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Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Some company is using parts of my patent for their product. What is the process to stop this from happening?
Peter D. Mlynek
Peter D. Mlynek
answered on Mar 15, 2024

If someone is infringing your product or process, you need to see a patent litigation attorney.

The first thing that the attorney will do is to investigate whether the company is actually infringing your patent. By "infringing your patent", I mean that the company is making or...
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2 Answers | Asked in Copyright, Patents (Intellectual Property) and Intellectual Property for Arizona on
Q: Can a court documents like a TRO be served via email? If I respond to this email, does this change anything?

I’ve received an email from what I believe is a legitimate law firm stating I have an infringement complaint against me. The email links to a site hosting documents that look like court documents. The complaint appears to be that a product I’ve been selling is infringing on a design patent that... View More

Alan Harrison
Alan Harrison
answered on Mar 14, 2024

It depends. Email service is not typically valid in Arizona. However, a federal district court can serve anyone in the United States based on the rules of the state where the court sits. So if for example you were sued in a Florida federal district court (as might happen for patent infringement... View More

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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: If a patent is showing as “abandoned” is the product free and clear?

If there are multiple companies producing a product currently and all I can really find is abandoned status patents is it free and clear? What if other companies are claiming patented on websites but I can not find??

James L. Arrasmith
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answered on Mar 13, 2024

In the United States, including California, if a patent is listed as "abandoned," it means that the patent application process was not completed, or the patent holder failed to pay the required maintenance fees. As a result, the invention is no longer protected by patent rights and enters... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Tonies patent

I want to learn more about a company call Tonies patent, can someone help providing a professional service. We need to develop a alike product.

James L. Arrasmith
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answered on Mar 12, 2024

Hi there, I can provide some professional information and guidance regarding the Tonies patent and developing a similar product. However, it's important to be aware of potential intellectual property considerations.

Tonies is a German company that produces a smart audio player and...
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1 Answer | Asked in Energy, Oil and Gas, Patents (Intellectual Property), Contracts and Elder Law for Texas on
Q: As the Widow of my late husband who has the 52 utility Patents, should I have been told about the patents?

I have hesitated to to say that my late husband and I were in a interracial relationship. I am Black he was Cacausion, when the companies lawyer contact me about signing over the two Patents, do you think the company or their lawyer would have mentioned the other fifty patents to me or not. I found... View More

John Michael Frick
John Michael Frick
answered on Mar 13, 2024

Your husband should have told you about the patents and, upon his death, when his estate was being probated, the personal representative of his estate should have told you about the patents if that person knew about them. Both your husband and the personal representative of his estate likely had... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: can I use the technology behind the vertimax machine, the pully system, but construct it a different way?
James L. Arrasmith
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answered on Mar 8, 2024

In California, as in many other jurisdictions, using the technology behind a product like the VertiMax machine, specifically the pulley system, and constructing it in a different way requires careful consideration of patent laws. If the technology or any of its critical components are patented,... View More

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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: What Patents do Solatube International hold in South Africa if any in regards Tubular skylights and ventilation systems
Peter D. Mlynek
Peter D. Mlynek
answered on Mar 15, 2024

Here are some of the patents that Solatube Int'l Inc. has in South Africa:

ZA2012/00018 - SKYLIGHT COLLIMATOR WITH MULTIPLE STAGES

ZA2012/00569 - SKYLIGHT COVER WITH PRISMATIC DOME AND CYLINDER PORTIONS

ZA2012/04238 - DIRECT AND INDIRECT LIGHT DIFFUSING DEVICES AND...
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Q: Can I still get any royalties, can I modify my design to re submit?!

My design expired can I modify it for resubmission, is their possible law suits I can receive compensation from?

James L. Arrasmith
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answered on Mar 5, 2024

Based on the limited information provided, I'll try to address your questions as best as I can.

1. Royalties: If your design patent has expired, you will no longer receive royalties from it. Once a patent expires, the invention or design enters the public domain, meaning anyone can...
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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

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: I have a patent for AI edge computing that Intel may be intereted. Please let know where to send it.

I am a patent holder and inventor of a novel intelligent edge computing solution that Intel may be interested. This patent, “Classification System”, USPN 11144748, issued 10/12/2021, describes a scalable, low-power, and real-time solution that can perform machine learning functions such as... View More

James L. Arrasmith
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answered on Feb 29, 2024

To approach Intel with your patented technology, it's advisable to start by visiting Intel's official website. Look for sections dedicated to innovation, partnerships, or technology licensing. These areas often provide guidance on how to submit proposals or inventions for consideration.... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Washington on
Q: My father invented something held patent from 1968 though 1983 his idea was taken what can I do dad died
Peter D. Mlynek
Peter D. Mlynek
answered on Feb 28, 2024

Sorry, but there is really not much that can be done now.

