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Indiana Patents (Intellectual Property) Questions & Answers

1 Answer | Asked in Gaming, Intellectual Property and Patents (Intellectual Property) for Indiana on

Q: Are any game mechanics from the Yu-Gi-Oh Trading card game patented?

Would creating a digital card game with some mechanics that are similar to Yu-Gi-Oh violate some patents? Specifically, one shared mechanic is that the "field" or playing area is divided into 10 zones in 2 rows for each player, with "creature cards" placed in the front row, and other cards placed... Read more »

Peter D. Mlynek answered on Jan 2, 2019

Well, I think that you are correct in worrying about Konami's intellectual property. As far as patents go, Konami has over 1100 patents on various gaming devices and methods. I imagine that some of them cover Yu-Gi-Oh!

I don't know which patents cover Yu-Gi-Oh!, but the patent numbers...
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1 Answer | Asked in Health Care Law, Animal / Dog Law and Patents (Intellectual Property) for Indiana on

Q: Who to best seek help from concerning someone with mental health problems who is about to loose their home

metal health issues. Has gone through all her money. Own her own home but we do not believe paying any taxes. she has a bird and dog she does not take care of. Lives with poop and pee everywhere. will not believe anything we tell her concening her finances. when they kick her out of her house... Read more »

Kevin E. Flynn answered on Oct 30, 2018

I am sorry to hear of your situation. Your question was listed for patents (inventions). You may have meant paRents but that is not a category.

You may want to post the same question under Family law or Elder law as this is a question of intervening when a family member may not be...
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1 Answer | Asked in Patents (Intellectual Property) for Indiana on

Q: my dad had 3 patents how do i find out if had sold these patents or does the aier' left behind are entitled to any money

My dad had three patents 2 of them have 2 partners and 1 with his name only I need direction on how to find out if the Aires left behind are entitled to the profits from them and how do I find out if he sold them or not for i know if he did sell them no need to search them any further. My dad died... Read more »

Kevin E. Flynn answered on Jun 20, 2018

Ms. Carder,

First, being a named inventor on three issued patents is something to be proud of. I am sure that this is one of many reasons that you are proud of your dad.

If things were done correctly, then the assignment from your dad to his employer or some other entity that...
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3 Answers | Asked in Patents (Intellectual Property) for Indiana on

Q: US 2017/0225533 claim 1 is rejected under 102(a) referencing US 2017/0016507 how can this be amended or not anticipated

claims 1-5 and 8 of US 2017/0225533 A1 is rejected under 102(a) referencing US 2017/0016507 A1 how can this be amended or proven not anticipated by US 2017/0016507 A1?

Peter D. Mlynek answered on Mar 28, 2018

The questions posted on this website are of general nature. The answers to these general questions may be useful to others to understand the law being discussed. What you are asking is a very specific question that is best left to the attorney prosecuting this case.

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1 Answer | Asked in Real Estate Law, Patents (Intellectual Property) and Small Claims for Indiana on

Q: My dad has past and he have property in Indiana but his wife that's not legally married has the property

My dad has past and he have property in Indiana but his wife that's not legally married has the property and her name is on it the only reason she got the house because they thought they were married my dad have two daughters my oldest sister do not want the house but I do who do I talk to and what... Read more »

Kevin E. Flynn answered on Nov 6, 2017

So sorry, you question was posted to the patent/invention area. You may want to delete the patent topic.

Best wishes to seek a solution with respect to your father's property.

Kevin

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

Q: If you make an item and someone else patents it later, Can you still make and sell your item .

I made something in 2010 and sold some via a website. I did not patent it due to prohibitive patent cost.

Someone else patented a similar item 6 yrs later. When they received that patent the patent examiner cited my item and website in the approved patent.

Can I still make and sell... Read more »

Peter D. Mlynek answered on Feb 27, 2017

This is a common question, that has been litigated a number of times. The good news for you is that the courts usually rule against the patent owner, and in favor of people in your position.

This has to do with fairness. If you are making and selling your invention, you cannot all of the...
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1 Answer | Asked in Patents (Intellectual Property) for Indiana on

Q: Will the Patent Office recommend a patent attorney to help protect my invention?

Paul Overhauser answered on Mar 23, 2011

No, the Patent Office will not make this choice for you. However, a general attorney may help you in making a selection from among those listed as registered practitioners on the Office roster. Also, some bar associations operate lawyer referral services that maintain lists of patent lawyers... Read more »

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

Q: Are invention promotion companies reliable and trustworthy?

