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New York Patents (Intellectual Property) Questions & Answers
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

2 Answers | Asked in Copyright, Patents (Intellectual Property), Trademark and Intellectual Property for New York on
Q: I want to use a name that's trademarked under the entertainment/toys section, for my new tech company - am I allowed to?
James L. Arrasmith
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answered on Mar 3, 2024

Using a name that is already trademarked in one category for a new company in a different category, such as from entertainment/toys to tech, might be possible, but it depends on several factors. Trademarks are generally sector-specific, meaning that protection typically extends only to the same or... View More

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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
Stephen E. Zweig pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: Loophole to extend US provisional patient by 18-month by filing PCT and preserve original US priority date

I have filed a provisional US patent 11+ months ago (I have about a week remaining to file full patent). I know in the US there is no way to extend this without loosing my priority date of May 2020. However, can I refile this as a PCT, claiming the May2020 priority date, and then file the full... View More

Bill Hulsey
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Bill Hulsey
answered on May 6, 2021

This works, if international filing is important. However, there are better alternatives.

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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: what are the best search terms for an idea related to packaging for the mail?
Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 2, 2021

Like a lot of things in life, it is hard to know the best way to do something until you have at least done some pilot projects. My slides at https://bit.ly/Patent__Searching give some tips.

It is hard to pick the perfect terms since some patents were translated into English and have a...
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Q: I create custom sports cards. Is there any way for me to sell my custom cards legally?

So I design and print custom sports cards myself and recently I have been getting a lot of interest in them. I understand Panini has the sole rights to create and sell NBA cards. Is there a way to sell the cards I create without infringing on Panini’s rights? I’ve heard altering existing... View More

Timothy John Billick
Timothy John Billick
answered on Oct 20, 2020

There is not enough information here to answer this fully, but here are some areas of potential concern:

1) The NBA's rights to the trademarks of teams and their own marks

2) The Teams' rights to their own marks

3) Copyright rights to the photos you're using...
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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: What is the class of US patent for anchor support of underground structures
Kathryn Perales
Kathryn Perales
answered on Aug 5, 2020

You can research this yourself at https://www.uspto.gov/web/patents/classification/

Use different keywords to research your invention - you may find more than one class that makes sense.

Keep in mind that regardless of what class you think your invention comes under, the patent...
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