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Illinois Patents (Intellectual Property) Questions & Answers
2 Answers | Asked in Business Law and Patents (Intellectual Property) for Illinois on
Q: If I design a product that uses another person's patented component within my design, what permissions do I need?

I am creating a product (a stand for giant marquee letters) for my company that uses someone else's patented magnet as a component. What type of copyright/patent permissions, if any, do I need from the magnet company?

T. J. Jesky
T. J. Jesky
answered on Sep 11, 2022

I agree with Attorney Michael Ray Smith. First, contact the company/person who owns the patent. You can find the owner at www.uspto.gov.

Once you contact the owner, enter into a dialogue that you are interested in his patent. You can make an

offer to buy it, or you can enter into...
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2 Answers | Asked in Business Law and Patents (Intellectual Property) for Illinois on
Q: If I design a product that uses another person's patented component within my design, what permissions do I need?

I am creating a product (a stand for giant marquee letters) for my company that uses someone else's patented magnet as a component. What type of copyright/patent permissions, if any, do I need from the magnet company?

Michael Ray Smith
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Michael Ray Smith
answered on Sep 10, 2022

Note that I am not licensed in Illinois, and that none of the answers to questions in this forum should be considered legal advice.

You may need a license from the company that owns the patent and any other intellectual property rights, but maybe not if you simply buy the other...
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Q: so a land patent protects the property within the land patent if the holder steps foward
James G. Ahlberg
James G. Ahlberg
answered on Feb 1, 2023

I don't mean to sound rude, but you've made a statement rather than asking a question. Do you have a question? You'll want to use somewhat correct terminology. A "land patent" typically refers to the initial grant of a piece of land by the government to an individual or... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Illinois on
Q: If I’m a minor and my dad hits me and I report it. Why do I have to return to my household? Does it mean it’s not serio?

Will my dad serve time if cpfs says we just need family therapy?

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 28, 2022

I am so sorry that you are having this problem but you posted your question to PaTent attorneys that deal with inventors and inventions.

You need to post this question to people in your state that know the relevant material. I suggest that you start with Family Law. There may be other...
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1 Answer | Asked in Consumer Law, Copyright and Patents (Intellectual Property) for Illinois on
Q: For US patent law, if you make an item that you've never seen a patent law for, is it illegal?

A friend group I had came up with an idea of a motor that can run itself. We would be able to run things off of said idea and it would be borderline free energy. With people having ideas for a hundred years, I doubt that someone has came up with this exact idea. If we were to move forward and... Read more »

Kevin E. Flynn
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Kevin E. Flynn
answered on Jan 31, 2022

Your question in a general sense is does it matter whether or not you have seen a patent for an idea before you start selling a product covered by that patent.

The answer is that you are liable for patent infringement to the owner of the earlier, unexpired patent whether or not you had...
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2 Answers | Asked in Patents (Intellectual Property) for Illinois on
Q: Good morning, I would like to ask you if software or algorithm can be patented. Thank you for your time.

We have developed a new solution that is related to the way in which a device is able to analyze the data.

Kevin E. Flynn
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Kevin E. Flynn
answered on Oct 11, 2021

There are many types of software. Some software running on a general purpose computer is the glue that holds together a business that works with people to achieve a purpose. While this software is important to the business, if it is merely a reflection of how the people interact together, then it... Read more »

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: What is IP/patent ownership assignment when filing a patent application?

I submitted a good patent with my *previous* company. And now as a part of filing, they sent me an "assignment" PDF file to sign which is odd to me and I never had an experience with signing such a file (I was going to sue the company so I'm a bit suspicious about their request).... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 29, 2021

Basically they want you to give them the patent.

Depending on your employment contract they may have rights to it already.

Consult with an attorney.

Q: Bout identity theft. Ant inheritance

My gmaw passed away an I was post to get one fifth of the inheritance. I was in prison. Now they say that it all got stolen an there is nothing I can do. I no my mom got my gmaw van n lost it n my sis got a few things I never received anything. They haven't ss# n all my info I think they might... Read more »

Kevin E. Flynn
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Kevin E. Flynn
answered on Aug 4, 2021

I am so sorry that this happened to you. Your question went out to attorneys that file patents for inventions. There is not a category for paRents which is what you may have been trying to hit. You may want to add Family Law to the category set.

You may want to contact Legal Aid near...
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2 Answers | Asked in Copyright, Business Law, Patents (Intellectual Property) and Trademark for Illinois on
Q: How am I supposed to handle a trademark infringement lawsuit if I think it's a mistake? pls read the "More Information"

Dear lawyer.

Unfortunately, I involuntarily found myself in an unpleasant situation and I would be happy for your help. I have an account at Marketplace site, where I sell products from a variety of different suppliers. A few days ago, an e-mail was sent to me from a lawyer (on behalf of... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 3, 2021

You can be dragged to an American court by virtue of you selling here.

There are different tools to deal with the lawsuit if you think it is an error.

You need to consult with an attorney review all the documentation you have.

Best luck!

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3 Answers | Asked in Contracts, Copyright and Patents (Intellectual Property) for Illinois on
Q: Is there a type of disclosure document that I can use to protect an IP idea that i am working on, before it's designed?

