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California Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Does this patent prevent me from designing a reversible razor that changes the razor gap, not the blade angle?
Kevin E. Flynn
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Kevin E. Flynn
answered on Sep 20, 2018

Sorry, the question as passed on to attorneys does not include the patent number. The answer to the question is based on what is in the issued claims. Not the title, not the drawings, not the specification, not the initial set of requested claims but only what is in the issued claims.

I...
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3 Answers | Asked in Patents (Intellectual Property) for California on
Q: What types of products can be patented?
Peter D. Mlynek
Peter D. Mlynek
answered on Sep 14, 2018

A process, a machine, an article of manufacture, or composition of matter, or any new and useful improvement thereof. 35 USC 101

Almost any new and non-obvious invention can be patented. You can't patent things like new mathematical formulas, or something that is just purely a mental...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Hi, I'm trying to figure out if Open Table patents apply internationally, or only in the United States. Thank you
Peter D. Mlynek
Peter D. Mlynek
answered on Sep 11, 2018

A patent is good only in the jurisdiction that granted that patent. So US patent is good only in the US.

Now, it is possible that Open Table filed the same patent in other jurisdictions. Usually, these patents have the same inventor, and the same priority. You may search for them at...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: Snapchat's patent. What is legal?

I am an app developer. I have a few questions regarding Snapchats patent owner rights. Patent no.: US9407712B1 claim 1 states in english that no other application can use automatic deletion for an ephemeral object (a picture). Does this mean that no other app can use the function where you can send... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Sep 10, 2018

To answer this correctly, a patent attorney would need to read not just the claims but also the complete specification and likely at least a portion of the documents exchanged back and forth with the patent examiner in response to initial rejections of the claim.

This sort of very detailed...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: Can I get a patent for a business model?

I have a solution for sound free providing of mobile power for larger applications.

Peter D. Mlynek
Peter D. Mlynek
answered on Aug 26, 2018

Yes, that sort of a solution to a technical problem should be patentable.

From your question that this might not even be a business method subject matter (which may or may not be patentable), but a technological solution to a scientific or engineering problem (which would be patentable...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Would it be okay to use this specific patent, https://patents.google.com/patent/US20120085587 ?
Peter D. Mlynek
Peter D. Mlynek
answered on Aug 21, 2018

That patent case is dead. No reply to the first office action was ever filed, so the patent application went abandoned. You should be able to practice what is described in the invention.

From the engineering point of view, the invention makes no sense (unless you are a believer of...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: If a patent is abandoned, can someone use the patent?
Peter D. Mlynek
Peter D. Mlynek
answered on Aug 18, 2018

Yes. That's the idea behind patents -- inventors get a patent for their invention, which gives them the right to exclude others from using their inventions, but when the patent expires or is abandoned, other people can use it. You have to be careful that the inventor does not revive the... View More

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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: Are there any types of inventions that can't be patented?
Peter D. Mlynek
Peter D. Mlynek
answered on Aug 10, 2018

Yes. This happens all the time.

For example, if you invent something that already exists or was already published, then you cannot patent it because of 35 USC 102. Or, if you did not invent it, then you cannot patent it either.

Or, if you invent something that is obvious in view...
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1 Answer | Asked in Patents (Intellectual Property) and Trademark for California on
Q: What kind of rights would I need so nobody can duplicate my idea or what I’m want to do.

I want to create a toy or some kind of figurine of a public figure (not a celebrity)that hasn’t been created yet. As far as my knowledge they don’t have a patent or a trademark on it.

What kind of rights do I need so I can protect my idea and get royalties if it’s every duplicated

Peter D. Mlynek
Peter D. Mlynek
answered on Jul 19, 2018

This is going to be a bit tricky since you are in California. The reason is that California has a law about the Right of Publicity (Calif. Civil Code 3344), which prevents a person from appropriating for his/her own advantage another person's name or likeness. This is somewhat unique to... View More

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: I have a question on this new patent. D822147

This product is called hookup caits which consists of a jig head stuck inside a molded plastic tube.

