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Minnesota Patents (Intellectual Property) Questions & Answers
3 Answers | Asked in Patents (Intellectual Property) and Products Liability for Minnesota on
Q: Patent 7803360 protects a product that is degradable underwater.

Does this mean that no one is never allowed to make a bio degradeble lure other than this company? If one would be able to create something, they wouldn't be able to sell it? Not quite sure I understand how this patent works. Or is the patent designed to protect their formula, meaning if one... Read more »

Carl Massey Jr
Carl Massey Jr answered on Dec 8, 2021

To understand what exclusive right is possessed by the patent owner, it is necessary to read the claims of the patent. The patent only provides the exclusive right to practice what is specified in the claims. Claims 1, 21, and 22 in this patent are independent claims. Unless a possible infringer... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Minnesota on
Q: I paid $8k to get a book produced for an invention. I gave it to someone 8 yrs ago and it was never returned. Can I sue?

I have asked for the book over the years and I never got a response. It's quite possible that someone else came up with the same idea and patented it. How do I pursue filing a lawsuit?

Kevin E. Flynn
Kevin E. Flynn answered on Jun 14, 2020

The first stage of this problem is not a patent question. Seems that at the core, that you had a contract with someone to do something for you. You said that you paid and provided material for them to use on the project and they did not perform. You should start with contact with an attorney... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Minnesota on
Q: Do the claims under this patent appear to be too abstract to justify validity?

I'm trying to determine if a new invention will pose risk for infringement. The claims under this patent seem very abstract in nature, thus preventing anyone from designing an application that retrieves general fishing related-data from users, processing it and then providing results based on... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Apr 4, 2020

You really need to contact a patent attorney to help you. The patent attorney should be able to tell you whether your company's product (or service) infringes of that patent or not.

If it looks like that your product infringes on the patent, then you have several options. You could...
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1 Answer | Asked in Patents (Intellectual Property) for Minnesota on
Q: I believe my patent is being infringe upon.US Patent #: 7631814 Is my patent still active

I believe my patent is being infringe upon.US Patent #: 7631814 Is my patent still active

Kevin E. Flynn
Kevin E. Flynn answered on Feb 12, 2020

US Patent No. 7631814 for Portable Sports Equipment Scent Dispersion Apparatus is listed in Google Patents as expired for failure to pay a maintenance fee. If you are the patent owner and the failure to pay the maintenance fee was unintentional, this can be fixed.

Ideally, a patent...
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1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Minnesota on
Q: Are there copyright/trademark restrictions that prevent me from selling merchandise with pictures of people's cars?

The pictures would be taken by customers of their own cars and would likely have the vehicle logo visible, and below the picture there would perhaps be a name for the vehicle they choose or a phrase of their picking...

Thank You!

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 30, 2019

Be careful on this

if it is on request of the owner of the car, and it is limited, you may be ok

you should definitely consult with an attorney before jumping in

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for Minnesota on
Q: had an invention that was seen on the internet recently...took a while but finally saw the invention or one similar...

need to know what can be done to help me on this situation...

Peter D. Mlynek
Peter D. Mlynek answered on Dec 6, 2019

This happens, unfortunately, all the time.

If you have a patent on your invention, then go see a patent litigator to give you options on how to get some sort of licensing agreement of your patent in place, or to file a suit.

Good luck!

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Minnesota on
Q: Would a US Patent only cover my rights in the US or could I use a patent cooperation treaty with a US patent to further

Protect my rights.

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Jul 22, 2019

A US patent is valid only in the US. You can use a PCT application, if you are still within the time limits, to file in other PCT countries. That requires a new application.

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Q: Does this form of business protect my right internationally, to say I patent articles under the name of the corporation
Kevin E. Flynn
Kevin E. Flynn answered on Jul 8, 2019

We do not have an option for an international patent. (Yes, I know many people write that they have an international patent, but they are wrong). We have a type of patent application that is the front end for many patent system. This is called a Patent Cooperation Treaty Application (PCT... Read more »

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Minnesota on
Q: I am interested in pitching a recovery technique/business model to a large fitness conglomerate. Do I need patent?

I am concerned my intellectual idea may be stolen and replicated as this corporation is needed to provided initial capital to develop the business idea which may then be able to be self-sufficient if the idea is successful.

Lucas Wynne
Lucas Wynne answered on Aug 7, 2016

I am not a patent attorney, but you cannot patent an idea - it has to be an actual invention/product. With that being said, you can retain an attorney to draft a contract that would offer you some protection in the event your idea was stolen.

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