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New York Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: Does my MOSFET-based motor driver design violate U.S. Patent No. 11,097,614?

I have a design for a two-channel brushed motor driver specifically for 550 and 775 brushed DC motors. It features an 8 - 40VDC input voltage, 30A continuous per motor output, Wi-Fi access point for configuration, monitoring, and diagnostics, variable throttle and brake inputs, two forward speed... View More

James L. Arrasmith
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answered on Apr 7, 2025

To determine if your design violates U.S. Patent No. 11,097,614, we need to closely examine the patent claims. The patent primarily focuses on motor driver technology that uses MOSFETs, so the use of MOSFETs in your design may not be a major point of concern. However, your specific features, like... View More

Q: Can I patent a service idea to protect it from competitors?

I have a business idea related to services that I believe is unique, but I'm concerned about protecting it from competitors who might have similar ideas. How can I ensure that my idea is safeguarded, and are there existing patents that I should be aware of?

Babak Akhlaghi
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answered on Mar 12, 2025

That is a great question. To safeguard your idea and address potential concerns about existing patents, you can pursue two types of searches:

1. Patentability Search: This search assesses whether your idea is patentable by determining if it is new and non-obvious compared to existing prior...
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2 Answers | Asked in Patents (Intellectual Property) and Business Law for New York on
Q: I want to know if Patent 11,192,678 products are on the market and where to buy them.

I am interested in finding out whether products associated with Patent 11,192,678 for ZIPLOCK FASTENER CLOSURE FOR GABLE TOP CARTONS are currently being manufactured and sold commercially. Specifically, I'm looking for stores and locations where these products might be available. Can you... View More

Sean Goodwin
Sean Goodwin
answered on Mar 10, 2025

Your best bet is to contact the current owner to see if it is commercializing the patent and where.

The current owner of this patent is AB Merculor, located at Hillersvagen 3, Hagersten 129 35 in Sweden.

If you have trouble contacting them, their U.S. law firm is Birch Stewart...
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2 Answers | Asked in Intellectual Property, Trademark and Patents (Intellectual Property) for New York on
Q: Am I infringing on trademarks/patents by selling rebranded CCM hockey glove replicas?

I'm considering taking a replica of a CCM hockey glove from a Chinese site and rebranding it with my unique logo. I'm unsure if the original CCM design is patented or trademarked. The Chinese site has no agreements, and I plan to sell these rebranded gloves using the same design unless... View More

Alan Harrison
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answered on Mar 2, 2025

I'm a hockey dad, so your question is very interesting to me. There certainly are patents for hockey gloves, but whether any of those might cover the specific gloves you want to "private label" … really hard to say. Answering that question even tentatively would require a massive... View More

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: If I wanted to patent a new type of music system for learning music what type of patent would I need and cost?

I want to patent a new type of musical system. How much is the cost for a lawyer to help with patent search and filling fee?

James L. Arrasmith
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answered on Aug 2, 2024

To patent a new type of music system for learning, you would likely need a utility patent. This type of patent covers new and useful inventions or discoveries. It protects the way the system works and its functionality.

The cost of hiring a patent attorney can vary widely. For a patent...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Is it legal for someone to claim a patent on a game that has been played around the world for so long?

How can this person legally claim to have invented Pickleball? Is there a money involved in this? It’s like if I, an American, claim to invent rice.

James L. Arrasmith
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answered on Mar 19, 2024

In general, for someone to claim a patent on a concept, the idea must be new, non-obvious, and useful. If a game has been widely played and known for a long time, it's unlikely that someone could successfully patent the game itself, as it would not meet the criteria for novelty. Patenting... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for New York on
Q: How unique does a product need to be to get a utility (or design) patent?

I have an idea for a new application of an existing product. Moreover, I found 2-3 existing patents that are similar concepts but different applications.

Would I be able to get any type of patent?

James L. Arrasmith
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answered on Feb 25, 2024

For a product to qualify for a utility patent, it must be novel, non-obvious, and useful. This means your idea must be significantly different from any existing products or patents, offer a new way of doing something, or provide a new technical solution to a problem. The presence of similar... View More

4 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for New York on
Q: Do you have to mark the patent number on the product packaging or website?

If a product is not marked that it has a patent nor does it say anywhere on the product page, website etc. can the patent owner still file for patent infringement?

Stephen E. Zweig
Stephen E. Zweig pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 28, 2023

This is covered by Federal law 35 USC 287.

The law limits the patent holder's ability to recover for past patent infringement damages to the first point in time when the infringer was notified about the patent. By contrast, by marking the product, the infringer is legally assumed to...
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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for New York on
Q: Life sciences patent lawyer Q: can I patent modified protein production protocol never used for this protein but others

I discovered a production protocol that worked well with a protein interesting as a biomaterial. I modified protocol and want to patent it. Is it possible?

