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Michigan Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Michigan on
Q: Intellectual property: I provided a product idea to a company. They stole the idea and used it to secure a patent.

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Kevin E. Flynn
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Kevin E. Flynn
answered on Jan 23, 2023

This is going to require that a patent attorney take a deep dive on the material that you provided and the nuances of the issued patent claims. There may be a path to correct inventorship to add you as one of the inventors. If you did not assign over your rights, then being a coinventor makes you... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Michigan on
Q: Do I require a patent to protect an herbal formula while I try to sell/license it? Will something cheaper suffice?

I have come up with a novel formula of herbs that act as a strong stimulant together. I developed it over years to overcome difficulties at jobs and to keep me awake on overnight drives. It is stronger than energy drinks, at least for me.

I'm looking to protect as I seek to profit off its value.

Erik Špila
Erik Špila
answered on Jan 5, 2023

Very hard to say the exact and the only solution for you here. You should discuss this with your local intellectual property lawyer. In general, you can use the institute of trade secret and also carry some legal protection with it. However you need to meet some legal requirements for this and that... Read more »

1 Answer | Asked in Contracts, Business Law and Patents (Intellectual Property) for Michigan on
Q: Have idea to enhance an existing product for existing business. What kind of atty to draft protection, more than a NDA.

I Have an idea to enhance an existing product for existing business, I would like to propose the idea to this business but would like to protect myself for compensation if they should like it and want to go through with it. What kind of an attorney would I seek to draft protection, I want more than... Read more »

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

Beyond an NDA, you could talk to a patent attorney to discuss possible patent protection. In an initial conversation, you can discuss whether your idea is a good candidate for a patent application.

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 Patents (Intellectual Property) and Trademark for Michigan on
Q: Hi, I have an idea for a new product. What things should I have done prior to contacting a patent attorney? Thank you!

The product should be relatively easy & inexpensive to manufacture. I’ve done as much in-depth research as possible online - and nothing like this exists as far as I can tell. I’ve spoken with friends, relatives, neighbors about a need for such an item and I’ve received 100% positive... Read more »

Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 11, 2022

Kudos to you for doing some prep work before your first meeting with a patent attorney. I love clients like that. I teach entrepreneurs about the patent process. I think it would be worth your time to review my intro slide set just so that you have some vocabulary and basic concepts... Read more »

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... Read 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.... Read more »

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2 Answers | Asked in Patents (Intellectual Property) for Michigan on
Q: Can you produce/make an item that has a patent after 20 years ? The inventor is deceased & his sons won't care.
Michael Zamzow
Michael Zamzow
answered on Jun 5, 2021

Contact an intellectual property law firm about this.

Patents expire 20 years after the earliest date of filing, but sometimes there are patent term adjustments that extend that period.

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1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: Why do the computer software related patents have 3 groups similar claims? For example: US9311057B2

Is it always good to claim 3 aspects in computer software related patent?

Peter D. Mlynek
Peter D. Mlynek
answered on May 11, 2021

You have good observation skills.

An applicant can have has as many claims in the patent application as is desired. I've seen patents and patent applications with just one or two claims, but I've also seen patents with hundreds of claims. Typically, a patent has one or more...
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1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: What's the average price to apply for a utility patent?
Peter D. Mlynek
Peter D. Mlynek
answered on May 11, 2021

The price for drafting and filing a utility patent varies widely, but about $7,000 to $12,000 seems like a good ball park figure.

1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: How can I obtain an electrical drawing of an issued patent for a tabletop home deep fryer? The patent is #D600066.

The patent # on the bottom of the deep fryer is 200630060898.8 I took my deep fryer apart to clean the build-up of oil and grease and I want to be accurate in reassembling the electronic and mechanical parts. The Canadian Patent Office helped me obtain the American D600066 number.

Where... Read more »

Kevin E. Flynn
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Kevin E. Flynn
answered on Mar 18, 2021

Sorry. All you have is a design patent number. That just shows the ornamental appearance and none of the inner details.

https://patents.google.com/patent/USD600066S1/en?oq=D600066+

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Michigan on
Q: Niagin owns the patent to NR, but yet there are still other companies selling the raw material. Is this patent infring?
Peter D. Mlynek
Peter D. Mlynek
answered on Jan 27, 2021

I am not going to give you an opinion on Niagen booster supplement containing naturally nicotinamide riboside (NR), because I do not know all the facts, but here are a few comments.

