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California Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: I would like to patent a 10AA peptide sequence for a spec. application but the sequence is already patented

I found on lens.org that the sequence I want to was already part of the patent of longer AA chains (ex 85). Can I still patent this smaller sequence? thanks

Robert P. Cogan
Robert P. Cogan
answered on Sep 15, 2017

It is possible that a sub-sequence could be considered by itself. A claim on this sub-sequence should be non-obvious in view of the long sequence and be useful by itself. The question only provides enough information to say that it appears that consulting IP counsel would be prudent.

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: I just discovered someone who bought something I patented used it in their own patent

- but it's for a different use. Have they infringed?

Robert P. Cogan
Robert P. Cogan
answered on Sep 8, 2017

It depends on what the claims of your patent recite. See if they describe the other item. Is there a corresponding product? If this answer is not clear to you, it is unlikely that you will be able to address this without consulting a patent attorney.

See the disclaimer at the bottom of this page.

2 Answers | Asked in Consumer Law, Copyright and Patents (Intellectual Property) for California on
Q: Hello. Is the use of magnets, to close shirts together, something I can produce, even though it's been done before?

I see several companies out there doing the same, or similar, basic idea use of magnets to close shirts together. I see Magna Ready says they've patented the use of magnets. But it seems unrealistic, given that it's a utilitarian use for all, that would mean no one else is allowed to use... View More

Robert P. Cogan
Robert P. Cogan
answered on Aug 20, 2017

Patents are awarded for new, useful and non-obvious inventions. At the end of the patent, there are run-on sentences called claims. The attorney and the patent examiner work out an understanding of how many distinctions must be recited in the claims in order to merit award of a patent. To determine... View More

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: Hello. I would like to ask if the japanese red bean cake's shape(somewhat thin cylinder) is patented? Thank you.

The cake has a little bit of similarities with pancakes or waffles. It can be seen on youtube. I think there are patented red bean cake makers/machines out there. I would also like to ask if can I make my own red bean cake maker/machine that makes the same shape of a regular red bean cake(thin... View More

Robert P. Cogan
Robert P. Cogan
answered on Aug 9, 2017

If you are doing this as a hobby, there is a possibility that this might not matter. If you are going to invest money in a new business, it is likely that consulting an attorney would be a good idea. The few facts given in the question seem to indicate that there may be issues involved in addition... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: Are red bean cakes shape and its regular cooking tool patented? They can be seen on youtube. Thank you.

Its shape is somwhat circular and a little cylindrical. Is it ok or legal to start a business like that product?

Peter D. Mlynek
Peter D. Mlynek
answered on Aug 8, 2017

With regards to the "red bean cakes shape", I don't know, but I doubt that someone can receive a strong patent for it. Bean shapes (say r = sin^3(a) + cos^3(a)) have been around for a long time. Moreover, even if someone would be successful in getting such a patent, it would be... View More

2 Answers | Asked in Patents (Intellectual Property) for California on
Q: How long does it typically take the patent office to review a patent?
David E Blau
David E Blau
answered on Aug 4, 2017

The answer varies depending on the type of technology, but generally between 22 and 30 months. However, there is a great deal of variation, even within each area, based on whether there are enough knowledgeable examiners on staff and how "hot" the technology is, among many other... View More

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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: We filed a provisional for our son around June 2016 based on his school science project, can he still file for Patent?

His provisional was based on the science project he did during his middle school using LIDAR sensor and was appreciated in the synosys science fair. We might have crossed the one year rule of filling the patent after filling provisional, please advise.

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

No.

In patent law, missing some deadlines can be easily corrected, for other deadlines, it is difficult to correct, and for some deadlines, it is not possible. Unfortunately, missing a filing deadline to claim priority to a provisional patent application falls into the last category....
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: Provisional patents

Do I lose my right for a non-provisional patent if I file a provisional application and look for a business partner and/or an investor, since on this course I need to disclose details of the invention to several candidates? (I am not interested in 'nondisclosure agreement' option)... View More

Mark David Torche
Mark David Torche
answered on Jun 23, 2017

No, that is exactly the reason you file a provisional application - so that you can disclose your invention once the application was filed.

However, there are a few things to watch out for.

1. Make sure that your provisional application actually covers your invention. I have seen...
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1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for California on
Q: what does this mean: 2017-04-28 ABANDONMENT FAILURE TO RESPOND OR LATE RESPONSE 2017-04-28 ABANDONMENT NOTICE MAILED

thanks

David E Blau
David E Blau
answered on Jun 13, 2017

Abandonment means that an application has been filed with the Patent and Trademark Office, and the Office found some deficiency in the application that requires a response from the Applicant, but the Applicant failed to respond within a set time period so the application has been denied.

An...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: I have an idea to modify a patent. Should I contact the inventor/assignee?

I'm wondering if a working prototype is required to patent my idea or if I can just provide a description and drawings.

