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Massachusetts Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: hi, I had discovered a novel compound that shown an antifungal assay, this has never been reported, can i patent it?
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 16, 2020

Depends

There are a lot of factors in play

Has that compound being used before for something?

Has it been in existence before?

Did it have other elements that can be considered generic? so that a previous compound may be used if minor changes are made

Is it...
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1 Answer | Asked in Patents (Intellectual Property) for Massachusetts on
Q: Hi, I would like to get a computer software patent. I would like to have an idea of the price and procedure. Thanks
Peter D. Mlynek
Peter D. Mlynek answered on Apr 7, 2020

The costs vary greatly, but generally to a patent costs about as much as a car: anywhere from about $10,000 to over $30,000.

The procedure is easy: go see a lawyer who specializes in computer software patents. He'll walk you through the process.

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Massachusetts on
Q: Would I be the "Sole Rights Holder of the material?" It's my video of a comedy show I taped with permission of the club?

I recently discovered a vhs tape of a stand-up comedy shot that I shot in 1993 at a Comedy Club. I was given permission by the comedy club to tape it as I was one of the comedians performing that night. I recently viewed the video again for the first time in almost 30 years....and 2 of the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 3, 2020

Very likely you are not. It is very possible the people in the video have some rights over the video.

You may have to reach out to the people live or their estate and get permission from them.

You should consult with an attorney, and also talk with an insurance company that...
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1 Answer | Asked in Patents (Intellectual Property) for Massachusetts on
Q: Inheritance and patent questions

My great grandfather was an inventor and patented at least 2 machines that I no of. I think he left the family some money

Peter D. Mlynek
Peter D. Mlynek answered on Aug 22, 2019

A patent that is issued is a legally a personal property, so that it can be inherited just like money, a car, or an art collection. If your great-grandfather owned patents, then it would have passed onto the appropriate heir (either by will or intestate).

The problem with inheriting...
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3 Answers | Asked in Patents (Intellectual Property) for Massachusetts on
Q: my name is spelled with a typo in a patent. How do I fix that?

Patent number: 7373500

My name is "Rajesh Vaidheeswarran". In the patent it is spelled as "Rajesh Vaidheswarra"

Not sure how that typo crept in, butI would like that fixed. Any assistance would be helpful

Kevin E. Flynn
Kevin E. Flynn answered on Jan 24, 2019

Rajesh,

This is surprisingly difficult to fix as you signed the original oath on July 7, 2003 as Rajesh Vaidheswarra. Most likely this was the spelling used throughout the process.

Ideally, you would have corrected this problem in July of 2003. Now the USPTO believes there is an...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: Is there a way to get a patent issued if I failed to file within the year of getting a provisional patent?
Peter D. Mlynek
Peter D. Mlynek answered on Dec 15, 2018

That is a very common question. Many times inventors get side-tracked, or funding dries up, or they simply forget.

The good news is that provisional patent applications are not published, so once the provisional patent application expires and is not used as a priority document, it is as if...
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1 Answer | Asked in Patents (Intellectual Property) for Massachusetts on
Q: Patents - Utility - regarding sophistication required of preferred embodiment to justify provisional protection.

For the sake of business expediency, is it OK to 'cobble' together a less-than-desirable solution and use that as proof of concept, and then write the claims off of that? The go-to-market solution would require a better mousetrap but it would get the patent part going. So would the... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Sep 11, 2018

This is a very question frequent question in R&D. It rare that a company has a project, comes up with a product that is optimized. Normally, researchers come up with a viable product, which is then refined to make the product better, and which can be sold.

The answer is, yes, an...
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1 Answer | Asked in Patents (Intellectual Property) for Massachusetts on
Q: If a patent is abandoned & owned by a company - can one of the orig. creators do anything?

application #20040002883

Peter D. Mlynek
Peter D. Mlynek answered on Aug 21, 2018

I responded to your e-mail address.

1 Answer | Asked in Patents (Intellectual Property) for Massachusetts on
Q: Can someone accuse you of patent infringement if patent is not granted and is only published?
Kevin E. Flynn
Kevin E. Flynn answered on May 22, 2018

The old rules were that you were not liable for infringing a patent until the patent issued. So you did not infringe a pending application.

That is still true but there is another form of damages called provisional rights (totally unrelated to provisional patent applications). The patent...
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1 Answer | Asked in Patents (Intellectual Property) for Massachusetts on
Q: Hello, I would like to know if patent number d816941 has been granted. I have been accused of infringing this patent bu

Can not find details of this patent anywhere. It looks like this patent is only published and not granted.

Kevin E. Flynn
Kevin E. Flynn answered on May 22, 2018

D816941 is a design patent for the ornamental appearance of an Animal Bathing and Grooming Glove. Design patents are not published as applications so this is an issued patent.

