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Patents (Intellectual Property) Questions & Answers
1 Answer | 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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1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: CAN YOU PLEEEEEEEEASE TELL ME HOW TO OBTAIN A PATENT WITHOUT GETTING RIPPED OFF? PEOPLE GOT ME FOR 1200 BUCKS!

I JUST CAN'T LET THAT HAPPEN AGAIN SO I'VE BEEN HARBORING IDEAS FOR DECADES, SOME VERY NEEDED STUFF.

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 25, 2023

You can't.

Look, a patent is a business tool. A patent costs about as much as a pick up truck. It is typically a small part of a multi-million dollar set of assets of a company.

If you do not have money for a patent (tens of thousands of dollars), how are you going to have...
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1 Answer | Asked in Energy, Oil and Gas, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: I invented and patented (US 8391552) an invaluble technology for petrochemical industry

So in 2018, the Trump Admin attacked me in a federal lab in Pittsburgh. I had to flee. Then my house was raided by a SWAT team. I fled into hiding in Amish country Ohio. Then the Trump Admin disguised my patented technology as a non-patented technology and gave it to Saudi Aramco and the... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 25, 2023

I am sorry to hear about your tribulations, but regarding the patent: you do not own the patent. You assigned your rights to the invention to the Deparment of Energy in December 2012, after the patent application was filed but before the patent issued.

It is not your patent, and the DoE...
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1 Answer | 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

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: Three named inventors on a patent...what are the rights of these named inventors?

If a patent is assigned to three named inventors, does each inventor have the right to do what they please without approval or profit share to the other inventors?

A California LLC was in place but terminated in 2021 before being granted the patent. It was agreed upon that the patent would... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 24, 2023

Yes, that is correct: each of the inventors has a right to do with the patent rights as he pleases, without accounting or profit sharing with others.

In this case, though, you do have to be very careful that the rights were not actually assigned to the California LLC, and that if there was...
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1 Answer | Asked in Patents (Intellectual Property) for Minnesota on
Q: Are there certain handmade macrame styles/ designs patented that others can't practice and sell? Is there a listavailabl

Can I make and sell macrame products learn from media and macrame books to sell? If there are patented designs, how do I check to avoid using it for business?

Robert Kane
Robert Kane
answered on Sep 23, 2023

I actually don't know because this isn't my area of expertise. Since this is most likely a valid question in any state, you may consider reposting in California, New York, etc.

0 Answers | Asked in Identity Theft and Patents (Intellectual Property) for Florida on
Q: Hello, I have some issues going on and I am desperate for legal advise. 1st I need help to file an emergency replevment

Self Help at the court house said that is what I need to file to be able to have my belonging that are in my now EX's storage unit. LONG STORY but I have proof of it all in texts. She is trying to sue me and its all false information that will be filed. 2nd I think and have some proof as well... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Virginia on
Q: Patent question. Can I apply for a single design patent for the spoon, fork, and knife with the same design?

I want to apply for a design patent for a spoon, a fork, and a knife. In my understanding, one patent application is for a single item. However, my design is the same for all 3 utensils. In this case, should I apply for the design of a handle instead? Can I say, "ornamental design of the... View More

Darrin A. Auito
Darrin A. Auito
answered on Sep 18, 2023

You should discuss with an IP attorney that has experience with design applications. That said, with proper usage of solid and dashed lines, it sounds like a single embodiment can cover all three designs, since ornamental feature is directed towards the handle. I'd recommend a different title,... View More

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3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Good morning, I would like to know if there is any chance to get contact information about a patent owner.

I have had an issue selling a product that it is supposed to be patented by "Mr. W.T."

Patent number: 7841848

Publication number: 20070034094

I would like to know if there is any chance to contact with the patent owner to negociate a possible solution for the issue... View More

James L. Arrasmith
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answered on Sep 21, 2023

To obtain contact information for a patent owner, you can search the United States Patent and Trademark Office (USPTO) database for the patent in question. Once you find the patent, the contact information for the patent owner or their legal representative may be listed. Alternatively, you can... View More

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0 Answers | Asked in Patents (Intellectual Property) and Probate for Oklahoma on
Q: Ivneed someone to explain a trust to me. My mother passed away and I'm having issues with her home.

She left her home to my son who's now trying to kick me out when I've been there for 22 years and I'm disabled.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: how long is the patent valid?

