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Indiana Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Indiana on
Q: How do make the manufacturing industry pay royalties for using our intellectual property?

We are the real Inventors of Confidence Disposable Underwear.

David Aldrich
David Aldrich
answered on Aug 16, 2023

If you patented the invention and someone is infringing that patent, you would typically send what is called a "cease and desist letter" to that company and offer them a license to the patent in exchange for a reasonable royalty. You should contact a qualified patent attorney, who can... View More

3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Indiana on
Q: I cannot find the global patent for the magnetic patch cap made by next generation headwear. How do I find this document
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2023

The concept of global patents is not recognized within the patent system. Instead, there exists a mechanism known as the Patent Cooperation Treaty (PCT) patent application, which serves as the front end for many patent systems, including that of the United States. This application facilitates the... View More

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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Indiana on
Q: I cannot find the global patent for the magnetic patch cap made by next generation headwear. How do I find this document
David Aldrich
David Aldrich
answered on Aug 3, 2023

Next Generation Headwear has PCT application WO2021259486A1. This is a sort of "global" patent application. It never turns into a patent itself (there is no such thing as a global patent). Instead, you use this to later pursue patent protection in particular countries. In this case,... View More

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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Indiana on
Q: I cannot find the global patent for the magnetic patch cap made by next generation headwear. How do I find this document
Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 17, 2023

There are no global patents. You may be looking for a Patent Cooperation Treaty patent application which is the front end of many patent systems (including the US). If so, you can look here https://patentscope.wipo.int/search/en/search.jsf

This is the search tool run by the World...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Indiana on
Q: Am I still entitled to recieve my late husbands patent funds eighteen months since his passing? How long do I wait?

My husband passed away five weeks after a patent application was filed. Eighteen months later it was granted by the USPTO. There were other patents, and I did recieve monies to those. I called HR and my calls are not answered, or returned. Same for e-mails.

James L. Arrasmith
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answered on Jul 10, 2023

I'm sorry for your loss. Regarding your late husband's patent funds, it is important to review the specific circumstances and agreements related to the patents. Typically, the entitlement to receive patent funds would depend on factors such as the terms outlined in your husband's... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: I am wanting to make something similar to patent # 10517291 but I do not want to infringe on the patent.

I want to use gears instead of the timer to give somewhat of the same effect but the motor will be constantly on, and I will not have a timer at all. Does this idea infringe on this patent? It specifies the cycler as a timer chip, which I will not be using, so I do not see something wrong with this... View More

Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Aug 24, 2022

Hi, this would involve what is called a Non-Infringement Analysis, which involves a careful determination of claim scope and whether what you’re looking to do falls within it. Generally, patent attorneys are able to conduct this type of analysis, and should be able to assist you with making... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Indiana on
Q: Is it legal to build a device like this but not the same exact device ?
Tim Akpinar
Tim Akpinar
answered on Jul 6, 2022

Your question remains open for two weeks in this category and it may be better suited for attorneys who work in intellectual property. Product liability is more about injuries from defective products. You could repost the question under Intellectual Property & Patents. There's no guarantee... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: Can you review a patent following rejection by examiner?

This is an utility invention for the bicycle

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 17, 2022

While a few patent applications are allowed the first time that the Examiner reviews the claims, it is very common for a patent attorney to review the rejections from the Examiner and do one of three things.

1) Explain to the examiner in the next written response, why the arguments made by...
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1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: I want to make patented bee protecting mushroom extracts (patent of Paul Stamets). Are they still active? Can I use it?

Specific mushroom extracts: reishi, amadou, and chaga. I don't understand how someone can stop others from selling a natural product.

Carl Massey Jr
Carl Massey Jr
answered on Feb 26, 2021

A number of U.S. patents relating to this subject matter appear under the name Paul Stamets. Several are relatively newly issued and will be active for some time. One thing to realize is that the patent only provides an exclusive right (right to sue for infringement) for what is within the scope... View More

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Indiana on
Q: How do I know if I need to patent an excel spreadsheet graph?

I just created a graph this afternoon around 1:00pm with my name and date in the bottom corner that really impressed my professor who is a doctor in medicine. After getting off the phone with my father, he suggested I reach out and see if this is something that I could patent. Is there any way... View More

Kathryn Perales
Kathryn Perales
answered on Dec 4, 2020

A spreadsheet graph is not generally the kind of thing that can be patented. If you think it is truly new and innovative, I encourage you to consult privately with a patent attorney. Be prepared to explain it thoroughly, and keep in mind that your 1-year time limit for patenting already started... View More

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3 Answers | Asked in Patents (Intellectual Property) for Indiana on
Q: I think I’ve discovered a new type of Calathea. My Calathea has mutated and reproduced with new patterns and colors.

What are my first steps to patent such a beautiful plant?

Peter D. Mlynek
Peter D. Mlynek
answered on Nov 23, 2020

Congratulations on your new Calathea! I like those plants.

It may or may not be patentable (depending if you found it in nature or if you've bred it), but you have two options: hire a patent attorney, or do it yourself. If you've never done this before, then you really need to...
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1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Patents (Intellectual Property) for Indiana on
Q: I’m a 19 year old female an my boyfriend is 16 an we are pregnant can We get in trouble?Would we have to deal with dcs
Andrew L. Bennett
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Andrew L. Bennett
answered on Oct 12, 2020

You are both of legal age, there are no issues unless he was 15 when you got pregnant.

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: is patent # 6530731expired? if not when does it? Thank you
Stephen Kontos
Stephen Kontos
answered on Sep 16, 2020

Google Patents shows that the patent you indicated has not expired. The expiration date shown in Google Patents may or may not be accurate. Confirming the expiration date will require some investigation. You should consult with a patent lawyer to be sure.

Also, keep in mind that there are...
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2 Answers | Asked in Patents (Intellectual Property) for Indiana on
Q: According the granted patent from January 13 2015 did is any money were coming on the name of my late husband Robert.

I'm Nada Miele his wife. Please let me know if is anything that I need to do.

Robyn T. Williams
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Robyn T. Williams
answered on Feb 9, 2020

Hi Nada,

The answer to this question relies on many different factors. If your late husband licensed the patent and is receiving royalty payments you may be entitled to those royalty payments. In order to fully assess your situation I would suggest setting up a phone call to discuss.

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1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: Replying to Keven E Flynn, how do I go about working with you? what is the charge etc????
Kevin E. Flynn
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Kevin E. Flynn
answered on Jan 9, 2020

First step is for you to look at my web site www.FLYNNipLAW.com or my LinkedIn profile https://www.linkedin.com/in/kevinflynnpatentattorney/ to get some more information about me. Picking a patent attorney is a big step and you should make sure that you are picking someone that seems like a match.... View More

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: if I had an idea for a shape of bandage using hydrocolloid composition for a specific condition, could it be patened?
Kevin E. Flynn
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Kevin E. Flynn
answered on Jan 9, 2020

The short answer is maybe.

The answer hinges on how close what you are proposing is to things already done or suggested by those of ordinary skill in the art of treating that condition or in making bandage products. While relevant prior art is not just patents and published patent...
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1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: I am trying to locate a patent number my deceased father, Harold Andrew Padgett, had while working at General Electric.
Peter D. Mlynek
Peter D. Mlynek
answered on Dec 18, 2019

It is US 4,626,755.

https://patents.google.com/patent/US4626755

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... View More

Peter D. Mlynek
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...
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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... View More

Kevin E. Flynn
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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... View More

Kevin E. Flynn
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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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