Stephen E. Zweig
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answered on Sep 25, 2023

A lot will depend on whether your modified protocol is legally "obvious" or not. Here, the legal question is if the modification would appear apparent to a person of average skill in the art (here, "average skill" in biotech is Ph.D. level).

If you did something unusual...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Does the Harlan kardon onxy studio 1 have any patents that is currently enforced or expired? If so what one are they?

I want to find out if I could use the device to expand on the design and technology in it more so to future proof it and lessen environmental effects on the planet from landfill pollution of electronics.

David Aldrich
David Aldrich
answered on Sep 25, 2023

Harman owns many patents. Typically, if someone has one or more patent(s) on a particular product, that product (or its packaging or labeling) will list the patent number somewhere (or else will identify a website that does), because the owner of the patent(s) cannot collect damages for... View More

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2 Answers | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for New York on
Q: Can I use the term "baseball" in the name of a new product i created?
David Aldrich
David Aldrich
answered on Aug 22, 2023

It certain instances, it would depend on what type of product it is. There is nothing inherently wrong with using the term "baseball" in a product name. And if the product relates to baseballs, this is a generic term, so no one can stop you from using this term. However, it is possible... View More

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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for New York on
Q: Can I patent my own brand name for a new style protective neck gaiter?
James L. Arrasmith
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answered on Mar 11, 2023

Yes, it is possible to obtain a patent for a new prototype for a protective neck gaiter. A patent is a legal right granted by the government to the inventor of a new and useful invention, which provides the inventor with the exclusive right to make, use, and sell the invention for a limited period... View More

Q: have power of attorney and proxy over my dad personl relationship affairs the bank won't let me on account what

What I look up they should section 5-1503 is there

Jack Mevorach
Jack Mevorach
answered on Jan 31, 2023

Often, banks reject valid Powers of Attorney. Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Patents (Intellectual Property) and Trademark for New York on
Q: If you have not received legal papers yet as a defendant in a case involving multiple defendants, what should you do?

I am asking on behalf of someone else. I believe this is a civil case and the defendant has only heard from a friend about the lawsuit who is also a defendant included in the case.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 14, 2023

Your friend should contact a patent litigation lawyer for advice. Not engaging in the lawsuit can have serious, permanent consequences as to the determination of your friend’s rights. It is possible that the process server took all required steps to serve your friend, filed affidavits of service,... View 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.

Erik Špila
Erik Špila
answered on Aug 24, 2022

Dear Mrs or Mr,

in this case you can either contact the patent owner to give you permission (licence) and then forward this agreement to the amazon.

If you think you have been wrongfully accused by the complainant, you can appeal to amazon if your product listing has been removed....
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Is there any way I can write to the Judge without hiring an attorney ?

I am a non US citizen lives in India and A Patent infringement case has been filed against me and several other US & Non US based sellers for selling online. Is there any way I can write to the Court without hiring a Lawyer to avoid a default judgement as I can't afford an attorney.

Peter D. Mlynek
Peter D. Mlynek
answered on Jul 31, 2022

No, I am sorry, but there really is no way to do that. You'll need to hire an attorney to fight it.

In some countries, the judgment of a court in the US is not-enforceable. If you don't have any property to be seized in the US, and there is no way to collect it in India, it is...
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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?
Kevin E. Flynn
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Kevin E. Flynn
answered on Jan 24, 2022

Kudos to you for wanting to do the right thing. The answer is that you need to work with a patent attorney to do a freedom-to-operate (sometimes called clearance) search. The attorney or a contractor working for the attorney will look for patents that that have not expired or published... View More

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: I filed a patent last Oct after working on it for almost 1.5yr and perfecting it. There was nothing in the market similr

My patent lawyer also did a search (we both did), and there was nothing similar in the patent library.

Just last week in Jan. 2022, a product entered the market very similar to mine, claiming to have a pending patent.

I'm not sure if my idea was stolen or if they also came up... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 20, 2022

It depends. You need to have a deep conversation with your patent attorney.

IF the other guys filed before you, it is possible that they have an upper hand.

If you filed first, they would not have a way to know about your invention unless you made it public.

If you get the...
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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: When did Clorox apply for patent on splashless bleach
Kevin E. Flynn
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Kevin E. Flynn
answered on Nov 23, 2021

With the tips in this slide set, you can use Google Patents and the USPTO patent database to answer this question and to additional questions that might arise.

Good luck

https://bit.ly/Patent__Searching

Kevin E flynn

4 Answers | Asked in Patents (Intellectual Property) for New York on
Q: How does one get an ideas manufactured,,I have an idea but not sure where to go from here.
Peter D. Mlynek
Peter D. Mlynek
answered on Jun 6, 2021

You need to find a manufacturer that will make what you need.

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