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Oregon Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Oregon on
Q: Hi, Can a person sue another for a design infringement without having a design patent?

If the products looks similar but both were designed based on prior art teachings. While the accused product is not using any logos/name/images of the first. And the accused product has feature(s) to specifically tell the ordinary observer (both visually and in description) that there is this... View More

James L. Arrasmith
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answered on Feb 25, 2024

Yes, it is possible to sue for design infringement even without having a design patent. Design infringement claims can be based on various legal grounds, including trade dress, copyright, and unfair competition laws. However, the success of such a lawsuit would depend on the specific circumstances... View More

1 Answer | Asked in Consumer Law and Patents (Intellectual Property) for Oregon on
Q: I created a new product for my regional food company. It appears it will be official and sold. Am I entitled.

I live in Washington state but work in Oregon

Erik Špila
Erik Špila
answered on Sep 2, 2022

This depends on if you created it as a company employee, or in your free time for yourself. It is sometimes hard to prove both of them. It all depends on jurisdiction. I would recommend you to contact local attorney to discuss this matter.

1 Answer | Asked in Patents (Intellectual Property) for Oregon on
Q: Can I patent a primality test?

I created a faster primality proving equation. Can I patent it?

Peter D. Mlynek
Peter D. Mlynek
answered on Jun 12, 2021

No.

You cannot patent mathematical concepts. But you can patent a machine that relies on your particular primality test, or related products or methods.

2 Answers | Asked in Patents (Intellectual Property) for Oregon on
Q: how long is a chemical etching patents?

For example, what is the duration of a patent 10640679

Kevin E. Flynn
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Kevin E. Flynn
answered on Mar 3, 2021

Patent term is more confusing than it should be. The one part that is simple, is that patent term is not a function of the technology. There is not a way for the applicant to apply to extend the patent term (unlike trademarks or copyrights). (but as noted below, there are things that can shorten... View More

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2 Answers | Asked in Patents (Intellectual Property) for Oregon on
Q: Have an idea for an athletic footwear design that I believe is unique and functional. Has it been patented?

How much should I plan on spending to learn if this idea is, in fact, unique? Whom should I contact? Patent attorneys? How much money should I anticipate spending to create a patent as to protect my idea before I present it to major manufacturers?

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Sep 12, 2020

A patent attorney can do a patentability search to determine if your fotware is novel and non-obvious. If the search shows that your footware design is novel, the patent attorney should prepare and file a patent application for your invention. Once the application is filed, you may talk to... View More

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1 Answer | Asked in Employment Law and Patents (Intellectual Property) for Oregon on
Q: What else can I do to make my deceased fathers employment office get ahold of me in order to process his last paycheck?

Hello, my father passed away last year in October and it is now February. I have called and called the agency (People Ready) my dad worked for (he worked as a carpenter through a temp agency) and I have left voicemails and even spoke to someone who said they would call me back, but no one has... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 20, 2020

You might retain an attorney to contact them. A quick letter would likely not cost much, and the estate may be able to reimburse that cost. See ORS 652.190 for who is supposed to get the check to ensure you are the correct person before demanding the check.

1 Answer | Asked in Patents (Intellectual Property) for Oregon on
Q: Does Daltile have any new patents related to it's Revotile product which was just launched?

Daltile is owned by Mohawk, who owns several key flooring patents related to the way PVC tiles and planks click together. They have recently launched a new product which is a combination of an SPC (PVC) base with a porcelain layer on top. The tiles click together, then you can grout them. We have... View More

Robyn T. Williams
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answered on Feb 11, 2020

Hello, in order to make this determination you will need to obtain a freedom to operate analysis from an Intellectual Property attorney. In completing this analysis, an evaluation of the patent(s) about which you are concerned will be completed and compared to your product. If it is found that the... View More

1 Answer | Asked in Patents (Intellectual Property) for Oregon on
Q: my dad owned patents at chase doors i. his name was xxx. he died years ago. is family owed money?

I am his son

Peter D. Mlynek
Peter D. Mlynek
answered on Nov 15, 2018

My condolences on the passing of your father.

Your father was listed as an inventor on 3 patents: US 7,526,894; US 7,152,377; and US 6,398,995. Although he was listed as the inventor, he was not the owner. His employer, Chase Industries, is the owner of these patents.

Typically,...
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1 Answer | Asked in Patents (Intellectual Property) for Oregon on
Q: when does granted patent appear on patent.justia website
Peter D. Mlynek
Peter D. Mlynek
answered on Aug 22, 2018

I don't speak for Justia, so I don't know, but there is usually a lag time between the time a patent issues, and its appearance on non-USPTO websites, such as Justia or Google. If you need to be sure to be up to date, you really need to go to USPTO.gov .

1 Answer | Asked in Patents (Intellectual Property) for Oregon on
Q: This design patent he claims is unable to be finished and is flawed. Yet was still distributed. What can be done legally
Peter D. Mlynek
Peter D. Mlynek
answered on Aug 10, 2018

Please feel free to post your question in your native language, and we'll translate it as we see fit. This Google translation from your language is gibberish that makes no sense.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Oregon on
Q: This is Michael Tallen need to talk to lawyer about above patent.

This patent is worth $100sM and I did everything and got $1. Dennis Fenton threatened his way onto the patent. He threaten me even recently and is worth over $600M

Peter D. Mlynek
Peter D. Mlynek
answered on Jul 27, 2018

I sent a message to your LinkedIn account. If you want to talk, please give me a call.

1 Answer | Asked in Patents (Intellectual Property) for Oregon on
Q: Regenerative sustainable organic gardening technique..can this be patented?

To procure medical grade cannabis at a fraction of the overhead costs

Peter D. Mlynek
Peter D. Mlynek
answered on Jul 23, 2018

That certainly could be patentable.

One problem that you will encounter is whether the gardening technique is actually really new. Gardening has been about for millennia, practiced by billions of people, so it is likely that someone has thought about the same thing as you have....
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1 Answer | Asked in Patents (Intellectual Property) for Oregon on
Q: Do I have to have a dockett number when filing a patent?
Hong Shen
Hong Shen
answered on Jan 26, 2011

No you don't. Having a docket number makes tracking the application much easier but for filing you do not need one.

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