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Michigan Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Michigan on
Q: We had applied a patent before many years ago by Mitsubishi Could you please help me for what happened
James L. Arrasmith
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answered on Mar 4, 2024

To find out the status of a patent application submitted through Mitsubishi or any other entity, you have several options to explore. Initially, you can check the public databases provided by patent offices, such as the United States Patent and Trademark Office (USPTO) in the U.S. or the World... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Michigan on
Q: Would creating a knife blade with similar shape but different ornament from one patent and adding to a handle from a

Different manufacturers knife handle that has a separate patent be infringing?

James L. Arrasmith
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answered on Oct 23, 2023

Patent infringement occurs when someone makes, uses, sells, or offers to sell a patented invention without the patent owner's permission. If the knife blade is only similar in shape but has a different ornamentation, it might not infringe on the original patent, provided the ornamentation is... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Michigan on
Q: Would creating a knife blade with similar shape but different ornament from one patent and adding to a handle from a

Different manufacturers knife handle that has a separate patent be infringing?

Adam W. Bell
Adam W. Bell
answered on Oct 19, 2023

There is nothing to prevent you from combining two or more elements from different patents to produce somethin novel and patentable. However the product needs to be novel and non-obvious.

On the other hand if your question is whether ou would be infringing if you took a patentad product,...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Michigan on
Q: How is it possible that someone can hold a patent for shredded foam when they did not invent shredded foam?

No more information is required in order to answer this basic question.

James L. Arrasmith
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answered on Jul 10, 2023

A patent can be granted for a specific method, process, or application related to shredded foam, even if the material itself is not a new invention. The patent holder may have developed a unique innovation or improvement in the use or production of shredded foam that meets the requirements for... View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Michigan on
Q: Intellectual property: I provided a product idea to a company. They stole the idea and used it to secure a patent.

...

Kevin E. Flynn
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Kevin E. Flynn
answered on Jan 23, 2023

This is going to require that a patent attorney take a deep dive on the material that you provided and the nuances of the issued patent claims. There may be a path to correct inventorship to add you as one of the inventors. If you did not assign over your rights, then being a coinventor makes you... View More

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Michigan on
Q: Intellectual property: I provided a product idea to a company. They stole the idea and used it to secure a patent.

...

Peter D. Mlynek
Peter D. Mlynek
answered on Jan 31, 2023

You may be out of luck.

Good companies listen to their customers. Often, a company is told of an idea by its customer, supplier, vendor, employee, etc., and the company develops the idea into an invention, which is then patented.

If you pitched your invention to company, then...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Michigan on
Q: Do I require a patent to protect an herbal formula while I try to sell/license it? Will something cheaper suffice?

I have come up with a novel formula of herbs that act as a strong stimulant together. I developed it over years to overcome difficulties at jobs and to keep me awake on overnight drives. It is stronger than energy drinks, at least for me.

I'm looking to protect as I seek to profit off its value.

Erik Špila
Erik Špila
answered on Jan 5, 2023

Very hard to say the exact and the only solution for you here. You should discuss this with your local intellectual property lawyer. In general, you can use the institute of trade secret and also carry some legal protection with it. However you need to meet some legal requirements for this and that... View More

1 Answer | Asked in Contracts, Business Law and Patents (Intellectual Property) for Michigan on
Q: Have idea to enhance an existing product for existing business. What kind of atty to draft protection, more than a NDA.

I Have an idea to enhance an existing product for existing business, I would like to propose the idea to this business but would like to protect myself for compensation if they should like it and want to go through with it. What kind of an attorney would I seek to draft protection, I want more than... View More

Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Dec 14, 2022

Beyond an NDA, you could talk to a patent attorney to discuss possible patent protection. In an initial conversation, you can discuss whether your idea is a good candidate for a patent application.

2 Answers | Asked in Patents (Intellectual Property) for Michigan on
Q: If an inventor signs over all rights to his invention to a corporation, Is the corporation required to have an attorney

Is the corporation required to have an attorney to file for the actual patent?

Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Oct 6, 2022

Hello! Yes, if the corporation is to be the “Applicant” on a U.S. patent application, the patent application has to be signed by a registered patent attorney or a registered patent agent.



