand cuffs?
Kevin E. Flynn
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Kevin E. Flynn
answered on Nov 18, 2020

This is one of those searches that is best done on the USPTO site as you can specify the application type to narrow the search to design patents.

There are a number of design patents with "handcuff" in the title....
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2 Answers | Asked in Patents (Intellectual Property) for Georgia on
Q: If modifications were made to enhance or improve this patented shading system, would that be patent infringement?

U.S. Patent: 10190330

Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 17, 2020

If the broadest claim in a patent requires 5 things--To make this easy, call them A, B, C, D, & E.

If your improved product added some new features (F & G) so that your device had A, B, C, D, E, F & G. then your improved device would infringe as you have A-E as called for in the...
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1 Answer | Asked in Patents (Intellectual Property) for Georgia on
Q: Can you patent a specific thread dimension? We manufacture a product with a custom thread, Can a competitor match that?
Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 5, 2020

It would need to be something very unusual to get a patent on the specifics of the thread geometry. Virtually every possible combination of handedness, threadform, thread angle, lead, pitch, starts, has been done. There seems to be more appetite in the USPTO to grant patents for orthopedic bone... View More

3 Answers | Asked in Patents (Intellectual Property) for Georgia on
Q: How can I purchase this Patent?
Bill Hulsey
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Bill Hulsey
answered on May 26, 2020

Tell us more, please. Which patent?

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1 Answer | Asked in Gaming, Copyright, Intellectual Property and Patents (Intellectual Property) for Georgia on
Q: Can I use parts identical to LEGO parts (non-patented/expired) in a commercial virtual reality game?

The parts are sourced from an online community (LDraw.com) that models the LEGO parts in 3D attempting to digitally archive the LEGO parts, so they are as close to the original as possible. I am attempting to create a virtual reality game where these parts can be built in a similar way (but in a... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 27, 2020

It will depend on what parts you are referring to.

If they are the ones out of protection, you could use them. But you need to make sure they do not have other protections, common law or statutory.

You should definitely consult an attorney to be better guided.

Marcos

www.legalbizglobal.com

1 Answer | Asked in Patents (Intellectual Property) for Georgia on
Q: I have an idea for a product that could be used asap in dental offices to help protect patients and employees since Covi

How do I go about inexpensively getting a provisional patent so that I can start getting this product out there? I do not have time to do a regular patent.

Bill Hulsey
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Bill Hulsey
answered on Apr 23, 2020

You can submit a provisional patent application that provides a description of how to make and use the invention. This will establish an international filing date. From this date you can further seek U.S. and international patent protection via subsequent patent filings.

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Georgia on
Q: I have a brilliant software design; how do I protect myself so my company doesn't take it and cast me aside?

My company is developing new software - I am NOT a part of the development team. But I have designed a far superior product that could potentially be worth millions to the company. If I present it to management, they could take it, hand it over to the development team, and potentially leave me out... View More

Tania Maria Williams
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Tania Maria Williams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 16, 2020

I am not a patent attorney but there may be a question as to whether the company already owns it even though they may not know about it. I see that you created it on your personal computer with non-company software, but did you create it on your personal time or on company time? Also, do you have... View More

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1 Answer | Asked in Business Law, Intellectual Property and Patents (Intellectual Property) for Georgia on
Q: Can new [patented] products limit their legal, public usage if intended for advertising?

Have a product idea, but wondering about some marketing kickbacks, so I'm going to use an example to explain what I mean...

Pretend I invented baseball caps and patent the product. Everyone decides they like them, so people buy and use them. Suddenly, a large corporation wants to put... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Sep 2, 2019

If you have sufficient bargaining power, you can sell your product to individuals with a different deal to different groups.

So you can license one company to get the hats with a logo but you might control that you would be paid to apply to logo to the hat and build the profit margin in....
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1 Answer | Asked in Patents (Intellectual Property) for Georgia on
Q: Hi, Can the inventor of a utility patent claim ownership of a patent if it was never assign to the applicant company?

Patent application #X was originally filed and later published in 2013 as I was employed by Applicant, I assigned it to them, patent was abandoned by applicant. I terminated my employment with them in January of 2016. They refilled the "same" patent in November 2018 but it got a different... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Aug 20, 2019

I am sorry, John, but it is very unlikely that you have any ownership stake in Patent #Y.

If patent #Y has issued, and it is pretty much the same as patent application publication #X, then Patent Application Y somehow claimed priority to X. It had to, because X would otherwise be cited...
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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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3 Answers | Asked in Family Law, Intellectual Property and Patents (Intellectual Property) for Georgia on
Q: How do I terminate my parental rights in the state of GA? I have 2 children from Ex wife!

My ex wife and I have two boys who she have kept from me. I got married in 2016 and was put on child support. I am tired of being harassed and I’m tired of my children getting hurt by me trying to contact them. I currently have two girls by my current wife and none of us are allowed to contact... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Feb 5, 2019

You are not likely to be able to terminate your parental rights under these circumstances. Termination of parental rights is only permitted in limited circumstances. Generally, only voluntarily when there is another parent willing to step into the biological parent's place in a step-parent... View More

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1 Answer | Asked in Patents (Intellectual Property) for Georgia on
Q: I want to patent a bandage with properties not on the market. Do I begin with a professional patent search?

I am a physician assistant and I want to create a bandage that will help a lot of my urgent care patients with infection. I would like to know if I should pay for a professional patent search before I have a prototype?

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

I am glad that you are worried about coordinating the prototyping and patenting, before you bring your product to your patients and to the market. I’ve been working with a client for the past almost 2 years on getting a Class I medical device in the WOC field onto the market; I obviously can’t... View More

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