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Colorado Patents (Intellectual Property) Questions & Answers

2 Answers | Asked in Patents (Intellectual Property) and Trademark for Colorado on

Q: How much does an application for a patent and trademark for an industrial process cost.

This question is based on a fake model part of an educational module. Due to the limited resources available to obtain such information, I am looking for rough estimates of the costs I should expect. Since the model is not realistic many factors are excluded.

Peter D. Mlynek answered on Apr 14, 2019

A patent costs around $20,000. It could be as little as $10,000, or as much as $40,000 or more.

A trademark will cost about around $800 to $1500 to get.

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2 Answers | Asked in Patents (Intellectual Property) for Colorado on

Q: Old patents claim using a specific methylated (CH3) DNA as diagnostic. New method measures overall CH3 (no seq). FTO?

The old methods isolated unique sequences and showed that CH3 status of the sequence was important. The new method looks at all CH3 at once without any regard to sequence. It can be argued all patents looking at CH3 of specific sequences teach away. The new method does not identify any... Read more »

Peter D. Mlynek answered on Apr 3, 2019

From your brief description, it sounds like you are OK. But it really depends on what the claims recite. If it calls for isolation of unique sequence, and you do not perform that step, then you are not infringing. But if the claims are simply directed to measuring methylation of a specific gene... Read more »

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1 Answer | Asked in Patents (Intellectual Property) and Trademark for Colorado on

Q: I'm starting outdoor business. I'm ordering knives, military backpacks, etc, from vendors in China. Patent issues??

I'm worried about current patents and if I'm putting myself in jeopardy by offering these products?

Kevin E. Flynn answered on Mar 25, 2019

It is possible that by selling products made off-shore that you may be infringing a US patent claim that is from an unexpired US patent. A US patent can be used to prohibit someone from making, using, selling, or offering to sell a product that is covered by one or more patent claims of an... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Colorado on

Q: Do I Need 2 Utility Patents, or can I get away with only filing 1 with the 2 different functions but same, Field Sock.

Field Sock is attached 2 main sock & my 2nd design, the Field Sock is not attached to main sock.. I'm selling them as 2 different utility socks that serve different functions.

I have a provisional patent & in process of filing for Utility Patent.

Kevin E. Flynn answered on Feb 28, 2019

The USPTO Examiners have the option to say -- whoa -- you are asking me to do more than one patent's worth of work as there are more than one invention here. They can request that you seek to restrict the current application to just one claim cluster and leave other claim clusters for you to chase... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Colorado on

Q: My sister & I would like to learn if we may have royalties from our father Russell W. Walters' patents.

Many of our Dad's patents are being used & manufactured. We have original blue prints, etc to prove our Dad's patented designs. There is a company called Esmet in Canton, OH manufacturing his high security devices. I designed the Tufloc logo for my Dad's devices & company in aprox.1970. Dad... Read more »

Peter D. Mlynek answered on Jan 13, 2019

Sorry to be the bearer of bad news, but there is likely not much that you can do. A couple of notes:

(1) The point of a patent is to give the inventor the right to exclude others for a limited time. Thus, if your father obtained a patent for his invention in the 1970s, the patent has...
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2 Answers | Asked in Patents (Intellectual Property) for Colorado on

Q: Has my patent expired? EVAPORATE. Dietary and nutritional supplements. Owned by: JD Korp Inc. Serial Number: 77484779

Peter D. Mlynek answered on Oct 23, 2018

It looks like this trademark is abandoned.

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1 Answer | Asked in Estate Planning, Real Estate Law, Patents (Intellectual Property) and Probate for Colorado on

Q: if my grandparents had legal custody of me when I was kid do I have say over the living will if they have passed

My grandparents had legal custody and guardianship of me and my brother when we were kids up until I turned 18 they're passed away and my uncles are trying to evict me from the home I live in which is my grandparents do they have the right evict me from her home even though she said I could stay... Read more »

Ashley Dean Powell answered on Sep 8, 2018

The short answer: you probably have an uphill battle.

One very fundamental value of estate planning is the opportunity to express your wishes in writing (through a will or trust instrument, for example) so that there will not be disputes after your death (or, at least, there may be less...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Colorado on

Q: How do u find out if someone has a patent on a wooded kite?

Kevin E. Flynn answered on Jun 17, 2018

The only way to know is to search. Even if you search you may have some small risk that a patent application is ahead of you in the pipeline but is not visible yet. However, searching is the commercially reasonable way to reduce your risk of running into a problem.

