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Nevada Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Nevada on
Q: Hi, I have a new tableware design that is different in both utility & design. How much would it cost & which patent?

It seems long & expensive to apply for a patent & I have limited resources.

However I don't want to see someone else get the credit or financial recompense of my experimentation & hard work.

I especially don't want to get locked out of my own designs if... View More

James L. Arrasmith
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answered on Apr 26, 2024

Hi there! I'd be happy to provide some guidance on protecting your new tableware design. Given the information you've shared, a design patent may be the most appropriate type of intellectual property protection for your work. Here's an overview of the process, costs, and timeline:... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Nevada on
Q: Can I save the original patent that went to the appeals court and I got the answer November 2021? And I also have 3
James L. Arrasmith
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answered on Oct 23, 2023

If you're looking to preserve an original patent that went to the appeals court, you'll need to ensure that it's properly documented and stored in a safe location. If the appeals court issued a decision in November 2021, it would be prudent to maintain a certified copy of that... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Nevada on
Q: Can I save the original patent that went to the appeals court and I got the answer November 2021? And I also have 3
Adam W. Bell
Adam W. Bell
answered on Oct 19, 2023

Abandoned patent applications can usually be revived, but only if abandonment was "unintentional".

Once your application has been rejected by the PTAB, you can do one of a number of things:

1) Request a Rehearing within 2 months of the decision

2) file an RCE...
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3 Answers | Asked in Patents (Intellectual Property), Trademark and Intellectual Property for Nevada on
Q: What is the total time required to file a patent and trademark, how soon is my info be publically available on the USPTO

I hired an attorney 3 months ago, he was trying to file a patent and trademark, but still, the information didn't show up publically nor did he provide any application number, Also, he keeps saying the application keeps being rejected, can hire another attorney?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2023

An application for federal trademark registration is filed online and immediately assigned a serial number, and it is publicly accessible within a few days at most. It could not be rejected yet, as it takes over 8 months before an application is assigned to an examining attorney. Your attorney is... View More

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3 Answers | Asked in Patents (Intellectual Property), Trademark and Intellectual Property for Nevada on
Q: What is the total time required to file a patent and trademark, how soon is my info be publically available on the USPTO

I hired an attorney 3 months ago, he was trying to file a patent and trademark, but still, the information didn't show up publically nor did he provide any application number, Also, he keeps saying the application keeps being rejected, can hire another attorney?

T. Augustus Claus
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answered on Aug 30, 2023

In Nevada, the time required to file a patent and trademark can vary depending on factors such as the type of patent or trademark and the complexity of the invention or design. Generally, the process for both can take several months to several years, involving steps such as examination, review, and... View More

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3 Answers | Asked in Patents (Intellectual Property), Trademark and Intellectual Property for Nevada on
Q: What is the total time required to file a patent and trademark, how soon is my info be publically available on the USPTO

I hired an attorney 3 months ago, he was trying to file a patent and trademark, but still, the information didn't show up publically nor did he provide any application number, Also, he keeps saying the application keeps being rejected, can hire another attorney?

James L. Arrasmith
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answered on Sep 7, 2023

Filing a patent can be a lengthy process and it generally takes about 1 to 3 years for a patent to be granted, while trademark registrations can typically be finalized within 6 months to a year if there are no oppositions or refusals. Regarding public availability, once a patent application is... View More

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1 Answer | Asked in Patents (Intellectual Property) for Nevada on
Q: Can I create a product that is similar to a current patented product?

There is currently a patent for an item that has interchangeable heads that screw on. Can I create the same type of product with interchangeable heads if it attaches in a different way?

Kevin E. Flynn
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Kevin E. Flynn
answered on Mar 25, 2021

First, I commend you for giving thought about whether your proposed course of action will be beyond the scope of the patent rights of another.

Now to the question of whether you can do what you propose. The answer is it depends. It really depends on what specifically is in the claims of...
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2 Answers | Asked in Patents (Intellectual Property) for Nevada on
Q: How do I know if my idea infringes on a patent? Patents are very complicated. Do I make an appointment with a lawyer?

There are all sorts of products that are similar or improve on an already existing idea. My idea is in that atmosphere, but the marketing concept for my would-be product is vastly different than the product that already exists. I've been brainstorming ways to create a different design that... View More

Stephen Kontos
Stephen Kontos
answered on Dec 28, 2020

You should be working with a patent lawyer during the R&D process. In general, a patent lawyer can help you understand the scope of the patent, identify other patents in your technical area that might be of concern, and help you either design around any enforceable patents or seek a license... View More

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1 Answer | Asked in Patents (Intellectual Property) for Nevada on
Q: I would like to patent a face mask idea
John B. Hudak
John B. Hudak
answered on Aug 14, 2020

Consider using the find a lawyer function in Justia to look for a patent attorney. Call around and get some quotes. The patent attorney will guide you through the process.

This answer includes generalizations and there are many caveats. This answer does not form an attorney client...
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3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Nevada on
Q: Who owns the intellectual property (photo), if a friend used my cell phone to take the photo of my property?

My friend used my cell phone to take a picture of my sound bowl and it came out beautiful. She he says the picture is his intellectual property. Although the cellphone used to take the picture and the sound bowl is mine. Who owns the photo?

