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Michigan Patents (Intellectual Property) Questions & Answers
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
PREMIUM
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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