One strategy is to...
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1 Answer | Asked in Consumer Law, Contracts, Business Law and Patents (Intellectual Property) for Colorado on

Q: CRM software company trying to charge extra $500-$1000 for me to export my customers' info when I cancelled the software

The terminology in their Terms of Use include: "You have the right to Your content within Your Agemni Site. You may, at Agemni’s discretion, be subject to a fee to export that content including but not limit to any outstanding payments or fees that are due."

However, they do not mention... Read more »

Kevin E. Flynn answered on Jun 13, 2018

I do not see a patent issue here. I hope you find an attorney with the right background to help you. Ideally, this would have been something you worked out before you populated the site with data that you need.

You may want to Google around to see if others have dealt with this issue or...
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1 Answer | Asked in Patents (Intellectual Property) for Colorado on

Q: Where might I go to look up a law firm from the late 1800s?

I believe they were patent attorneys, as the firm name appears on several musical instrument patents around the stated time. Internet searches are futile, no matter the wording!

Kevin E. Flynn answered on May 15, 2018

My suggestion is that you find a Martindale-Hubbell directory for New York state from the appropriate time period.

I have never needed to look back that far but according to Wikipedia, Martindale-Hubbell was founded in 1868 so there may be a directory....
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1 Answer | Asked in Patents (Intellectual Property) for Colorado on

Q: hi i have a patent and am wanting to do something with it but it runs out in march

Kevin E. Flynn answered on Feb 12, 2018

I am guessing that you have a pending provisional application that has a one-year anniversary in March. If you do not file a non-provisional application by the one-year anniversary, the provisional application will simply expire.

So your options are

1) File a non-provisional US...
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1 Answer | Asked in Family Law, Child Support, Patents (Intellectual Property) and Probate for Colorado on

Q: If the house deed is on my name can my father's girlfriend be entitled to anything?

My father put my name on the house deed like 2-3 years ago it's still processing, but a few weeks ago he brought his girlfriend to live with us. She hates me and tries to make everything hers, if after a couple years or if my father pass will she be entitled to anything here? Or can I put her out?... Read more »

Tristan Kenyon Schultz answered on Aug 10, 2017

Only people listed on the deed have a legal interest to the property.

Your father can gift his interest in the property to the GF. Similarly, your father can devise his portion of the home to the GF in a will.

If there are no wills intestate rules apply. For instate purposes, the...
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2 Answers | Asked in Copyright and Patents (Intellectual Property) for Colorado on

Q: I'm looking for the "Potty Rider" patent

The website is vague but says it has a US patent. I have a slimier design but need to be sure im not violating any patent laws

Tristan Kenyon Schultz answered on Jun 15, 2017

You can check the USPTO website. Be aware that the PTO may not list all pending patents.

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1 Answer | Asked in Patents (Intellectual Property) for Colorado on

Q: If Authentication Holdings LLC fails, what action is required to cancel the assignment? -an Inventor.

Tristan Kenyon Schultz answered on Feb 27, 2017

If this about an assignment of a patent, your primary concern is the enforceability of the assignment agreement. First review the assignment agreement for things like termination, reversion of interests, etc. If the assignment was completed (signed with performance), the company owns the patent and... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Colorado on

Q: I have a box of my grandfather's patents from the 1940's. Do these have any value?

The types of patents included water desalinization and also many patents for improving parts for the automobile.

Tristan Kenyon Schultz answered on Aug 14, 2016

Utility patents (i.e. desalinization and car parts) last for 20 years from the priority or filing date. They also require maintenance fees to remain active (if the payments are missed, they cannot be retroactively paid for). You can check the PTO website, but it is very likely the patents have all... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Colorado on

Q: My patent was stolen by a relative while I was planning, the idea should I sue him?

The individual wanted to be apart of the idea, and once I told him no he begin pursuing it on his own. Before I could file my patent I became very sick from the stress I endured from him stealing it. He was awarded a patent from the uspto, but he put it in his brothers name so no one knew he was... Read more »

Robert Jason De Groot answered on Nov 5, 2015

Probably, but you need to have a full discussion with a patent attorney about this.

1 Answer | Asked in Patents (Intellectual Property) for Colorado on

Q: how different must a product be from another product already patented?

Adam Studnicki answered on Aug 30, 2015

This is a very fact-specific analysis. A local patent lawyer can review your specific situation and 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 education only. It is not legal...
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1 Answer | Asked in Patents (Intellectual Property) for Colorado on

Q: 10 years ago I sold the patent rights to a U.S. corp. Can I now re-assert my ownership rights to the patent overseas?

Mr. Ilya Libenzon answered on Feb 26, 2014

you need to examine your assignment agreement -- most likely, you assigned all the rights so you cannot re-assert your ownership rights unless you execute another assignment transferring the rights back to you

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