I am looking for the patent for Nafpack number 87089811. How long is still valid?

James L. Arrasmith
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answered on Sep 21, 2023

The validity of a patent is generally 20 years from the date of its filing. To determine the specific expiration date of patent number 87089811, you should check the U.S. Patent and Trademark Office's records or consult with a patent attorney for precise information.

1 Answer | Asked in Consumer Law, Business Law and Patents (Intellectual Property) for California on
Q: Does holding a patent for Athletic Hand Grips prevent me from selling products or designs that are similar?

My primary competitor in the market is Bear Komplex, which offers similar hand grips for the fitness industry. I've observed that the manufacturer I'm considering also produces similar hand grips, but before making a purchase, I'd like to clarify the patent I found on their website.... View More

James L. Arrasmith
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answered on Sep 13, 2023

Holding a patent does not inherently prevent you from selling similar products or designs; however, if your products or designs infringe upon the specific claims of Bear Komplex's patent, you could potentially face legal consequences. It would be prudent to review the specific claims of the... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: can we allow manufacturing of machinery which other countries patented

can we allow manufacturing of machinery which other countries patented

James L. Arrasmith
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answered on Sep 11, 2023

Patents grant exclusive rights to the patent holder, and these rights are territorial, meaning they only apply in the country where the patent was granted. If a piece of machinery is patented in another country but not patented in your country, technically, the patent holder's exclusive rights... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Maryland on
Q: Is the following application able to be patented:

Device for Hygienic Extraction of an Acne Related Impaction

Publication number: 20110087239

James L. Arrasmith
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answered on Sep 11, 2023

Determining whether a specific invention can be patented involves a detailed analysis of the patentability criteria, including novelty, non-obviousness, and utility. You can check the current status of a patent application through the United States Patent and Trademark Office (USPTO) website using... View More

1 Answer | Asked in Copyright, Gaming, Intellectual Property and Patents (Intellectual Property) on
Q: Hi.Tell me please,is this Patent №9573046 for a specific game and its design or for the very principle of any card game?
James L. Arrasmith
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answered on Sep 11, 2023

To understand the exact scope of what is protected by U.S. Patent No. 9573046, it is necessary to review the patent's claims, which define the exact matter protected by the patent. The patent documents, including the detailed description and claims, can be accessed via the United States Patent... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: After many years confirmed by today I get the patent for my golf tee in Malaysia Best way to aply in the USA?

Design patent I hold already 7 years

James L. Arrasmith
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answered on Sep 11, 2023

Congratulations on securing your patent in Malaysia. To seek patent protection in the U.S., you generally have a strict window from the first patent filing to file a corresponding application in the U.S. Considering you've held the design patent for over 7 years, this window has passed.... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Illinois on
Q: There has been a patent application that was approved, however in the non-patent citation, there is previous art similar

This patent was applied for in 2022, and even has a non-patent citation where it cites a previous art exactly the same who is selling on Amazon since 2021. The patent was still approved somehow and I am wondering why.

Michael Byrne
Michael Byrne
answered on Sep 6, 2023

The specific dates (not given in your question) might be the reason. If not and if the prior art really is "exactly the same" then the application could have been granted in error. The USPTO provides mechanisms to challenge such patents. For example:... View More

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3 Answers | Asked in Patents (Intellectual Property), Trademark and Intellectual Property for Nevada on
Q: What is the total time required to file a patent and trademark, how soon is my info be publically available on the USPTO

I hired an attorney 3 months ago, he was trying to file a patent and trademark, but still, the information didn't show up publically nor did he provide any application number, Also, he keeps saying the application keeps being rejected, can hire another attorney?

T. Augustus Claus
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answered on Aug 30, 2023

In Nevada, the time required to file a patent and trademark can vary depending on factors such as the type of patent or trademark and the complexity of the invention or design. Generally, the process for both can take several months to several years, involving steps such as examination, review, and... View More

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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: Is there a patent for an instant/direct/tracked parcel delivery service that works in a similar fashion to an uber ride?

M

James L. Arrasmith
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answered on Sep 11, 2023

Whether there is a patent for a service similar to what you described would require a detailed search of the United States Patent and Trademark Office (USPTO) database for any existing patents or published patent applications. To understand the current status, you would need to conduct a patent... View More

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