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Arizona Patents (Intellectual Property) Questions & Answers
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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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

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2024

The rules regarding legal service of court documents, such as a Temporary Restraining Order (TRO), vary by jurisdiction and the specific court's requirements. Traditionally, legal documents need to be served in person or through recognized postal services to ensure the recipient is aware of... View More

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2 Answers | Asked in Patents (Intellectual Property) for Arizona on
Q: Is there a way to use a patented product for my business without it being illegal?

I am looking to create a startup company, but there is a product that is patented and there seems to be no way around it. I am looking into ways to improve what is already out there or even use the product with my own twist in a legal fashion. The product patent is for dissolvable edible pods which... View More

Stephen E. Zweig
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answered on Sep 2, 2021

It probably is a good idea to talk to a patent attorney. The claims may not be as comprehensive as you think. Alternatively, the patent prosecution history may show specific gaps in coverage. Other information, such as expiration dates, ownership, and the like, may also be helpful.

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1 Answer | Asked in Patents (Intellectual Property) for Arizona on
Q: Have family patents inherited from a will - appear to be innovations at a global scale. Looking past missed royalties.

Family patents include "Grass Cutter," (original lawnmower), Time-controlled release valve (for fire extinguishers and irrigation systems), and medical valve for oxygen tanks. It appears that our family has owned the patents for quite some time and a friend of ours mentioned that we may... View More

Stephen E. Zweig
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answered on Aug 17, 2021

To start with, you could look these various patents up on Google patents and see which ones have expired, which are abandoned, and which may need maintenance fees. You can do this by looking at https://patents.google.com .

You can also get some idea of which patents have already been sold...
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1 Answer | Asked in Patents (Intellectual Property) for Arizona on
Q: If a toy design is patented how are there so many different people selling identical products?

I made a crocheted design of the famous reversible octopus that I was hoping to sell but was told I couldn’t because the design is patented. But when I look on Etsy and Amazon, there are plenty of sellers selling products that are identical. How is that legal?

Peter D. Mlynek
Peter D. Mlynek
answered on Mar 9, 2021

Maybe the patent owner licensed the design to a number of sellers. Or maybe the sellers buy the product from the patent owner. Or maybe the sellers on Etsy ignore the Cease and Desist letters. Of maybe the person who told you about that you could not sell it is wrong.

In any case, if...
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1 Answer | Asked in Patents (Intellectual Property) for Arizona on
Q: What is the lashify patent? Trying to start a lash business but want to adhere to their patent.
Peter D. Mlynek
Peter D. Mlynek
answered on Feb 11, 2021

Congratulations on starting a new business!

As you know, there are many legal hurdles that you need to deal with, including registering the business name, incorporation, zoning, health, hours of operations, employment, taxes, etc. You are to be commended that you are concerned about...
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2 Answers | Asked in Patents (Intellectual Property) for Arizona on
Q: I want to use an ice cube bag tray to sell my product that has a patent. Can I still use it without legal issues?

I have seen many of these types of ice cube bags sold on amazon, but I want to clarify if I can fill them with my liquid and sell them.

Timothy John Billick
Timothy John Billick
answered on Jan 7, 2021

To conduct a worthwhile patent analysis, please provide an experienced patent attorney with product photos or samples along with the patent(s) at issue.

Your question is unclear if you are making, using, selling, or offering for sale a patented invention.

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2 Answers | Asked in Patents (Intellectual Property) for Arizona on
Q: Where do I present my provisional patent for school bus

It's a safety system for school buses

Kathryn Perales
Kathryn Perales
answered on Jul 6, 2020

You can learn more about filing a provisional patent application at uspto.gov - there are many resources for inventors there. If you wish to do this yourself, you can use efs-web as an unregistered e-filer. Your documents should be in pdf format. Look into the requirements for micro or small... View More

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1 Answer | Asked in Patents (Intellectual Property) for Arizona on
Q: Why is it that in patent drawings, I do not see the invention depicted as it is being used very often?

Is it bad form in a patent drawing to show the invention being used so there is an understanding of how it works? I have a very simple tool to draw and it is probably not clear from just a drawing of the tool how it is used on a workpiece. If the drawings demonstrate the method of using the tool... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Aug 5, 2019

The reason why we have drawings in a patent is to communicate to the reader what the invention is all about. The drawings are there to support the claims. Whatever you claim, make sure that it is fully supported in the description and drawings.

I think that you are correct that many times...
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1 Answer | Asked in Patents (Intellectual Property) for Arizona on
Q: In claim construction should you use "or" before the phrase "combination thereof?" Some say avoid "or."
Kevin E. Flynn
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Kevin E. Flynn
answered on Aug 3, 2019

Or is a red flag to Examiners so try to avoid it. Sometimes you cannot.

