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Illinois Patents (Intellectual Property) Questions & Answers
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
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
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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2 Answers | Asked in Patents (Intellectual Property) for Illinois on
Q: I have an idea but its been patent already by somone but my design is different for the object.

Yet should provide same feeback as the other object does.

Kevin E. Flynn
Kevin E. Flynn answered on Mar 12, 2019

You may have heard that if you build a better mousetrap, the world will beat a path to your door. This highlights that there can be several solutions to a particular problem and each can obtain their own patent. This may be the situation that you are in.

If you get a patent for your...
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2 Answers | Asked in Patents (Intellectual Property) for Illinois on
Q: How can I challenge a patent that I never received credit for?

https://patents.justia.com/patent/D750276

Peter D. Mlynek
Peter D. Mlynek answered on Dec 16, 2018

I am not sure what you mean that you never received credit. I assume that your question is similar to the questions asked by so many scientists and engineers working as an employee or a contractor: you worked on developing a new product for the company, the company got a patent on the invention... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Illinois on
Q: What are the implications of unknowingly using a sub-component in your design that has violated a patent?

For example, I use a power supply from vendor A in my lighting product. The power supply violates a patent from vendor B. Both Vendor A and myself are unaware of the infringement at the time of purchase. Can vendor B sue me for patent infringement?

Kevin E. Flynn
Kevin E. Flynn answered on Dec 3, 2018

Short answer is yes, you have exposure.

35 USC Section 271a states -- Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during...
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1 Answer | Asked in Copyright and Patents (Intellectual Property) for Illinois on
Q: If I were to make an app/webpage that used the left and right swipe method could I be sued?
Kevin E. Flynn
Kevin E. Flynn answered on Oct 3, 2018

Your question is a patent question not a copyright question. What you are asking is whether there is any patent where you plan to operate that would cover left and right swipe. This is known as a freedom-to-operate question. In other words do you have freedom to operate as you plan or is there... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Illinois on
Q: Hello, applying a protocol to control a plant growth habit that result in more productivity, can be patent?

In my researches on a plant species which produce flowers one time in each year, I found a protocol that let me to control growth habit of this plant under greenhouse conditions and result in flowers more than one time in each year. Can this protocol be registered as a patent?

Kevin E. Flynn
Kevin E. Flynn answered on Jun 27, 2018

In my slide set on protecting competitive advantages ( http://bit.ly/Protecting_Advantages ), I note that some patents protect new features in a product and some patents protect improved ways of making the product. If you have found a way to increase the annual yield of a plant to produce more... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Illinois on
Q: Hi, what is the price to get a patent?
Peter D. Mlynek
Peter D. Mlynek answered on Feb 5, 2018

You should expect anywhere from $10,000 to $30,000 for a US utility patent.

If it is much less than that, you either got lucky, or the patent is not very strong (either is written too sloppily or it is too narrow to be valuable).

It is uncommon that the price would go too much...
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1 Answer | Asked in Patents (Intellectual Property) for Illinois on
Q: If you have an unpatented idea, but proof that you submitted it to someone, can you claim the patent?

I presented an idea in the MIT Whiteboard Challenge in early 2012. The idea was for an electric bicycle. A few months later, there was a company creating similar electric bicycles and raising money via crowdfunding. Recently they were purchased by another larger company for an undisclosed amount.... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Jul 7, 2017

A couple of points.

When you come up with an invention, you have 3 choices to make. One, you can patent it, so that everyone will know about it, but you can keep others from using your invention. Two, you can keep it a secret, so that nobody will know about it. Three, you can disclose it,...
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2 Answers | Asked in Patents (Intellectual Property) for Illinois on
Q: If two provisional patents are filed. Does the second have any rights if it was filed prior to disclosure of the first?
Peter D. Mlynek
Peter D. Mlynek answered on Apr 11, 2017

If two patent applications are filed claiming the same invention, the second one will not mature into a patent, because it was filed after the first one. The fact that the first patent application is published after the filing of the second is irrelevant.

It is the FILING of the first...
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2 Answers | Asked in Patents (Intellectual Property) for Illinois on
Q: Can I file a US Patent for a product being sold in a foreign country?

Does the fact that the product is on sale in a foreign country bar me from filing a patent for it in the US? Upon further investigation, no patent application exists for such a product in the US. Does the same go for if the foreign product has an article written about it in a foreign magazine?... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Mar 23, 2017

If you did not invent it, then you cannot get a patent on it. You cannot just copy someone else's work and claim it as your own.

Further, even if you invent something, spending lots of time and money inventing it, but someone else on the other side of the world invented the same (or...
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