Indiana Patents (Intellectual Property) Questions & Answers

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

1 Answer | Asked in Gaming, Intellectual Property and Patents (Intellectual Property) for Indiana on
Answered on Jan 2, 2019
Peter D. Mlynek's answer
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 should be printed on the game or its container. If you do not see them there (they should be there), look at their website.

Aside from patents, you should also consider their trademarks (I...

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

1 Answer | Asked in Health Care Law, Animal / Dog Law and Patents (Intellectual Property) for Indiana on
Answered on Oct 30, 2018
Kevin E. Flynn's answer
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 competent to take make decisions and others need to act on that person's behalf.

I hope that this helps.

Kevin E Flynn

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

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Answered on Jun 20, 2018
Kevin E. Flynn's answer
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 bought the rights to the patent should be recorded at the USPTO Patent Assignment Database. You can enter your dad's legal name as assignor (the party giving away rights)....

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

3 Answers | Asked in Patents (Intellectual Property) for Indiana on
Answered on Mar 28, 2018
Peter D. Mlynek's answer
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.

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

1 Answer | Asked in Real Estate Law, Patents (Intellectual Property) and Small Claims for Indiana on
Answered on Nov 6, 2017
Kevin E. Flynn's answer
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

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

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Answered on Feb 27, 2017
Peter D. Mlynek's answer
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 sudden start infringing a patent that was filed after you’ve been selling it.

It also has to do with logic. Either your product lies within the scope of the claims or it does not. If it...

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

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Answered on Mar 23, 2011
Paul Overhauser's answer
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 available to accept new clients.

Paul Overhauser

www.iniplaw.org

www.overhauser.com

317- 891-1500

Q: Are invention promotion companies reliable and trustworthy?

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Answered on Mar 23, 2011
Paul Overhauser's answer
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 Trademark Office; P.O. Box 1450; Alexandria, VA 22313-1450 or call at (703) 306-5568.

Paul Overhauser

www.iniplaw.org

www.overhauser.com

317- 891-1500

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

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Answered on Mar 23, 2011
Paul Overhauser's answer
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. 1116 (S.D.N.Y. 1970), and include: 1. The royalties received by the patentee for the licensing of the patent in suit, proving or tending to prove an established royalty. 2. The rates paid by the...

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

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Answered on Mar 22, 2011
Paul Overhauser's answer
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 patent is issued or the application is published. After the application has been published, however, a member of the public may request a copy of the application file. After the patent is issued, the...

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

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Answered on Mar 22, 2011
Paul Overhauser's answer
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 with both you and the attorney/agent concerning the merits of your application. All comments concerning your application should be forwarded through your attorney or agent.

Paul...

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

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Answered on Mar 22, 2011
Paul Overhauser's answer
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

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

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Answered on Mar 22, 2011
Paul Overhauser's answer
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 provided all of the ideas of the invention, and the other has only followed instructions in making it, the person who contributed the ideas is the sole inventor and the patent application and patent shall...

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

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Answered on Mar 22, 2011
Paul Overhauser's answer
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 Overhauser

www.iniplaw.org

www.overhauser.com

317- 891-1500

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

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Answered on Mar 22, 2011
Paul Overhauser's answer
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 Overhauser

www.iniplaw.org

www.overhauser.com

317- 891-1500

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

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Answered on Mar 22, 2011
Paul Overhauser's answer
"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 rejected.

Paul Overhauser

www.iniplaw.org

www.overhauser.com

317- 891-1500

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

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Answered on Mar 22, 2011
Paul Overhauser's answer
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 and tried at once. This way, the costs for certain defenses, such as invalidity of the patent, can be shared among all the defendants. This type of consolidation procedure is discusssed here:...

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

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Answered on Mar 21, 2011
Paul Overhauser's answer
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 based on the many rejections I've seen from the Patent Office based on applications written by novices.

Paul Overhauser

www.iniplaw.org

www.overhauser.com

317-891-1500

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

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Answered on Mar 21, 2011
Paul Overhauser's answer
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, can find the patent invalid due to inequitable conduct. Thus, this is a "defense" that an accused infringer may assert.

Paul...

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

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Answered on Mar 21, 2011
Paul Overhauser's answer
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 non-provisional. The non-provisional application is usually more detailed and costs more money to prepare and file.

Paul Overhauser

www.iniplaw.org

www.overhauser.com

317-...

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