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Michigan Patents (Intellectual Property) Questions & Answers
Q: I have a product i want to make my own and start production and sales and i wanna know all my options

There can also be other variantions of it made and i want that too all different sizes and shapes but it the same product

Peter D. Mlynek
Peter D. Mlynek answered on May 5, 2020

Congratulations on your new venture. I hope that it will be profitable for you.

And also congratulations about worrying about patents now, before you start the production and sales. Too many people ignore patents, spend lots of money on designs, tooling up, and manufacturing their...
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1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: What is standards of novelty and nonobviousness in patent law? If I have a new food product.

How does it apply to a new food product?

John Brian Hudak
John Brian Hudak answered on Apr 29, 2020

In general the standard for novelty and obviousness are:

Novelty: 35 U.S.C. 102 - An invention must be novel in order for the invention to obtain a patent. An invention is novel if all the elements of the invention were not previously described by someone else. An invention is not novel if...
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1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: What does standards of novelty and nonobviousness mean? How does it apply to protecting a new food product?

I am trying to protect my new food product from being copied in the marketplace. How do standards of novelty and nonobviousness apply? Please explain?

Bill Hulsey
Bill Hulsey answered on Apr 28, 2020

they are requirements for a patent

1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: Can a food recipe be patented? I have a food product that I want to protect from someone analyzing my food product.

I do not want my product copied. How can I protect it in the marketplace? What are the standards of novelty and nonobviousness? How will it apply to my product?

Bill Hulsey
Bill Hulsey answered on Apr 28, 2020

Yes. The standards of novelty and nonobviousness apply.

2 Answers | Asked in Estate Planning and Patents (Intellectual Property) for Michigan on
Q: Where can I obtain a quick deed to redo paperwork for my house
Trent Harris
Trent Harris answered on Nov 12, 2019

My advice would be for you to contact a real estate attorney in your area. Deeds are legal documents which, if not drafted correctly, can result in problems in the chain of title and can affect your ability to get financing for your property, or your ability to sell or convey the property later.... Read more »

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3 Answers | Asked in Patents (Intellectual Property) for Michigan on
Q: I created a unique plant fertilizer product that is retail. I solely control formula and want to protect & patent. How?

The product was registered, tm and certified by all governing bodies in order to sell.

Trade secret formula as of now

Peter D. Mlynek
Peter D. Mlynek answered on Apr 10, 2019

Wow, you already went through the regulatory dance. Great!

To get a patent, contact a patent attorney to get you started. (I do patents for formulations on daily basis for my clients, and I've done some in ag chem).

Make sure that you have some good data over other common...
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1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: help me get the checks I received for my parents into my name

I received checks one for xxx and xxx I am their daughter and am the one that is entitledto these checks. I was wondering what I have to do so I can get them into my name and cash them.

Kevin E. Flynn
Kevin E. Flynn answered on Mar 5, 2019

I do not see this as a patent question. I am not sure whether you have a contract issue or a trust and estate/wills issue. You need to review the reason why the checks should be made out in your name and then select an appropriate area of law within Justia. Right now, your question is going out... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Michigan on
Q: i have an idea to modify and existing patent. can i patent my modified design?
Peter D. Mlynek
Peter D. Mlynek answered on Feb 27, 2019

Yes, you can. Patents are granted on new things, but on improvement on existing things. For example, Alexander Graham Bell invented the telephone, but people are still making improvements to telephones and getting patents for them.

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2 Answers | Asked in Patents (Intellectual Property) for Michigan on
Q: PATENT #6,602,028 B1, Life cycle ending 06/2019 can I reproduce these parts without legal repercussions from Sandvik

I have companies contacting me to re-produce patented parts. The parts are no longer available can I legally reproduce through reverse engineering.

Peter D. Mlynek
Peter D. Mlynek answered on Feb 19, 2019

You may want to check the patent term ending again. I am getting an expiration date of May 14, 2020. (But I may well be mistaken in my calculations)

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2 Answers | Asked in Patents (Intellectual Property) for Michigan on
Q: How can a patent be issued to one inventor using 2 parent and 1 child patent with two inventors listed?

My former partner used 3 of our existing patents as parent/child patents to have me removed from a new patent using my technology. I am not listed on the new patent but I am listed as the inventor on the 3 patents cited as parent/child.

Peter D. Mlynek
Peter D. Mlynek answered on Dec 6, 2018

This is a common question. A couple of points:

(1) It is essential that the correct contributors get listed as inventors. You can't have any more, or any less, or different, people listed as inventors. If wrong people are listed as inventors, the patent may be invalid and not...
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1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: Made a stuffed animal years ago. Got a patent . How can I see the descriptive drawings figures 1 - 4 ? D258167

D258167

Peter D. Mlynek
Peter D. Mlynek answered on Jul 9, 2018

Try:

https://patentimages.storage.googleapis.com/41/b3/13/9416908e0b52dd/USD267103.pdf

1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: Why does Fidgetland Rizzle go to Shark Tank without a patent?

