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California Patents (Intellectual Property) Questions & Answers
2 Answers | Asked in Copyright and Patents (Intellectual Property) for California on
Q: Does this language dissalow the usage of a two layer collapsible elastopolyer design in hexagon fashion?

"The pillow cushion has a first major surface, a second major surface, and deformable wall members extending between the first major surface and the second major surface. The deformable wall members are located and configured to define voids therebetween such that the deformable wall members... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Dec 2, 2020

I see that what you quoted has more than one period. It looks like you are quoting the abstract. That is not what you need to look at. You need to have a patent attorney review the issued claims and see what they require.

A claim may have 25 nouns and 25 verbs but by law has only one...
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3 Answers | Asked in Patents (Intellectual Property) for California on
Q: hello, would you help me understand this abstract?

A method for interpreting user submitted coupon images is described. A coupon image is received over a network from a user. The coupon image is associated with a coupon. A server system processes the received coupon image to identify one or more coupon matching characteristics. The one or more... View More

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Oct 22, 2020

The invention is about a method to electronically read coupons and match them with coupons stored in a database or send them to real persons to be matched if there is no match in the database.

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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: What is the purpose of submitting an Application Data Sheet with the provisional application? I heard some law firms do.

Is it to provide information not provided in SB/16 cover sheet form such as: Publication Information, Representative Information, Domestic Benefit/National Stage Information, Foreign Priority Information, Authorization or Opt-Out of Authorization to Permit Access, etc.?

Timothy John Billick
Timothy John Billick
answered on Sep 30, 2020

An ADS when properly signed:

Establishes inventorship

Establishes applicant

Presents domestic benefit/foreign priority claims

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: I submitted my patented paint brush Hook to the Wooster paint brush company new products department 3 years ago

After several emails, reviews, and conversations they said that they were not interested,

Today I went to Home Depot and in the paint brush department, Wooster has a paint brush with my design that I submitted to them ,I think they stole my patented design.

Peter D. Mlynek
Peter D. Mlynek
answered on Aug 19, 2020

Well, if a company stole your patented product, then you should be able to sue them. Talk to the patent attorney who got you your patent to recommend a litigator.

Good luck!

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: Need assistance with patent information.

Hello,

Im seeking assistance with the review of some trademark applications I have completed and I'd like to review for accuracy before I submit. I also have a few questions about technology IP; specifically with the use of some thermal imaging products and supporting software... View More

John B. Hudak
John B. Hudak
answered on Jul 16, 2020

Use the Find a Lawyer function on Justia and go from there. Call the lawyers and determine if the work can be completed and ask for a quote.

For some issues you have a wide variety of lawyers to choose from. For federal trademark applications and patent applications, those applications...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Is U.S. Patent No. 6,485,982 expired now?
William Scott Goldman
William Scott Goldman
answered on Jun 27, 2020

After reviewing the abstract online that appears to be the case:

2002-11-26

Application granted

2019-11-26

Anticipated expiration

Status

Expired - Lifetime

Basically, it's a 17 year grant of exclusive rights from the 11/26/02 date of...
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3 Answers | Asked in Patents (Intellectual Property) for California on
Q: My husband is deceased and is a co-holder of patent US7837472B1. As his widow have I any rights under this patent?

The widow of another co-inventor has had her name added to the list of inventors. Can I do this?

Maurice Mandel II
Maurice Mandel II
answered on Jun 19, 2020

You need a consultation with a good "intellectual property" attorney. You can search the internet for one in your area or you can contact the local bar association for a referral to one. This question cannot be answered without a review of all the relevant documents, particularly the... View More

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: 6340334 patentIs there anyway to check if products out today are anything close to our patent?

I did see a couple manufactures last year that make portable boxing rings, don’t know if that would be close to our design? Maybe just improved idea??

Let me know if you have any interest

Thanks

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jun 19, 2020

Jeff,

Google Patents notes that your patent expired in 2006 for failure to pay a maintenance fee. You may want to discuss this with your patent attorney. There are ways to pay for an unintentional failure to pay a maintenance fee to revive a patent that lapsed for failure to pay the...
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2 Answers | Asked in Criminal Law and Patents (Intellectual Property) for California on
Q: Three adult girls provoked my son by hitting him with bats. He took the bat away and hit them back.

He is only 17 and these ladies called cops but took my son to jail.