Firstly, patents expire. When a patent expires, the owner is not able to enforce it anymore. Your father's patent, if i issued in 1968, would have expired in 1985.

If the patent expired in 1985, and if someone...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Michigan on
Q: We had applied a patent before many years ago by Mitsubishi Could you please help me for what happened
James L. Arrasmith
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answered on Mar 4, 2024

To find out the status of a patent application submitted through Mitsubishi or any other entity, you have several options to explore. Initially, you can check the public databases provided by patent offices, such as the United States Patent and Trademark Office (USPTO) in the U.S. or the World... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Kansas on
Q: Is it legal for someone to make you sign over your invention when you were not mentally stable , coming out of a coma?

Their business partner went to them the day they came out of a comma , and had them sign over the invention in which the patient held the patent, to when he was not mentally stable, and was promised royalties to in which he has never seen them. Then the partner sold the invention even though he... View More

James L. Arrasmith
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answered on Feb 27, 2024

If someone was made to sign over their invention while not mentally stable, especially coming out of a coma, the legality of such an agreement is highly questionable. The law generally requires that for a contract to be valid, all parties must have the capacity to understand the terms and the... View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Utah on
Q: how are people able to sell a product even though it has a patent design?

Lot of people are selling different versions of a selfie stick, how are they able to even though there is a patent?

Peter D. Mlynek
Peter D. Mlynek
answered on Feb 24, 2024

I do not know what patents cover selfie sticks, but generally when someone says that they have a patent for product, they typically have a patent on only certain kind of a product.

So, for hypothetically, a "selfie stick patent" may claim a selfie stick that attaches the camera...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Can one file for a patent after letting a previous application lapse?

My spouse filed for a patent on an invention and began selling it with 'patent pending' more than one year ago. She let the application lapse because it was not selling well. Now, it suddenly started selling. Is there any way to protect the invention?

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 22, 2024

It is possible. You will need to consult with a patent attorney and go through the dates of specific events.

If your first patent application (possibly a provisional application) was filed long before any of the time bar triggers (public sale or offer for sale, public use, public...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Colorado on
Q: I am creating a competitive collapsible water bottle to Hydrapak LLC - I want to understand what design limits I have

NA

James L. Arrasmith
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answered on Feb 23, 2024

When creating a competitive collapsible water bottle similar to Hydrapak LLC, it's essential to consider several factors that may limit your design. Firstly, you should carefully examine any existing patents or intellectual property rights held by Hydrapak or other competitors in the market.... View More

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

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: Company holds valid Process Patent in U.S. Canadian Company using process in Canada.

Canadian Company obtaining benefit from process and selling product back into U.S.

Is Canadian Company infringing on U.S. Patent?

James L. Arrasmith
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answered on Feb 25, 2024

If a company holds a valid process patent in the U.S., and a Canadian company uses this patented process in Canada to produce a product that is then sold back into the U.S., there could potentially be an infringement on the U.S. patent. U.S. patent law protects against the unauthorized use, sale,... View More

1 Answer | Asked in Copyright, Gaming, Intellectual Property and Patents (Intellectual Property) for Tennessee on
Q: The game that I've created has many businesses that reflect real businesses. Logos and names changed. Is this legal?

I'm a Game Developer and my game contains many businesses that reflect those of real life. For example, there is a fast food restaurant called TFC that has a black and white logo of a cowboy. This virtual location looks similar to KFC, using a similar font and color pattern. Will I get in... View More

James L. Arrasmith
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answered on Feb 21, 2024

Using businesses in your game that closely resemble real-life businesses, including logos and names changed, can potentially raise legal issues related to trademark infringement and intellectual property rights. While your game may not be centered around these establishments, if the similarities... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Georgia on
Q: I have developed a math puzzle game. I want to copyright) patent it, or sell to game manufacturer or media house. Advise
James L. Arrasmith
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answered on Feb 21, 2024

To protect your math puzzle game, you have a few options. Copyright would protect the specific expression of your game, such as the artwork, design, and written instructions, but not the underlying idea or concept. Patenting your game could protect the idea or mechanics behind it, but this can be... View More

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