Paul Overhauser answered on Mar 23, 2011

This can't be answered in the abstract - some companies are legitimate and some do a very poor job. No. The Patent Office publishes complaints regarding invention promoters and replies from the invention promoters. Questions or complaints can be sent to Mail Stop 24; Director of the U.S. Patent and... Read more »

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

Q: What is a reasonable royalty to pay for licensing a patent?

Paul Overhauser answered on Mar 23, 2011

There are many factors to consider in determining a reasonable royalty. Under Supreme Court precedent, there are 15 factors (known as the Georgia-Pacific factors) to consider in a patent infringement lawsuit. These were first articulated in Georgia-Pacific Corp. v. U.S. Plywood Corp., 318 F. Supp.... Read more »

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

Q: How can I be sure the Patent Office will not give others information contained in my application while it is pending?

Paul Overhauser answered on Mar 22, 2011

Most patent applications filed on or after November 29, 2000, will be published 18 months after the filing date of the application, or any earlier filing date relied upon under Title 35, United States Code. Otherwise, all patent applications are maintained in the strictest confidence until the... Read more »

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

Q: Can I write to the Patent Office about my application after it is filed?

Paul Overhauser answered on Mar 22, 2011

The Patent Office will answer an applicant's inquiries as to the status of the application, and inform you whether your application has been rejected, allowed, or is awaiting action. However, if you have a patent attorney or agent of record in the application file the Office will not correspond... Read more »

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

Q: Is it necessary to go to the Patent Office to get a patent?

Paul Overhauser answered on Mar 22, 2011

No. Most business with the Office is conducted by email and written correspondence. Interviews regarding pending applications can be arranged with examiners if necessary and are often helpful.

Paul Overhauser

www.iniplaw.org

www.overhauser.com

317- 891-1500

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

Q: If a friend and I work together to make an invention, to whom will the patent be granted?

Paul Overhauser answered on Mar 22, 2011

If both you and your friend had a share in the ideas forming the invention as defined in the claims – even if only as to one claim, you are joint inventors and a patent will be issued to them jointly on the basis of a proper patent application. If, on the other hand, one of these persons has... Read more »

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

Q: If a first person furnishes all of the ideas to make an invention and a second person employs the first person

Or furnishes the money for building and testing the invention, should the patent application be filed by the first and second persons jointly?

Paul Overhauser answered on Mar 22, 2011

No. The application must be signed by the true inventor, and filed with the Patent Office, in the inventor's name. This is the person who furnishes the ideas (e.g. the first person in the above fact pattern), not the employer or the person who furnishes the money.

Paul...
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1 Answer | Asked in Patents (Intellectual Property) for Indiana on

Q: Does the Patent Office set the fees charged by patent attorneys for a patent?

Paul Overhauser answered on Mar 22, 2011

No. The price is between you and your patent attorney, and the Patent Office takes no part. To avoid misunderstanding you may wish to ask for estimate charges for: (a) the search (b) preparation of the patent application, and (c) prosecution.

Paul...
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1 Answer | Asked in Patents (Intellectual Property) for Indiana on

Q: What do the terms "patent pending" and "patent applied for" mean?

Paul Overhauser answered on Mar 22, 2011

"Patent pending" means you applied for a patent, and the application is still active - it has not been finally rejected, or, issued as a patent. "Patent applied for" is not a commonly used term, but it means that a patent application was filed, even though it could have been finally... Read more »

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

Q: A large company has sued me an other in my industry for patent infringement. We think the patent is bogus. What to do?

Paul Overhauser answered on Mar 22, 2011

Some patent owners file many individual suits in different jurisdictions against purported infringers, with the hope that they can obtain quick settlements. However, it can potentially be prudent for the various defendants to join forces and have all the various lawsuits consolidated in one court... Read more »

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

Q: If I am attempting to patent something, how much is a lawyer needed?

Paul Overhauser answered on Mar 21, 2011

If you have experience with patents, you may not need an attorney. For example, if you are an inventor at a large company that has patented many of your ideas, you may be very familiar with the process and how to write an application. Failing this, you really should use an attorney. I say this... Read more »

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

Q: What is the "inequitable conduct" defense in patent infringement litigation?

Paul Overhauser answered on Mar 21, 2011

A patent applicant has an obligation under 37 CFR 56 to disclose to the Patent Office information that is "material" to the patentability of the patent application. If the applicant withholds or misrepresents information when dealing with the Patent Office, a court, in a later infringement suit,... Read more »

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

Q: What is the difference between a provisional and a non-provisional patent application?

Paul Overhauser answered on Mar 21, 2011

A "provisional" patent application is not a "real" patent application in the sense that it will not result in the issuance of a patent. However, it establishes a date of invention. You then have 12 months to file a "non-provisional" patent application which claims the benefit of the earlier-filed... Read more »

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