Dale S. Gribow
Dale S. Gribow
answered on Jun 10, 2020

more info needed.

he will be sent to juvenile court and there he should ask for a public defender or you can hire a private lawyer who practices in your area.

have him prepare a detailed summary ahead of time as lawyers time is expensive.

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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: How does this patent influence our business? (US10610794B1)

https://www.amazon.com/Jasonwell-Sprinkle-Sprinkler-Toddlers-Children/dp/B07LG9CGF1

Peter D. Mlynek
Peter D. Mlynek
answered on Jun 5, 2020

I've looked over the patent and the Jasonwell Play Mat, and am available to discuss it. Please reach out to me.

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Is a new product design consisting of several existing products that are fastened together patentable?

Thank you for your answer, Peter. The intend is to combine several existing products in order to create a single product for a completely different purpose. If I understand you correctly, it will likely be a patentable product in which case I will seek a further consultation with a patent attorney.... View More

Peter D. Mlynek
Peter D. Mlynek
answered on May 29, 2020

Generally, no. Combining several products according to known methods to yield predictable results is not patentable.

But, if your new product is better then would be just a combination of existing products, then the new product may be patentable.

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for California on
Q: Would it be possible to produce, sell and protect a "fake" product, not registered which was featured on an SNL Parody?

While watching a popular late night show, they featured a sketch of an infomercial for a fake product which does not appear to be in production, on sale anywhere and does not show up in a Copyright search, Trademark Search or Patent Search. Prior to obtaining formal legal counsel I would like to... View More

Bill Hulsey
PREMIUM
Bill Hulsey
answered on May 5, 2020

It is possible, but likely that you would need to obtain NBC legal approval. I recall that "Land Shark" halloween costumes have been made. That image and art is an NBC property.

With the right incentive, a deal could be crafted.

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: I am seeking some further clarification on developing a golf addition to corn hole (bag toss/ tailgate game). There is

There is a company out there already producing the game. However, cutting 3 holes in a piece of wood and using a sand wedge to hit balls in the holes is not reinventing the wheel. If I were to produce a similar game for sale to the already existing golf corn hole game "chippo" would I be... View More

Peter D. Mlynek
Peter D. Mlynek
answered on May 1, 2020

This is a pretty specific legal question that you will need to actually hire a patent attorney. Sorry.

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Patent number: 10221618 There is already a patent in place for my idea. How do I apply to use someone elses Patent.

Patent number: 10221618 Baby's Gate by Guard me

Peter D. Mlynek
Peter D. Mlynek
answered on May 1, 2020

You would license the patent from the patent owner. The patent owner may or may not let you license it.

One alternative to licensing the patent is to see if your product indeed infringes the patent in question.

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: What are the different kinds of patents? I'm assuming there are design patents, functionality patents, process paten
Peter D. Mlynek
Peter D. Mlynek
answered on Apr 13, 2020

The vast majority of patents are known as "utility patents." This means that they claims some sort of an invention that is useful and new. It could be a process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.

There are also two special...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: What are the different kinds of patents?

I'm assuming there are design patents, functionality patents, process paten

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 13, 2020

The vast majority of patents are known as "utility patents." This means that they claims some sort of an invention that is useful and new. It could be a process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.

There are also two...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: Can I file for a patent on a product that is already made but doesn't currently have a patent?

For example, I currently sell a Spray Bottle, however, I didn't invent it. If there's no patent on the item, could I file for one? Or would I have to change something about it? If so, is there a way to something about the product to file my own patent for it?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Apr 9, 2020

Patents are intended in reward inventors. If you did not invent the product, you cannot patent it.

You may be able to patent an improvement to the product as long as whatever you do is not obvious to someone that designs spray bottles. But you would need to invent this or pay someone to...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: How long does the patent process take?

For example, I want to file a patent for my Spray Bottle, how long would it take?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 9, 2020

Spray bottle again. If there are no major issues you are looking at two to three years.

If there are a lot of modifications, changes, etc, you are looking at longer and more cost.

Consult with an attorney.

3 Answers | Asked in Patents (Intellectual Property) for California on
Q: What are the estimated costs to file a patent?

For example, I have a Spray bottle I want to file a patent for, how much would it cost?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 9, 2020

Depends on the technology.

Budget around $10,000 to $20,000. More if it is a complex patent and technology, like biomed, software, etc.

Consult with an attorney.

www.legalbizglobal.com

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