I'm a law school student and am doing research on patents. I'm wondering why the fidget toy appear on Shark Tank without getting a patent first? Now there are a lot of similar looking toys.

Peter D. Mlynek
Peter D. Mlynek answered on Jun 10, 2018

I've seen a few of the Shark Tank episodes, but unfortunately not one with a fidget toy. Let me try to answer as much as I can though.

As you know, for Sharks having a patent (or filed a patent application), is important for some products. But not for all products or companies....
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Michigan on
Q: How does Tangle Inc still have the patent for the tangle toy? I remember grew up having it as a toy in my childhood.

How does Tangle Inc still have the patent for the tangle toy? I remember grew up having it as a toy in my childhood. Now I'm 30 years old.

I'm doing patent law research and came across the US patent 7601045 from Tangle Inc. It seems this patent only apply to the textured toys, not... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Jun 10, 2018

This type of a question is fairly common. How can there be a patent on something that has already been in existence many years before the patent was ever filed?

The answer almost always is that the patent claims a product that is somehow improved over the old product. There is something...
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1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: How do I see if something is coverd in a patent?

I'm building something and I want to make sure I'm able to do So before i get my self into any kinda legal trouble.

Kevin E. Flynn
Kevin E. Flynn answered on Apr 11, 2018

You can do some searching for issued patents or for pending applications that are in queue ahead of you. My slide set at http://bit.ly/Patent_Searching will help.

Interpreting the scope of patent claims is a bit tricky. If you find things that are close you should get advice from a...
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2 Answers | Asked in Patents (Intellectual Property) for Michigan on
Q: Do I have rights to a patent claim if I helped research the topic?

So I have spent numerous hours with a team to research a topic. I was then absent for a few months because of school. I then come back to work and they have developed an algorithm that I helped research, but not necessarily design. Do I still have rights to be on my teams patent?

Peter D. Mlynek
Peter D. Mlynek answered on Apr 5, 2018

This is a very frequent question. A couple of points.

(1) It is very, VERY important to identify the inventors correctly. Only the true inventors, not any more, not any less. Unlike selecting authors in journal articles or posters, there is no leeway. The patent attorney needs to get the...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Michigan on
Q: If I own the patent to a product and I produce the product can someone sell the product without my permission?
Peter D. Mlynek
Peter D. Mlynek answered on Dec 23, 2017

If you make a product, and you sell it to, for example, a wholesaler, then the wholesaler will be able to sell it someone else without your permission. There are ways of preventing the wholesaler from selling it further without your permission, but that is unusual.

If your question is...
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1 Answer | Asked in Contracts and Patents (Intellectual Property) for Michigan on
Q: What happens if my late husband sold a patent, and it has recently transferred into Ford's name?

My husband passed just prior to the transfer of the patent. How do I obtain information regarding the payout from the patent? We'd already set up an account for the deposit, but I will need to redo the paperwork as time has passed since the initial setup.

Peter D. Mlynek
Peter D. Mlynek answered on Jul 28, 2017

My condolences to your husband's passing. I can't even imagine what you must be going through.

With regards to your question, at this point, the patent is simply a personal asset as much as a car, an art collection, or a business. This is no longer a question for patent...
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1 Answer | Asked in Patents (Intellectual Property) and Probate for Michigan on
Q: Do I need to fill out a separate Amended Account of Fiduciary or can I enter an 'Annual-Amended ' form

I made a mistake thinking that one IRA was two because it was with one bank but overseen by another. I need to rectify the mistake on an amended (this happened about 3 -4 months ago-procrastinated.. but the Annual is coming up. Do I need to do one for each or can I do an amended -annual ,... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on May 29, 2017

I assume this is for a legally incapacitate person's estate rather than a decedent's estate, but you SHOULD amend this ASAP rather than just 'waiting' -- if there are issues it is best to get this resolved ahead of time, and not wait ... if this is just a clerical mistake as you... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: Please tell me if your my husbands Lawyer that patented speed latch on 9/23/2003 I'm the wife and I

I would like to re open the paten again if I could.

Is there a way?

Peter D. Mlynek
Peter D. Mlynek answered on Mar 1, 2017

I am sorry, but I think that the patent is irretrievably gone.

No, I am not your attorney, but here is what I found based on publicly available records on patent 5,947,356, issued September 7, 1999.

Steven asked the U.S. Patent Office in October 2011, shortly after your husband’s...
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1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: Can I create an accessory for a patented product?

I came up with a product idea (accessory) that would allow a patented product to work with other products (competitor products). Can I create and sell this product or will it be infringing on the original products patent.

Benjamin W Scott
Benjamin W Scott answered on Feb 12, 2013

You should be able to create and sell an accessory without infringing on the original product. The patent owner only has a right to exclude others from making, using, selling, or importing the product without permission. The patent right does not exclude others from making accessories that can be... Read more »

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