You can find the patent at https://patents.google.com/patent/USD816941S1/en?oq=D816941. Design patents are...
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Q: I am an online seller and received a letter in the mail from another company regarding an item that has a patent pending

I received a certified letter regarding a silicone pipe that I currently sell on many platforms including my own website. The company stated that they have a patent pending on it and that I have to: immediately stop marketing the product, remove the product from all selling platforms and send them... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on May 16, 2018

This situation merits working with patent attorney to sort out the current status and possibly to intervene to help the Patent Office reject or at least narrow the claims.

As a preliminary step, you may want to check on the status of the pending application using USPTO Public PAIR....
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: have any patents been filed in regard to the new lithium extraction process developed by John Burba?
Peter D. Mlynek
Peter D. Mlynek answered on Apr 7, 2018

Yes, he has several dozen patents related to lithium, including extraction process from brine.

Some (but not necessarily all) of the patent applications that he is listed as an inventor are found in the following list:...
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2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Massachusetts on
Q: Hi, I created unique aphorisms and want print them on clothes. How prevent copying of aphorisms?

Should I patent it as intellectual property? or copyright?

Should I go to lawyer or I can do it by myself online?

Thank you

Kevin E. Flynn
Kevin E. Flynn answered on Apr 4, 2018

Patents are not the answer as the patent part of the PTO does not care about the text; they care about the function or the ornamental design.

You can chase a trademark (need to specify trademark to get this to a TM lawyer on JUSTIA).

Not a perfect fit as a trademark is intended to...
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1 Answer | Asked in Patents (Intellectual Property) for Massachusetts on
Q: Dog toy/bed/mat that stimulates dog's olfactory senses should be permitted to be made?
Kevin E. Flynn
Kevin E. Flynn answered on Mar 30, 2018

Freedom to Operate and Searching.

If you are asking whether there is a relevant patent in the United States that has not expired, I suggest that you do some preliminary searching using my slide set at http://bit.ly/Patent_Searching (one of several sets of slides accessible from...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: if there is a patent on a toy and we want to use the said toy as part of a game, do we need to obtain licenxing rights?

I look at it like taking a patent like dice and using it for a game. Is that legal in that case because the patent has long expired?

Peter D. Mlynek
Peter D. Mlynek answered on Feb 23, 2018

If you want to sell a game that has a toy in it, and the toy is patented, then you would be infringing the patent. You can't get around a patent to a product by adding more stuff to the product.

You'll likely need to obtain a license, or buy the toy from the toy maker.

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1 Answer | Asked in Patents (Intellectual Property) for Massachusetts on
Q: Is a patent definitely expired if it says Applied 2000 & says for 14 years?

Do I need to search elsewhere for possible extensions?

Kevin E. Flynn
Kevin E. Flynn answered on Feb 19, 2018

Since you say 14 years, I am presuming you are looking at a design patent. While the term is longer today, for many years the term of a design patent was 14 years FROM THE ISSUE DATE. So I am concerned that you are looking at the wrong date. You need to look at the issue date, not the... Read more »

1 Answer | Asked in Patents (Intellectual Property) and Trademark for Massachusetts on
Q: I'm using "Wicked Awesome Stepmom" and received notice that "Wicked Awesome" is trademarked. Can I challenge this?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 29, 2017

Both sound like a trademark that might be challenged for lack of uniqueness as they are common colloquialisms. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... Read more »

2 Answers | Asked in Civil Rights, Family Law, Juvenile Law and Patents (Intellectual Property) for Massachusetts on
Q: Where can I turn for real help with an out of control 12 year old when the police wont help?

He has physically hurt his 8 year old brother. He doesn't listen to his father or me. Yells at us, hits walls, throws things and does as he wants.Leaves thw house when he wants, tells us he isnt doing chores becuase he isnt a slave. I am scared of him, what he can do to me and my yougest son.... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 27, 2017

Perhaps therapy is the answer. You and your husband may start with a therapist to learn how to deal with this. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Massachusetts on
Q: do i need a lawyer when creating a product

football product which will develop a specific skill set like catching

Adam Studnicki
Adam Studnicki answered on Aug 30, 2015

If you are considering protection of intellectual property (which is a good idea), talk to a local intellectual property lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education...
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1 Answer | Asked in Patents (Intellectual Property) for Massachusetts on
Q: Is this patent for sale or experiment. Also what does it cover.

I have made a dodecahedron speaker and am trying to sell it, but I do not want to void this patent

Adam Studnicki
Adam Studnicki answered on Aug 30, 2015

Which patent? Talk to a local patent lawyer for advise about your situation.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for...
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