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New York Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: PATENT: Interactive exercise pad system United States Patent 6336891. Where can I find this image online?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 8, 2017

https://patents.google.com/patent/US6336891B1/en is one place to see images for this patent. From this screen you can also download a PDF of the complete patent.

Keviin

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: Where can I see an image of Patent number: 6336891
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 8, 2017

https://patents.google.com/patent/US6336891B1/en is one place.

http://pat2pdf.org/ is another although Firefox is not playing well with this site today.

Kevin

2 Answers | Asked in Contracts and Patents (Intellectual Property) for New York on
Q: Can you tell me if this is considered a breach of contract or a new patent infringement case? (see below)

I granted a company a "covenant not to sue" for using my valve on beds (and only beds). Now I've discovered they are using my valve on pool toys and balloons. Is this a breach of contract or new patent infringement?

Michael David Siegel
Michael David Siegel
answered on Oct 20, 2017

It is both, but it is easier to bring an action as a breach of contract. It depends where the covenant was made, i.e. a court order or an agreement.

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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: Are beverage recipes patented?
Peter D. Mlynek
Peter D. Mlynek
answered on Sep 8, 2017

Yes, it should be possible to patent a beverage. After all, a beverage is nothing more than just a composition, and I, as well as hundreds of other chemical patent attorneys, make a living getting patents for compositions.

However, there are two serious problems that you need to consider...
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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: Can I will my design patent to my daughter to use after I die?
Peter D. Mlynek
Peter D. Mlynek
answered on Aug 29, 2017

Yes. Patents are personal property, similar to a car, a bank account, or an art collection.

2 Answers | Asked in Contracts, Copyright, Business Law and Patents (Intellectual Property) for New York on
Q: Where can I search if my bottle design already has a patent or not?

I'm planning on launching a new product line and have a design for a bottle I'd like to put in production but would first like to know if the design already has a patent with the US gov't.

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Aug 18, 2017

The Library of Congress. This is something that we offer under a limited low-cost retainer because the legal service is "unteathered"

Please feel free to contact my office if you would like a free consultation.

Aubrey C. Galloway III Esq

Law Office of Aubrey C....
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2 Answers | Asked in Copyright and Patents (Intellectual Property) for New York on
Q: I HAVE IN MIND AN INVENTION . HOW DO I GO ABOUT IT
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Apr 20, 2017

This depends on entirely on what you invented. If you invented something physical, like a new toy or video game, a formal copyright with the Library will HELP, but pending further details, will not entirely suffice. In such an event, you should apply for a US patent on the invention. Many law... View More

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for New York on
Q: Understanding claims and scope of one patent

I have been reading regarding claims and scope of patents for over a day now. I have seen that the claims are everything when it comes to proving infringement. Also, I have read that the claims are regarded as a whole and cannot be divided.

I have posted before that I am trying to find the... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Feb 12, 2017

I wish that there would be a better way of a non-lawyer determining if a device or process that is very similar to a claimed device or process infringes or not. Unfortunately, sometimes you really do need a lawyer to give you a legal opinion on these things. It is also unfortunate that such... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for New York on
Q: Understanding the score of a specific patent

https://www.google.com/patents/US9383820

Hello, I want to understand the scope of this patent. From what I saw they are patenting custom vibration patterns in relation to creation of alerts. Though, I do not understand if they are patenting the custom vibration patterns or the custom... View More

Glenn B. Manishin
Glenn B. Manishin
answered on Feb 12, 2017

The scope of patent claims and their validity are really tough issues that warrant you retaining a patent specialist attorney and possibly challenging the referenced patent before the PTO.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Understanding the patenting phrases in patent applications

I was told I should not use "may" in my PPA. Though, In patents like:

https://patents.google.com/patent/US20120306631A1

They are using may in plenty of examples, "shifted second portion may comprise providing","Another potential advantage may include... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Feb 8, 2017

(8) I think that I have led you astray. Sorry about that. There is no guidance that suggests that you should stay away from the word "may". I use it all the time. However, your claims must be definite so that the reader can tell whether a product/process is or is not within the scope... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Provisional patents and future ideas

I was watching some of the tutorials on Youtube that mention that one should write what has been done (in the past) and what one has invented that would better the previous inventions and how will one's invention be in the future when writing one's provisional patent application. I... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Feb 7, 2017

I assume that this is a follow-up question to my answer to your previous post. If I may answer your concerns:

(4) I think that the YouTube tutorial has misled you. There are many different ways of writing a patent application, but perhaps the Tutorial tried to teach it this way: in the...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Patenting a novel iOS application idea, I want to know whether I should patent the app itself or the novel technology.

