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California Patents (Intellectual Property) Questions & Answers
2 Answers | Asked in Patents (Intellectual Property) for California on
Q: Have letter from Navy regarding Patent Off misspelling my brother's name on his patent, no correction found, next step?
Peter D. Mlynek
Peter D. Mlynek
answered on Apr 3, 2018

That patent has expired a long time ago. It is no longer relevant. I've never heard of anyone correcting an expired patent. It would be like correcting the spelling of a name on an apartment lease that you had 20 years ago.

Now, it may be possible to correct your brother's...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: Do I have to file a provisional patent or can I file a nonprovisional patent right away?

My provisional patent expired 2 months ago.

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 2, 2018

If your first provisional patent application expired, then it is as if it did not exist. It is gone.

Typically, I recommend skipping a provisional patent application and filing a non-provisional patent application right away. However, there are a number of instances when filing a...
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1 Answer | Asked in Business Law, Patents (Intellectual Property) and Products Liability for California on
Q: Is this patent in effect, or has it just been applied for? can i get sued for selling this product before patent grant?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Mar 28, 2018

So sorry, your question as posted did not include a number for a patent or a published application.

You may want to re-post. Your question is not really one for Business Law or Product Liability (litigation re hurting people with your product). Your initial question is a pure patent...
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2 Answers | Asked in Copyright and Patents (Intellectual Property) for California on
Q: Is there a patent on the red rubber logo on the front? or can i make a speaker with a logo on a red rubber square?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Mar 26, 2018

A logo to identify the source of a product would typically be covered by a trademark rather than a patent. You marked this question as dealing with copyright and patent but you need to seek trademark advice.

There is a tiny chance that they sought a design patent that would be relevant....
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1 Answer | Asked in Adoption, Patents (Intellectual Property), Probate and Trademark for California on
Q: Is it possible to inherit you're grandfather's assets in you're the only heir but we're adopted at birth .
Bill Sweeney
Bill Sweeney
answered on Mar 17, 2018

You should retain counsel to review the facts including intestate and testate issues. Generally, adoptees can take through intestate succession in the same manner as naturally born children. Prob C §6450(b). However, if there is a question regarding legal adoption you should have your counsel... View More

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: my name was transcripted to english differently. is there a way to correct get all patents under one name?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Feb 27, 2018

Your name can be corrected. The path varies on whether your name is there as assignee or inventor.

ASSIGNMENT -- It is fairly easy to change the name of the assignee. https://epas.uspto.gov/epas/p.jsp

Companies change their names all the time so you can file a name change. You...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: How can my invention idea is safe?

Hello.

How can I be safe with my invention when I give all my information to a lawyer, thinking he can send this information, anytime, anywhere he likes, without me having a chance to verify if he did that?

Thank you.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Feb 22, 2018

Great question. The question is really no different than how can you trust someone that has signed a non-disclosure or non-use agreement? In either case someone can sneak around and do what they are not supposed to do.

A patent attorney is regulated by two sets of rules. The attorney...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: How do I know if I should file for a patent or go with the trade secret route instead?
Karima Gulick
Karima Gulick
answered on Feb 16, 2018

It really depends on your business, invention, and product or process. There is no one size fits all answer for this. Is your intellectual property even patentable? Would you want to license it or keep everything in house?

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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: When I file for a PCT, how long will it take for an examiner to review and issue an office action?

Being a startup, I need to extend my funds as long as possible. I would like to know how long after I file the PCT that an examiner would issue an office action so I can prepare for this fee. I understand its between the PCT filing till 18 months where I need to selection which country, but is... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Feb 14, 2018

If you file a PCT application in February 2018 (without claiming priority to an earlier application), the International Search Report and the Written Opinion will be issued by November 2018 (PD+9mo). If the PCT application claims priority to an earlier application filed a year earlier (February... View More

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: How broad of a patent can you get?