Not sure where you are getting the verbiage "or combination thereof" . That is not a standard way to write a claim. A quick search of US patents found many thousands with the word "combination"...
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1 Answer | Asked in Patents (Intellectual Property) for Arizona on
Q: Can a difference in mechanics of a product keep a company from recognizing that it was my idea 1st?

i have a product design that another company has marketed first. I can prove that I came up with the idea first. The other company's product does the exact same thing in the same way, only I am unsure as to it's inner mechanics making it do so. can that be enough for the other company to... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 7, 2019

It does not matter whose idea it was. A person gets a patent on an invention, not on the idea. They could have come up with the idea subsequent to you, or they could have just copied your idea, it does not matter, you do not have any rights to protect.

The only way that you could sue them...
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1 Answer | Asked in Patents (Intellectual Property) for Arizona on
Q: Can I reopen this patent

I forgot to pay the fee

Kevin E. Flynn
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Kevin E. Flynn
answered on Dec 9, 2018

There are a lot of fees in the process. However, if the fee that you mean is the periodic maintenance fee to keep an issued patent from expiring, you may be in luck.

Many new patent owners forget to pay this fee. If the failure to pay this fee was unintentional as you forgot that you...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Arizona on
Q: I would like to know if patent agent ROBERT VON HECK is still alive and available for business.

I contracted with him in San Diego in the early 2000s.

Peter D. Mlynek
Peter D. Mlynek
answered on Jul 25, 2018

I don't know, but he is no longer listed as a patent agent or a patent attorney on the USPTO's Office of Enrollment and DIscipline's website. https://oedci.uspto.gov/OEDCI/practitionerSearchEntry

This would indicate that he is no longer available for business.

1 Answer | Asked in Patents (Intellectual Property) for Arizona on
Q: What is the difference in a disclaimer of rights to a us patent and a transfer of ownership to an llc.

My husband is applying for a patent and my in-laws are funding it. I do not get along with my in-laws and they want me to sign a disclaimer of rights or they won't help. They say it's just a formality for the patent application and llc. I think its a way to cut me off from any future... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 30, 2018

This really has to do with inheritance rights. I've never encountered it in my practice as a patent attorney. And yes, it sounds like they want to cut you off from any future profit.

I am not suggesting that they are somehow evil people that try to cut off their daughter in law....
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2 Answers | Asked in Patents (Intellectual Property) for Arizona on
Q: If someone started the process of obtaining a patent and did not complete the process can someone else reapply for it?

The original patent application is over 20 years old.

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 22, 2018

No. If it was published, then anyone can use it. Nobody can get a patent because (a) it is not new, and (b) they did not invent it.

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2 Answers | Asked in Patents (Intellectual Property) for Arizona on
Q: Is there a patent for substrate jars for growing "organic" mushrooms?

I have jars that are filled with dirt, vermiculite, and perlite. They are made "sterile" by pressurizing them. Before sterilization, there are holes nailed into the lids of eight ounce Ball Jars and foil placed. They are then ready for innoculation after pressure cooking.

Peter D. Mlynek
Peter D. Mlynek
answered on Mar 18, 2018

Yes, there are patents on mushroom growing substrates. I remember running across some of these many years ago.

But dirt, vermiculite, and perlite are substances that have been used in horticulture for generations. Sterilization of growing substrates has also been done for decades. Based...
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Q: Does this qualify as an intentional infliction of emotional distress.. could I/should I take him to court?

.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 6, 2017

So sorry, your question was posted to PATENTS / INVENTIONS by mistake, you may want to change the topics associated with this question. I hope you find the answers you need.

Kevin

1 Answer | Asked in Patents (Intellectual Property) for Arizona on
Q: I have an idea but I don't have the money or the technical skill to build it and promote it. What can I do?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Sep 23, 2017

It takes a lot of things to bring a new product to market. It takes recognition of an unmet need and a thought on a possible solution. It takes the technical skill necessary to produce a prototype. It takes the technical skill to figure out how to economically make the product and this often... View More

2 Answers | Asked in Patents (Intellectual Property) for Arizona on
Q: Can a paver brick such as a brick used in walkway with names stamped in them be patented?

I understand that a pavers and bricks have been around for eons and in and of itself may not be able to be patented. The idea I have has a unique feature that would allow meaningful integration into many different paving options. I think I need to speak to a patent or trademark attorney before... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 6, 2017

Yes, it could be patentable.

What I mean is that this is the type of thing for which patents are awarded (i.e., it is "patent eligible subject matter").

The problem is that it may be difficult to get a patent, because it may seem obvious to the patent office. Without...
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