I have an idea that I'm working on that will have to be patented, but i am reluctant about asking people with the knowledge to build the idea for assistance as they may steal it and create it themselves. Is there a type of disclosure document that I can use to protect my idea?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 23, 2021

Non Disclosure Agreement

That language should also be included in any contract with people that would do work for you

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1 Answer | Asked in International Law and Patents (Intellectual Property) for Illinois on
Q: Is it likely that a patent application for a process that involves an internationally patented product will be approved?

There is only one source of a patented filament for 3d printing. I have come up with a simple way to print the filament, creating a potentially profitable product. It is a novel idea for printing the filament, but a common way of producing similar products.

Peter D. Mlynek
Peter D. Mlynek
answered on Mar 9, 2021

If you came up with a new way of making a filament that is know, then, yes, that is potentially patentable. Your patent would not cover the filament, but it will cover the method.

But there is a problem. The problem is that if you take a known method to make a known product, it will be...
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1 Answer | Asked in Patents (Intellectual Property) for Illinois on
Q: I invested in International Technologies Inc (Patent 5269947) Thermal Depolymerization Processor in 1994 ($2500).

How can I find out if it has any value.

Peter D. Mlynek
Peter D. Mlynek
answered on Jan 31, 2021

Patents that have issued in 1994 have no value at the present time, because they have expired.

1 Answer | Asked in Patents (Intellectual Property) for Illinois on
Q: What do I need to do or what documents I need to have to legally sell a product that has a patent?
Timothy John Billick
Timothy John Billick
answered on Sep 28, 2020

You will most certainly need a license from the person who holds the patent, or the licensee who has the ability to grant sub-licenses to the patent in question. If you are planning to make, use, sell, or offer for sale a patented invention you need permission to do so from the patentee.... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: Hello my name is jason I’m an inventor and came up with an idea and submitted it. Come to find it’s not patentable

I would like to speak to the inventor

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Aug 24, 2020

First you should consult with a patent attorney to see if the patent that concerns you actually is still in force. It may have lapsed early for failure to pay the maintenance fee and contacting them may cause them to belatedly revive it.

But if you are sure that you want to contact the...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: Question about patent scope

I am writing a patent that consists of separate components that could also be patented. My question is whether it would be better to patent each piece of technology individually or to include them all within the final marketable product.

Peter D. Mlynek
Peter D. Mlynek
answered on Jun 28, 2020

Well, it is generally easiest and cleanest to put it into separate applications (because inventors typically come up with different components at different times, but I generally tend to put it all into one patent application, let the examiner restrict it, and then choose which way you want to go.... Read more »

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Illinois on
Q: I am writing a book of pet knowledge and after 50+ years of study i say that the Glofish in the pet shops are fake.

the fiction out there says they are .GMO and are both copyrighted and pattented. Can this be true of a fish?

mike

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 22, 2020

There are patents on Glofish. See for example, https://patents.google.com/patent/US8378169, which has expired.

Glofish is also trademarked. There are about 37 different trademarks "Glofish" or a variation thereof; I how many of those are associated with the fish.

2 Answers | Asked in Copyright and Patents (Intellectual Property) for Illinois on
Q: Can I sell items on Etsy made from patterns I found on Pinterest? What is law on licensed fabrics?

I have found a lot of conflicting info. Some saying that you can't copyright a pattern, and that final product is "your" work so you can sell.

Others saying that no you can't. Very confused!!

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 19, 2020

it requires an analysis of the pattern, and see if it is owned or copyrighted by somebody.

Think of the Louis Vuitton pattern.

In general just because you see it somewhere it does not mean it is free

Make a Consult appointment

Marcos.

Counsel for the...
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2 Answers | Asked in Patents (Intellectual Property) for Illinois on
Q: If I have a one of a kind bath toy manufactured will it be hard to obtain a patent
Peter D. Mlynek
Peter D. Mlynek
answered on Jun 17, 2019

Whether it will be hard or easy to obtain a patent on a one of a kind bath toy will depend on how new it is. If the bath toy has some insignificant modifications from other bath toys, or is just a combination of other bath toys, then it will be difficult to get a patent.

You should seek...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: I want to file a patent with Bridgestone in Belgium to offset dimple the existing cushion sidewall gum 6302444357

Professional engineer

Sean Erin Serraguard
Sean Erin Serraguard
answered on Apr 12, 2019

There are a number of ways to file a patent in Belgium as well as other countries. The first step is going to be determining if you're only interested in Belgium or if you'd like to file in other countries as well. From there, you will have to decide if you'd like to draft your own... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Illinois on
Q: I have a patent pending on an apron that expires 4/11. Not sure if I even need a non prov. Any way to find out?

The apron is unique insofar as it has elements that have not been done before. It is a multi use item that can too easily be copied - unless that means it's too simple to warrant a patent. That is what I need to know before investing thousands of dollars. Help!

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Mar 19, 2019

OK -- you have a provisional application that will expire April 11, 2019.

It is expensive to pursue a non-provisional application from filing to issue. If you wrote the provisional application yourself, the patent attorney may have to start from near scratch to draft a real patent...
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