I want to patent my new novel iOS idea. It was not done before and its almost fully developed. What should I patent exactly? Should I patent the application as a whole or should I patent the technology that I invented. Keep in mind that the technology that I have invented could be used on a variety... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Feb 7, 2017

I am not exactly sure what your app does or what technology it involves, but let me see if I can answer some of your questions.

(1) You probably should patent the technology rather than just the app. The reason is that by the time your patent issues, the app will likely be obsolete, but...
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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: Where do you file a provisional patent? I'm a CT resident but am in school in NY.
Peter D. Mlynek
Peter D. Mlynek
answered on Feb 6, 2017

You file it with the U.S. Patent and Trademark Office. It does not matter where you live.

You may want to run your provisional patent application by a patent attorney before you file it (and it does not matter where the patent attorney lives either).

2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: Hi, I have an idea that I wanted to patent. How can I go about it.
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2017

Contact a Patent Prosecution lawyer. Research your idea and related patents at the USPTO. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I... View More

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Patents with Open source Software or Software tools, programs owned by other companies.

Today when we work with so much of software and software programs and software tools which have been developed by different companies or communities, where is the scope to innovate and patent? In other words, if my day to day job involves using these software tools or programs, what could be a... View More

Glenn B. Manishin
Glenn B. Manishin
answered on Jan 10, 2017

The concept and scope of software patents is very ambiguous, frequently changing and very much under assault. Note that "ideas" cannot be patented or copyrighted, although you can copyright software code as a creative expression. Look at some articles on software patents reviewing the... View More

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: Dear Lawyers, I would like to know whether the Oso Aluminium Barbell Collar has a patent on the design and form. Thanks.

Dear Lawyers,

I would like to know whether the Oso Aluminium Barbell Collar has a patent on the design and form.

It doesn't state it on their website or elsewhere. But I'm still not sure. I also wasn't able to find anything on a quick google patent search. Are there... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Jan 15, 2017

If you have one of these Barbell Collars, take a careful look at it. There should be something like "U.S. Patent 0,000,000", or "pat. pend." or something similar. If there is nothing there, take a look at the packaging for these markings.

If there is no such marking,...
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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: how many patents does ikea have?
Peter D. Mlynek
Peter D. Mlynek
answered on Dec 20, 2016

About 87.

Well, 87 patents and patent applications in the US are assigned to Ikea, but it is tough to know exactly without spending a lot of time on it. See...
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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: When I look into patents the figures referenced to are not shown. Any idea?

The moment I go into certain patents they all refer to certain figures. I can't seem to find these figures and would like to know if there is a way for me to find the referred figures. At first I thought it had to do with not being logged in to the website. But as I tried that, nothing... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Dec 9, 2016

This used to be a problem year ago when all you could do is to see the patent text on your computer. You could see the ASCII text, but not anything else.

Luckily things have changed, and now you can see the actual .pdf scan of the official patent. There are many websites that have .pdf...
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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: I did not pay the last fee for my patent, and would still have 3yrs left. Is this patent still in force?
Peter D. Mlynek
Peter D. Mlynek
answered on Dec 10, 2016

It sounds like that your patent is not in force. You have to pay those fees!

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Can a patent application made within the us from which I was excluded as the inventor be challenged?

It was originally filed in Ireland and this filed again without my consent or crediting me as the inventor..

Peter D. Mlynek
Peter D. Mlynek
answered on Nov 22, 2016

Likely yes.

The exact answer will depend on the circumstances of your case, but here are a couple of points:

(1) If you invented something for your employer, generally the employer can file an application even without your consent.

(2) Whether you are or are not an...
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