I am a registered U.S. patent attorney, however, absent a mutually-agreed, written...
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1 Answer | Asked in Patents (Intellectual Property) and Trademark for Michigan on
Q: Hi, I have an idea for a new product. What things should I have done prior to contacting a patent attorney? Thank you!

The product should be relatively easy & inexpensive to manufacture. I’ve done as much in-depth research as possible online - and nothing like this exists as far as I can tell. I’ve spoken with friends, relatives, neighbors about a need for such an item and I’ve received 100% positive... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 11, 2022

Kudos to you for doing some prep work before your first meeting with a patent attorney. I love clients like that. I teach entrepreneurs about the patent process. I think it would be worth your time to review my intro slide set just so that you have some vocabulary and basic concepts... View More

2 Answers | Asked in Business Law and Patents (Intellectual Property) for Michigan on
Q: If a product has a similar purpose as another BUT it is a different design and material is a patent infringement?

My mother sews and saw a product a few years back that was neat - She thought it would work better with a different design and material - however it serves the same purpose - the other company that has a patent-pending on it contacted us today and I was curious where we can find the exact info on... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Jun 17, 2021

It is hard to say without specifics, but if there is an activity like sewing that has been around for thousands of years, and a company comes up with a new product to help workers perform the activity better, the company will likely patent the product, as well as a method of using that product.... View More

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2 Answers | Asked in Patents (Intellectual Property) for Michigan on
Q: Can you produce/make an item that has a patent after 20 years ? The inventor is deceased & his sons won't care.
Michael Zamzow
Michael Zamzow
answered on Jun 5, 2021

Contact an intellectual property law firm about this.

Patents expire 20 years after the earliest date of filing, but sometimes there are patent term adjustments that extend that period.

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1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: What's the average price to apply for a utility patent?
Peter D. Mlynek
Peter D. Mlynek
answered on May 11, 2021

The price for drafting and filing a utility patent varies widely, but about $7,000 to $12,000 seems like a good ball park figure.

1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: Why do the computer software related patents have 3 groups similar claims? For example: US9311057B2

Is it always good to claim 3 aspects in computer software related patent?

Peter D. Mlynek
Peter D. Mlynek
answered on May 11, 2021

You have good observation skills.

An applicant can have has as many claims in the patent application as is desired. I've seen patents and patent applications with just one or two claims, but I've also seen patents with hundreds of claims. Typically, a patent has one or more...
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1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: How can I obtain an electrical drawing of an issued patent for a tabletop home deep fryer? The patent is #D600066.

The patent # on the bottom of the deep fryer is 200630060898.8 I took my deep fryer apart to clean the build-up of oil and grease and I want to be accurate in reassembling the electronic and mechanical parts. The Canadian Patent Office helped me obtain the American D600066 number.

Where... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Mar 18, 2021

Sorry. All you have is a design patent number. That just shows the ornamental appearance and none of the inner details.

https://patents.google.com/patent/USD600066S1/en?oq=D600066+

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Michigan on
Q: Niagin owns the patent to NR, but yet there are still other companies selling the raw material. Is this patent infring?
Peter D. Mlynek
Peter D. Mlynek
answered on Jan 27, 2021

I am not going to give you an opinion on Niagen booster supplement containing naturally nicotinamide riboside (NR), because I do not know all the facts, but here are a few comments.

Generally, naturally occurring compounds are not patentable. Anyone can make, use, or sell such compounds....
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3 Answers | Asked in Copyright and Patents (Intellectual Property) for Michigan on
Q: Can I patent a formula for a hair product I’m creating for a celebrity?

I currently create a hair product for a celebrity that I created and cook in my kitchen. I package it and send it and she applies her label to it. Can I patent the formula just in case she wants to buy it, how do I know how to price the formula? She has ingredients, not the specific formula... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Jun 9, 2020

Yes, you could get a patent on a formulation of a hair product. As a matter of fact, I have written several of them for clients.

But I have to warn you: it is not easy. It is not easy to get a patent on a new mixture of known ingredients, as you seem to be doing. Firstly, it is likely...
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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 B. Hudak
John B. 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
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Bill Hulsey
answered on Apr 28, 2020

they are requirements for a patent

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