Generally, naturally occurring compounds are not patentable. Anyone can make, use, or sell such compounds....
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3 Answers | Asked in Copyright and Patents (Intellectual Property) for Michigan on
Q: Can I patent a formula for a hair product I’m creating for a celebrity?

I currently create a hair product for a celebrity that I created and cook in my kitchen. I package it and send it and she applies her label to it. Can I patent the formula just in case she wants to buy it, how do I know how to price the formula? She has ingredients, not the specific formula... Read more »

Peter D. Mlynek
Peter D. Mlynek
answered on Jun 9, 2020

Yes, you could get a patent on a formulation of a hair product. As a matter of fact, I have written several of them for clients.

But I have to warn you: it is not easy. It is not easy to get a patent on a new mixture of known ingredients, as you seem to be doing. Firstly, it is likely...
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Q: I have a product i want to make my own and start production and sales and i wanna know all my options

There can also be other variantions of it made and i want that too all different sizes and shapes but it the same product

Peter D. Mlynek
Peter D. Mlynek
answered on May 5, 2020

Congratulations on your new venture. I hope that it will be profitable for you.

And also congratulations about worrying about patents now, before you start the production and sales. Too many people ignore patents, spend lots of money on designs, tooling up, and manufacturing their...
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1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: What is standards of novelty and nonobviousness in patent law? If I have a new food product.

How does it apply to a new food product?

John B. Hudak
John B. Hudak
answered on Apr 29, 2020

In general the standard for novelty and obviousness are:

Novelty: 35 U.S.C. 102 - An invention must be novel in order for the invention to obtain a patent. An invention is novel if all the elements of the invention were not previously described by someone else. An invention is not novel if...
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1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: What does standards of novelty and nonobviousness mean? How does it apply to protecting a new food product?

I am trying to protect my new food product from being copied in the marketplace. How do standards of novelty and nonobviousness apply? Please explain?

Bill Hulsey
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Bill Hulsey PRO label
answered on Apr 28, 2020

they are requirements for a patent

1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: Can a food recipe be patented? I have a food product that I want to protect from someone analyzing my food product.

I do not want my product copied. How can I protect it in the marketplace? What are the standards of novelty and nonobviousness? How will it apply to my product?

Bill Hulsey
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Bill Hulsey PRO label
answered on Apr 28, 2020

Yes. The standards of novelty and nonobviousness apply.

2 Answers | Asked in Estate Planning and Patents (Intellectual Property) for Michigan on
Q: Where can I obtain a quick deed to redo paperwork for my house
Trent Harris
Trent Harris
answered on Nov 12, 2019

My advice would be for you to contact a real estate attorney in your area. Deeds are legal documents which, if not drafted correctly, can result in problems in the chain of title and can affect your ability to get financing for your property, or your ability to sell or convey the property later.... Read more »

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3 Answers | Asked in Patents (Intellectual Property) for Michigan on
Q: I created a unique plant fertilizer product that is retail. I solely control formula and want to protect & patent. How?

The product was registered, tm and certified by all governing bodies in order to sell.

Trade secret formula as of now

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 10, 2019

Wow, you already went through the regulatory dance. Great!

To get a patent, contact a patent attorney to get you started. (I do patents for formulations on daily basis for my clients, and I've done some in ag chem).

Make sure that you have some good data over other common...
Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: help me get the checks I received for my parents into my name

I received checks one for xxx and xxx I am their daughter and am the one that is entitledto these checks. I was wondering what I have to do so I can get them into my name and cash them.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Mar 5, 2019

I do not see this as a patent question. I am not sure whether you have a contract issue or a trust and estate/wills issue. You need to review the reason why the checks should be made out in your name and then select an appropriate area of law within Justia. Right now, your question is going out... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Michigan on
Q: i have an idea to modify and existing patent. can i patent my modified design?
Peter D. Mlynek
Peter D. Mlynek
answered on Feb 27, 2019

Yes, you can. Patents are granted on new things, but on improvement on existing things. For example, Alexander Graham Bell invented the telephone, but people are still making improvements to telephones and getting patents for them.

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