Creator of milestone blanket has a patent pending for the design which is a cloth with numbers (1-12) and the words "months" "weeks" or "days" on them. Can this broad design be patented just for them to make?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Feb 13, 2018

The idea that is patent pending, may deal with a way to efficiently make the product rather than the product features. So it is hard to know exactly what is pending. There may be a near-worthless provisional patent application pending that they filed themselves. Technically, the status is patent... View More

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Can you patent a mix of natural organic compounds that will be used in a balm? Basically a specific recipe.
Peter D. Mlynek
Peter D. Mlynek
answered on Jan 22, 2018

Yes. This is done all the time.

Most of my practice is getting patents on mixtures of known compounds. Of course, it is not always easy, but if your lip balm is really something new, then you should be able to get a patent.

Good luck!

1 Answer | Asked in Family Law, Child Custody, Patents (Intellectual Property) and Probate for California on
Q: My exwife just passed now my oldest girl is trying to take control of what happens w/my son what do I do to get him home

I've been separated from my life for 8 years I have been paying child support the entire time she just passed now I'm normally I know that custody goes to the surviving parent well my problem is my eldest daughter is tryin to have my son live with her instead of him coming with the me she... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 17, 2018

Go to court.

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: where do I start with my invention idea
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jan 8, 2018

My suggestion is that you start out by looking to see how close the prior art is to your invention. A good place to start looking for relevant prior art is to check the US patents and published applications. Here is a link to a slide set to get you started. http://bit.ly/Patent_Searching... View More

2 Answers | Asked in Patents (Intellectual Property) for California on
Q: How long does a patents last?

I had a similar idea to this product clearplex.

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

If you were to file a patent application on your invention tomorrow, then the patent would expire in 20 years from tomorrow.

(Of course, you have to make sure that you take all the needed steps to make sure that it actually does become a patent and that you pay the regular maintenance...
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Q: I'd like to know if CBD is considered illegal by the federal government,then why can they have a Patent on it?
Karima Gulick
Karima Gulick
answered on Nov 28, 2017

Even if fully compliant with California law, Cannabis and CBD is still a Schedule I drug under the Federal Controlled Substances Act.

It really depends on which product you are trying to patent. If it's a cannabis related substance, chances are you won't get any patent on the...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: I want to know whether my US design patent can be protected in EU country or Canada?

I also want to know if someone sold products with my design before my design patent certificate registered, can I accuse him as infringement after my patent registered? If not, what else can I do to stop him selling products with my design patent?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 21, 2017

This question merits a patent attorney sitting down with you to go over the particulars so that you get the right answer.

Here are some general points that may help you get ready for this discussion.

1) Your design patent cannot stop someone from making something that they were...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: When is a patent assigned? Is it when the original utility patent is filed? Or is it when the patent is granted?
Peter D. Mlynek
Peter D. Mlynek
answered on Nov 13, 2017

A patent can be assigned at any time. It can be assigned when filed, or when issued, or many years after it is issued, and even before any invention is made (such as in an employment agreement).

2 Answers | Asked in Child Custody and Patents (Intellectual Property) for California on
Q: Do I have to get a legal document for my son to play sports in Alabama

He's already there with grandparents and they have enrolled him in school with my notarized letter

Martha Bronson
Martha Bronson
answered on Nov 3, 2017

It depends on a host of things. Where do you live? Is the father in the picture and does he consent? What are the reasons for him being in Alabama with the grandparents, rather than with you?

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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: Should I fight this? I was working on a patent when we sold our company

and now I'm being told they own the IP - but I've been working on this for several years - before I even started working for the company.

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

When a company is sold to a new owner, the new owner generally buys the whole business, including all the assets and all the liabilities. That includes all the products, all patents that go with it, all the products that are in development but not yet on the market, and all the IP that may or may... View More

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Q: Can I use words like "remix" and "original" on a t-shirts if they are registered here: Serial Number 87317107.

Original and remix sounds like generic worlds to me. Or it is not? Can someone register "Merry Christmas" and sue everyone for IP infringement if they print t-shirts with "Merry Christmas"? Can I start selling t-shirts with name "Original" and "Remix" in a... View More

Karima Gulick
Karima Gulick
answered on Oct 5, 2017

A look into the registered mark shows that the trademark is for the sentence: "THE ORIGINAL, THE REMIX, AND THE ENCORE".

I don't see this being an issue for having words like "original" or "remix" printed on a t-shirt.

If you have any other...
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