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Arizona Patents (Intellectual Property) Questions & Answers
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... Read 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... Read 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
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... Read 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
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... Read 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
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
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... Read 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... Read 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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