Kevin E. Flynn
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Kevin E. Flynn
answered on May 27, 2020

This is not a patent question so I will defer to an attorney in your state to give you a formal answer.

To get some background on copyright from a reliable source. Here is a link to the Frequently Asked Questions Page by the US Copyright Office....
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1 Answer | Asked in Patents (Intellectual Property) for Nevada on
Q: how much does a patent cost to file?
Peter D. Mlynek
Peter D. Mlynek
answered on Apr 4, 2020

$785

You need to pay $785, when filing a regular patent application. The fees include filing fee, search fee and utility fee.

However, there are some discounts, and many additional surcharges, so depending on circumstances, the actual fee that you need to pay to the Patent Office...
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2 Answers | Asked in Patents (Intellectual Property) for Nevada on
Q: Patent lawyer needed. Want to see if the idea I have for a new style of electrical box is already patented

searching to see if a patent is already taken for a new style of electrical box for your home.

Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 9, 2019

You may want to review this slide set on how to do some preliminary searching on your own. http://bit.ly/Patent_Searching You may find that your idea is patented or was at least published as a pending application.

As noted in the slide set, you will not be able to see all the...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Nevada on
Q: Regarding the porter case patent.. if I change the material or a little design just a little is it acceptable?
Peter D. Mlynek
Peter D. Mlynek
answered on Aug 22, 2018

I am not sure which Porter Case patent you are referring, so it is hard to answer this question. But here are some guidelines.

(1) There appears that are only about 6 Porter Case patents. Some of these are pretty old, and they have expired by now, but some are still in force. You need...
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Q: Intellectual/Moral Rights Signed to Corporation FOREVER?

I'm a 20-year old male in the state of Nevada looking for work online. I've applied to an online AI-research company and have gotten a request for my first job. In the agreement attached, there is a few things I'm wary of before signing. It may just be paranoia, but I would like to... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Mar 16, 2018

I think that the assignment of all IP rights forever has to do with assigning all the rights that you produce for the company while you are engaged in an assignment for them. It does not extend to IP rights that you generate during your lifetime after the engagement ended.

You may want to...
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2 Answers | Asked in Patents (Intellectual Property) for Nevada on
Q: Can I follow through with the patent process after it has been abandoned for some time?
Peter D. Mlynek
Peter D. Mlynek
answered on Feb 23, 2018

Under some circumstances it is possible to revive a patent or a patent application that was abandoned. For example, if you wanted to pay the maintenance fee or file a Reply, but couldn't (such as your company went bankrupt), then you can revive it if you pay sufficient fees. Or if the patent... View More

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1 Answer | Asked in Patents (Intellectual Property) for Nevada on
Q: I'm thinking of starting a glasses company. Are there patents for hinge designs if they are printed in 3D?
Kevin E. Flynn
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Kevin E. Flynn
answered on Nov 10, 2017

Thanks for caring enough about doing the right thing to ask a question. The technical term for what you are asking is called freedom to operate (FTO) or sometimes "clearance". You are asking whether there are concrete legal rights that exist that would impinge on your freedom to operate... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Nevada on
Q: Patent Question: How do I safeguard an idea for a new product?

I have come up with an idea. In four (4) years of research, I have found that this product/item does not exist. I do not want this idea stolen. Before I seek financing, how may I patent this idea inexpensively? I have made the 'poor man's patent' and sent the idea to myself via... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Aug 30, 2017

Congratulations on coming up with a new product. I hope that it is a success.

You are also absolutely correct that you need to safeguard your idea. Among the documents that your investors will want to see prior to giving you money, is a patent application. If you do not have IP secured,...
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1 Answer | Asked in Copyright, Gaming, Intellectual Property and Patents (Intellectual Property) for Nevada on
Q: Hi, About Casino table game Patent number: D748736. How much would similar casino table game patent cost?

I´m planning to release new casino table game. So I´m interested about how much it costs. And which parts of patent process would be most expensive. THX

Peter D. Mlynek
Peter D. Mlynek
answered on Jun 20, 2017

Design patents applications preparation and filing run in the neighborhood of $1500 to $2000. Additionally, there is the cost of prosecution.

Good luck!

1 Answer | Asked in Patents (Intellectual Property) and Probate for Nevada on
Q: If my father got a patent on his invention and promised me money from it but has since passed away how would I go about

putting in my claim? Or can I even claim anything

Peter D. Mlynek
Peter D. Mlynek
answered on May 9, 2017

I am sorry that your father passed away.

To answer your question, first see how his will distributes his possessions, including his patent. A patent is a personal property, just as a boat or a stock certificate.

Second, if according to the will you are getting the patent, then...
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2 Answers | Asked in Business Formation, Business Law and Patents (Intellectual Property) for Nevada on
Q: What're the steps to starting a clothing brand?
Peter D. Mlynek
Peter D. Mlynek
answered on May 9, 2017

Congratulations on starting a new venture! I hope that it is successful.

It is good to hear that you recognize that intellectual property may be important to your business, and you are interested in protecting it so early on. You are way ahead. It is always hard for me to tell clients...
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