New York Intellectual Property Questions & Answers

Q: I have an idea for a Credit Card product that will solve a number of problems for Banks & Card Issuers. Can I patent it?

4 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Banking for New York on
Answered on Mar 21, 2019
Ahaji Kirk Amos' answer
I can't tell you that you can patent your invention. You can patent an invention that is patentable subject matter. It must be new, non-obvious and you must be the first to apply for a patent on the invention. You don't need a prototype so long as the invention is fully developed/designed.

Q: I am writing a recipe book and call it "Instant Pot Best Recipes." Should I get permission to use "Instant Pot"?

1 Answer | Asked in Intellectual Property and Trademark for New York on
Answered on Feb 5, 2019
Marcos Garciaacosta's answer
You should definitely ask for permission.

It is possible that they will come after you and stop you from using that name.

You can consider other alternative names.

If you contact them, it may be possible they grant you the right to use the name, and you should consider negotiate some benefits

Best luck

Q: Can an artist draw a picture from said photograph as in for a coloring book ? Is that still copywriter infringement?

1 Answer | Asked in Copyright and Intellectual Property for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
If your drawing is a near or exact copy of another's art work, that sounds like copyright infringement. There are a few defenses: https://www.lib.purdue.edu/uco/CopyrightBasics/exceptions.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,...

Q: On my patent. It is only a patent number? Is there a patent number and id?

1 Answer | Asked in Intellectual Property for New York on
Answered on Jan 30, 2019
Griffin Klema's answer
There are a few different numbers associated with an issued patent. Besides the patent number, there is the document ID (US 20140200123 A1) and an application number (61753222) for patent no. 9,138,609. You can look up all the information on your patent through the USPTO's database, called Public PAIR (https://portal.uspto.gov/pair/PublicPair). I hope that helps!

Q: can card game ideas be patented?

1 Answer | Asked in Intellectual Property for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
You may need to first consider whether you need a copyright, patent, and/or trademark, as a card game can conceivably involve different types of intellectual property rights. It's crucial to ensure you've done your research on similar products to determine whether you are violating any others' IP rights, as well. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me,...

Q: Could you tell me which inventor would be the primary on the project? It is just whoever is listed first?

1 Answer | Asked in Health Care Law and Intellectual Property for New York on
Answered on Jan 9, 2019
Ali Shahrestani, Esq.'s answer
The inventor of the patent is named under the patent information on the USPTO webpage, and where there are multiple inventors they are typically listed in order of primacy. E.g, see: https://patents.justia.com/company/tesla. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Q: Want to get the rights to use music from an old TV show in a short film I am making. I believe it's owned by CBS.

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for New York on
Answered on Jan 2, 2019
Ali Shahrestani, Esq.'s answer
See my reply to your same question posted in the CA section of this forum. A license from the copyright owner would be required if you don't qualify under the "Fair Use" exceptions. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I...

Q: What can I do to make this business start legally the right way?

1 Answer | Asked in Gaming and Intellectual Property for New York on
Answered on Dec 25, 2018
Peter D. Mlynek's answer
This is a very common question. Many bloggers and fans of shows or movie stars get really discouraged when they get cease & desist letter from the shows/stars lawyers.

Your situation is even more problematic: you are trying to raise funds, and then sell products and make money off the TV show. It is a commercial enterprise, and you are much more likely to get a C&D letter than some blogger or fan site operator. Whereas many stars may be hesitant to needlessly piss off their fan...

Q: I want to patent a product. Do I have to make sure every single part of the product is not yet patented?

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Answered on Dec 25, 2018
Peter D. Mlynek's answer
This is a common question.

No, you do not have to make sure that every single part of the product is not yet patented. Almost all patented products have parts that are already known. So, in your example, for a water bottle with a temperature sensor, it is OK to take a commercially available temperature sensor.

The problem is that your invention must be new (novel) and not obvious. This means that if you buy a water bottle, and just slap an aquarium temperature strip onto a...

Q: Can I patent a mouthwash made w/ over-the-counter ingredients offering no health claims other than fresh breath?

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Answered on Nov 27, 2018
Peter D. Mlynek's answer
Yes, this is done all the time. Your patent would be a formulation patent. The majority of patents that I write are formulation patents.

