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California Patents (Intellectual Property) Questions & Answers
Q: Does the 3day right of recission apply to employment agreements/contracts? I'm a new hire as of monday & want out.Thanks

I feel highly uncomfortable with the legal language on the employment agreement/contact..which included language regarding employers rights to patents even into the future when I'm no longer employed by them. They also have an arbitration requirement. It also states that any amendments must... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 17, 2017

Have a lawyer review the contract terms and discuss your concerns. If you're that worried, maybe the job is not a right fit for you. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal... View More

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: What is preventing a lawyer to accept all patents ideas from clients regardless if he thinks it will pass or not?

I found a patent lawyer through lawyers.com, and spoke to him on the phone regarding my patent. While talking about fees, I mentioned that his patent search fee was a bit expensive but he said based on my knowledge and personal search which seemed in depth, we would not need to include this fee. He... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Dec 10, 2016

Well, of course, a patent lawyer wants to have patents issued on applications that he/she drafts. But it is never guaranteed that a patent application will be granted, and likewise, it is generally not certain that someone's genuine invention is unpatentable.

However, to answer your...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Hello, I am interested in buying a patent owned by Autodesk, Inc. and would like to know about a good price to offer.
Peter D. Mlynek
Peter D. Mlynek
answered on Nov 22, 2016

That's a business question, not a legal question. You need to speak to someone who is familiar with the business.

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: How can I sell my patent

I want to sell my patent for 1.5 M. I offer to couch every step on developing and production.

Peter D. Mlynek
Peter D. Mlynek
answered on Nov 22, 2016

You sell it just like any other property, be it a car, a factory, or a book. This is NOT a legal question, but a business question.

Good luck!

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: So if Powerhandz (registration #: 4971674) has a patent. Does it mean no one can create a weighted gloves for bball?

What exactly does this patent restrict?

Peter D. Mlynek
Peter D. Mlynek
answered on Nov 21, 2016

The patent does not look right. US patent 4,971,674 is directed to Magnetron sputtering method and apparatus, and it has lapsed.

But to answer your question in general terms: If Powerhandz gets a patent on weighted gloves for bball, it would prevent others from making and selling such...
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1 Answer | Asked in Family Law and Patents (Intellectual Property) for California on
Q: The mother of my son saying that she is not receiving childsupport. But every week there taking money from my check.

How cant find out if she is not lying to me.

Andy Chen
Andy Chen
answered on Aug 17, 2016

There's no way for you to find out, although I would guess she is likely just messing with you. I would contact the child support garnishment people in your county to see whether they are sending money to her regularly. The important thing is you have paychecks showing money is being taken out... View More

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: I was wondering if a Patent ever expires,

Patent filed: Jun 14, 1991

Date of Patent: Feb 1, 1994

Changi Wu
Changi Wu
answered on Jan 18, 2016

Generally, utility patent is valid for 20 years from the date of filing, and design patent is 14 years from the date of grant. However, if the patent has claimed a priority date prior to the filing date, the 20 years will be calculated based on the priority date, which will make the patent expire... View More

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Does "easy open envelope" patent still exist

I have never seen it in any stores with cards that people buy for birthdays, holidays, graduation, etc. If it's not in use I would like to be the one to capitalize on this opportunity

Adam Studnicki
Adam Studnicki
answered on Aug 30, 2015

You can search patents the uspto.gov site and there are companies that provide patent search services. A local patent lawyer can advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Hi, I'm looking at a patent on this site. In the "Type:" section it says "Application". Does that mean still pending?
Adam Studnicki
Adam Studnicki
answered on Aug 30, 2015

On this site? You can search patents on the uspto.gov site. A local patent lawyer can assist.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: I'm the patent owner, someone is making my patent without me knowing, what is my next step
Mr. Robin Mashal
Mr. Robin Mashal
answered on Dec 28, 2014

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you are aware of someone infringing on your patent, you need to immediately bring an action against the infringing party for your damages and for an order preventing further...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Does an active patent registered in the USA (Patent number available) applicable to Great Britain?
Mr. Ilya Libenzon
Mr. Ilya Libenzon
answered on Feb 26, 2014

no, patents are regional in their effect, which means that if you have a U.S. patent, you can stop others from making, using, offering for sale, selling your invention only in the U.S. To be able to do the same in the Great Britain, you would need to have a GB patent, or EU patent.

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: I'm looking at a Patent Application ( #20120291885). How do I know if it has been issued, or if it's pending?Thanks!
Mr. Ilya Libenzon
Mr. Ilya Libenzon
answered on Feb 26, 2014

you can check the status at the public pair using an application number and then for more details, you can go to the Image File Wrapper (IFW) by clicking on the IFW tab

http://portal.uspto.gov/pair/PublicPair

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Is a patent that has expired public domain

None

Mr. Ilya Libenzon
Mr. Ilya Libenzon
answered on Jul 28, 2011

When patent publishes it is open/available to the public in exchange for a right given to a patent holder to exclude others from making, selling, offering for sale, etc. Upon expiration of a patent term, the patent holder has no right to exclude others anymore, but the patent itself remains in a... View More

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