Peter D. Mlynek
Peter D. Mlynek
answered on Jul 15, 2018

So, what is your question?

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: Is it possible to patent the concept of a (Latin/Christian) cross being a zipper puller? Has it been done?

Unsure if custom fashion hardware can be patented , unsure if custom zipper pullers can be patented, unsure if religious symbols can be patented.

Camille Brooks Ibrahim
Camille Brooks Ibrahim
answered on Jul 11, 2018

Custom zippers can be patented as far as religious symbols it depends on a few factors.

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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Why are there so many publication numbers for the same abstract? Would the type say "Patent given" if that were the case

Assuming these are just multiple attempts in getting a patent

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jun 29, 2018

Hard to answer as your question as conveyed did not include any indication of the patent family. Sometimes one patent application leads to several applications as the USPTO has a request for the applicant to pick one of several claim clusters in the original application. For example choose... View More

2 Answers | Asked in Products Liability and Patents (Intellectual Property) for California on
Q: I have a idea/ invention. I am a simple man no money. Can I just sell my idea streight to a company

It involves the paint industry an there's already one of my ideas in home depot I thought of decades before it came out. It with be the new wave of painting

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jun 5, 2018

It is possible to sell an idea to a company but it is difficult without a patent or at least a patent application so that you have something to sell.

The company could seek a patent listing you as an inventor but it may be hard to get traction with them. Many companies will not talk to an...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: Does Patent number: 6565562 expire this year in September? Will Abbot be able to manufacture this device?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jun 4, 2018

Patent term is more confusing than it should be. The one part that is simple, is that patent term is not a function of the technology. There is not a way for the applicant to apply to extend the patent term (unlike trademarks or copyrights). (but as noted below, there are things that can shorten... View More

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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: how to check in this site if anybody has cited my patents? is it possible to check here?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jun 4, 2018

See my searching tips on forward chaining in my slide set on patent searching -- http://bit.ly/Patent_Searching.

Google Patents shows the patents and applications that cite to a particular patent.

I hope this helps.

Kevin E Flynn

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: I have questions regarding the jack g ohringer patents
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 20, 2018

There are only two in the Google Patent system for that name but sometimes folks use a formal legal name when filing legal documents.

Here is a link to the two that show up as Jack

https://patents.google.com/?inventor=jack+g+ohringer&oq=jack+g+ohringer+

It is not clear...
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1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for California on
Q: How do I trademark my business and a phrase?
John Espinosa
John Espinosa
answered on May 12, 2018

Learn all about it: https://www.uspto.gov/trademarks-getting-started/trademark-basics

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: What is the procedure to edit my name on a patent that is filed & how soon can i get it done?

I am concerned about my privacy and do not want my name showing up on searches for the patent filed. What is the procedure to edit my name on the patent and how soon can i get it expedited?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 7, 2018

Part of the patent process is accurately listing the inventors. So deleting your name if you are truly an inventor would be against the rules. If you wanted to preserve privacy, you might have been able to provide a work address instead of a home address.

If you used a non-publication...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: I read my patent has to be "novel" - but my idea is building off of

something else that already exists - how would that work?

Peter D. Mlynek
Peter D. Mlynek
answered on May 4, 2018

That is fine. Pretty much every invention somehow builds on what already exists.

But not only does your invention be new (novel, i.e., nobody has ever made the same thing), but it has to be really new (nonobvious, i.e., nobody could have come up with the same thing knowing what they...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: Now that I've been granted a utility patent on my exercise device,

do I have the right to go after other similar devices?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Apr 11, 2018

If your patent has issued and is still in force, then you can prohibit others from making, using, selling, or offering to sell devices within the United States that fall within your patent claims.

To the extent that you have information about potentially infringing activity, you should...
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