A couple of notes:

(1) The biggest problem that you need to overcome is the obviousness rejection. You can't just take known ingredients, mix them up to make a new mouthwash, and get a patent on it. There must be some sort of unexpected results, such as synergistic effects.

(2) You are going to have to come up with some hard-core...

Q: Good day! What are the specifics of psychology medical practice methods patenting? Are they patentable at all?

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Answered on Nov 14, 2018
Griffin Klema's answer
Short answer: Maybe.

Long answer: Generally speaking methods of providing a therapy are patentable, but it is hard to get into the any specifics without some factual context for your case (and I recommend against seeking same in a public forum). All patents are subject to the statutory requirements, including novelty (102), obviousness, (103), and subject matter eligibility (101). The Alice v. CLS Bank case may or may not limit the patentability of a "psychology medical practice"...

Q: Is it possible to patent a very specific PROCESS that is part of a public website?

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for New York on
Answered on Nov 7, 2018
Kevin E. Flynn's answer
It is hard to patent a web site under the current case law. You usually need to show that you have invented a way to make web sites work better and that is normally independent of the content of the web site.

Putting that aside for now -- one cannot take something that is already in public use and file a patent for it in the United States. Secondly, a person only gets to patent what that person invents. So any patent granted to a person for an idea that the person stole from someone...

Q: Netflix has stolen my registered trademark. How can I afford to take them to court?

1 Answer | Asked in Intellectual Property and Trademark for New York on
Answered on Oct 20, 2018
T. J. Jesky's answer
Wow! It sounds like you actually have valid trademark infringement case against Netflix. This is big time. If you do have a registered trademark and the use of the trademark infringes your trademark, you are on the side of the angels. In certain trademark infringement cases, monetary relief may be awarded, which would include: Netflix’s profits using your trademark, your damages, and the costs of litigating. Treble damages may be awarded in cases where such gross negligence was used...

Q: Is it legal to consult a textbook when writing a script for a monetized YouTube video?

1 Answer | Asked in Copyright and Intellectual Property for New York on
Answered on Sep 18, 2018
Peter D. Mlynek's answer
It is OK. Based on what you wrote, there should be no problem.

Q: I would like to trademark and copywrite my patches how do I do that

1 Answer | Asked in Copyright, Intellectual Property and Trademark for New York on
Answered on Sep 4, 2018
Peter D. Mlynek's answer
If you are talking about software patches, where you are making changes to a computer program designed to update, fix bugs, or improve it, then you need to take a look at the contract that you've signed with the software provider just exactly who gets to own the IP rights.

If you are talking about embroidered patches designed to be applied to clothing, then you may be able to trademark these. You should be careful that your patches do not infringe on patches of other people, entities,...

Q: Using Magazine and Newspaper covers on my website.

1 Answer | Asked in Consumer Law, Copyright, Communications Law and Intellectual Property for New York on
Answered on Aug 13, 2018
Michael David Siegel's answer
You cannot do it. The logos and designs of newspapers are copyrighted.

Q: Trademark issue from previous owner?

1 Answer | Asked in Intellectual Property, Trademark and Internet Law for New York on
Answered on Aug 7, 2018
Benton R Patterson III's answer
Do you have a written agreement that shows he agreed to assign the trademark to you? If so, enforcing the agreement may be the easiest option.

Q: Is there any pro bono available in the area of intellectual property ?

1 Answer | Asked in Consumer Law and Intellectual Property for New York on
Answered on Jul 24, 2018
Michael David Siegel's answer
This is over $5000? You can bring a small claims suit. Why would someone do this pro bono?

Q: What are the legal steps to start a brand for and copyright the creative works of an artist?

1 Answer | Asked in Copyright, Business Formation, Business Law and Intellectual Property for New York on
Answered on Jul 1, 2018
John Espinosa's answer
It sounds like you are currently operating as a sole proprietor, where there is no legal separation between you and your business. Your first step might be to form a separate legal entity, such as a single member LLC, with its own tax ID number and bank account for all of your business activities as an artist. Then copyright everything you can. You probably will not be able to get trademark protection for your own name though.

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