Walker Weitzel
Walker Weitzel
answered on Jun 1, 2017

There are two important relevant pieces of law here. First, you are able to patent an improvement on an existing patent. There is no need to ask permission of the underlying patent-holder to file for that patent. Second, a patent merely grants the right to exclude others from making, using,... View More

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Can I patent new protein target and thus new use of an old drug?

The old drug used to have a patent on it but expired years ago. My company found that the drug binds to and inhibits an all new protein target. These findings direct us to explore the use of the drug on diseases that have never suggested for the drug before, hence the new use. I am wondering if... View More

Peter D. Mlynek
Peter D. Mlynek
answered on May 11, 2017

Generally, yes. This is a fairly well-developed area of law, and I’ve drafted such patents on a routine basis for a number of pharma clients.

In the US the claims would take the form of method of treatment

“1. A method of treatment of indication X by applying an effective...
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1 Answer | Asked in Family Law, Adoption, Child Custody and Patents (Intellectual Property) for California on
Q: After adoption is complete, regarding a CPS removal. My mom has my son's and child services are asking me to sign papers

Is there any way I could get a chance to fight for them back,if I dont sign them over.

Ali Shahrestani,
Ali Shahrestani,
answered on May 5, 2017

Were your parental rights terminated? If so, you may be able to re-establish them in time by applying for that in court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

Q: Mother is in a care home. Her husband not my father is living in her house. To protect him from going

after her she put the house in my brother name. But there still a Well. Which we all in it. My two brothers me and my mother husband. California Even though we have an Well and my brother has the house in his name. Does he still have to go by the Well. California Law

Richard Samuel Price
Richard Samuel Price
answered on Apr 22, 2017

I assume that your mother lives in California. If she has a will, then her will only transfers the property that she owns at the time of her death. Therefore, the home in your brother's name is not affected by the will.

1 Answer | Asked in Criminal Law and Patents (Intellectual Property) for California on
Q: The have daughter in jail for something she said didn't happen cops say they have video fan I ask to see viedo
Ali Shahrestani,
Ali Shahrestani,
answered on Apr 8, 2017

Hire an attorney for her. The DA turns over evidence they have to the defense attorney typically at the arraignment. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

2 Answers | Asked in Patents (Intellectual Property) for California on
Q: Similarity between my invention and an existing patent application

Hello. I have invented a rain gauge. After searching for similar patents I found out that an inventor had applied for a patent with some similarities. In fact one of the ideas which I have used in my invention has been previously introduced by an inventor. However my invention includes several... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 11, 2017

See: https://www.uspto.gov/patents-maintaining-patent/patent-litigation/about-patent-infringement

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,...
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1 Answer | Asked in Family Law, Child Custody and Patents (Intellectual Property) for California on
Q: Can what my ex be enough proof or reason for me to get fullcustody of our 12 yr old son?

Our son I've raised most of his life my ex went behind my bk in 2015 after I allowed him to take our son for the school yr. We did mediation and willing agreed to me having my son 30percent of the time.By Dec my son returned home cuz that what he wanted. So from January to August he was with... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 17, 2017

Child abductions can be reported to the police. Custody decisions disfavor abductions. You can file for custody and visitation in Family Law Court and file a simultaneous temporary restraining order. Forms are available online at courts.ca.gov. More details are necessary to provide a professional... View More

2 Answers | Asked in Patents (Intellectual Property) for California on
Q: How do I find out if a product has had a patent filed on it?

I am looking for any patents that exist on a 'piano chord computer' which provides the ability to dial in the 'chord' (Am, C#, etc.) and it will read out the layout of the chord on a piano.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 13, 2017

You can hire a patent search company or patent lawyer who also provides that service. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

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1 Answer | Asked in Patents (Intellectual Property) and Family Law for California on
Q: How can I find out if my ex-husband is receiving royalties from his multiple patents?
Peter D. Mlynek
Peter D. Mlynek
answered on Feb 10, 2017

If he has any stream of income from patents, he needs to declare it on his taxes just like any other income. But, unlike assignments, license royalties are not recorded; there is no database of how much a patent owner gets paid by others.

You are likely going to have to go through your...
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1 Answer | Asked in Family Law and Patents (Intellectual Property) for California on
Q: I live in st. Lucia however my son as born in NY, he is now 14 years. How can his 21yr old sister in CA be his guardian

He needs to attend high school in California while at his sister as I am not able to join them both as yet. How do I proceed to make his sister his guardian ? She in in full agreement with this.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

She can file for guardianship rights. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... View More

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for California on
Q: I would like to open an iv infusion service called REVIVE but there's one called REVIV but not in my location - problem?

The other company is multinational nearest location is LA - but we are near SF - is that violation?

Peter D. Mlynek
Peter D. Mlynek
answered on Jan 27, 2017

You may want to look for a different name.

If the other company is a multinational company, then the company most likely already has a registered trademark on the term REVIV. See, http://tmsearch.uspto.gov/bin/gate.exe?f=searchss&state=4802:95aqge.1.1 If so, and if your service is...
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