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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 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... Read 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... Read 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... Read 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
PREMIUM
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... Read more »

Timothy John Billick
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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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2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: what is the value of a patent of a drug? Is it a % of sales? especially like the patents that dr.fauci holds?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 21, 2020

There have been a number of questions of this type. There is often confusion between two different concepts: inventorship and ownership.

An inventor is someone that made a non-obvious contribution to the project that ended up in at least one claim in the issued patent. The inventors are...
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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: Are government employees allowed to own patents that were invented while working for the taxpayers??
Bill Hulsey
PREMIUM
Bill Hulsey
answered on May 7, 2020

Usually not. But, the analysis is often more complex than a simple, "Yes" or "No" answer. There are numerous factors to consider.

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: if someone patents a device like the one used by Stephen hawking and another recreates the same type of devices

and hurts people with it. whom can you file suit with if they are trying to not get caught using it but you know they are using it. If we find out who funds it to bring about harm then they deserve a law suit coming their way.

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 22, 2020

If someone creates a device, and patents that device, then he can keep others from making, using, selling, or offering for sale of that device.

The patent owner can keep almost anyone from using it, whether it is for a good use of an evil use. The patent owner can say, hey, I am going to...
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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: What happens if I received my patent already and another person just received theirs but their filing date was earlier?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Mar 24, 2020

I used to work for a firm that defended the original Bell telephone patent court (long long before I was born). So I am well aware that improvements to a particular device such as a telephone may continue to come out for a hundred years or so. It is possible that your patent claims one set of... Read more »

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: What is the average fee of a patent lawyer?
Tim Akpinar
Tim Akpinar
answered on Apr 11, 2020

Being that the question remains open, at this point, the best way to find out could be to contact several attorneys and ask about their fees. Combined with some online research, that should provide a reasonable ballpark. Good luck

Tim Akpinar

Q: My dad lived in P.Rico past away and and lift me his Property, but I'm in nyc what can I do
Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz
answered on Mar 1, 2020

If he was a resident of Puerto Rico and left a Will, it will need to be probated in Puerto Rico. If he left it to you some other way there may be other ways to deal with it.

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: I want to create bioluminescent Oranda goldfish with jellyfish extract. Will I breach any of these parents?
Robyn T. Williams
PREMIUM
Robyn T. Williams
answered on Feb 10, 2020

Whether you infringe a pre-existing patent(s) with your product/method can likely be greater informed by completing a prior art search.

If you do not have a product and want to file a patent application based on your invention, a prior art search should still be completed.

If you...
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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: I would like to make a handmade cat toy to sell. And I would like to know my design is not against other patent.

It is handmade cat toy wand with wire and some attractive toy at the end.

Thank you in advance,

Peter D. Mlynek
Peter D. Mlynek
answered on Feb 2, 2020

That is a tough question. You can hire an attorney to give you a good answer, but it will cost you much more money than you could ever make on the toy.

Here is a safer bet: if there is toy that has been around for the past 20 years or longer, then you should be safe from patent...
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1 Answer | Asked in Copyright and Patents (Intellectual Property) for New York on
Q: Let’s say I have a design in mind for a beauty product to be sold in , does it make sense to get a design patent?

I want to know if I can prevent other vendors or manufacturers from replicating my idea .

Peter D. Mlynek
Peter D. Mlynek
answered on Jan 30, 2020

I assume that you have designed some sort of a bottle or a container for holding nail polish, hair gel, mascara, body lotion, etc.

You have several options.

First, you should trademark the name of your product, and possibly the logo.

Second, you may want to get a design...
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1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for New York on
Q: Hello, I would like to know if its possible to claim a inanimate object such as air?

Even though you can't physically see air, it is composed of several components that it's created from such as nitrogen and oxygen.

Steven Fairchild
Steven Fairchild
answered on Jan 22, 2020

You cannot claim something natural. It has to be manmade.

You can claim a machine or device that uses air. For instance, a hot air balloon.

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