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New York Patents (Intellectual Property) Questions & Answers

2 Answers | Asked in Patents (Intellectual Property) for New York on

Q: Is this an actual patent or just an application/publication?

Peter D. Mlynek answered on Jul 28, 2019

Is what an actual patent or just an application?

You may want to resubmit this question wither with a link or a document number.

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1 Answer | Asked in Patents (Intellectual Property) for New York on

Q: If a patent attorney/agent accepts an inventor as a client, and the inventor then discloses his idea, and then further

....furthermore, while said idea has not been disclosed in public form, it turns out that the attorney/agent has accepted another client with the same inventive idea in process of being applied for - what is the attorneys legal obligation to 2nd client? Tell him that his idea has been "preceeded"?... Read more »

Kevin E. Flynn answered on Jul 18, 2019

Ideally, the process would not get that far. The attorney should ask each prospective client to say without disclosing anything proprietary what type of good or service have you improved? When the attorney learned that the second inventor was in the same space as the first client (possibly with... Read more »

1 Answer | Asked in Patents (Intellectual Property) for New York on

Q: HI. an item what its a public design can be patent if im just making it glow in the dark?

let say if im taking a frame for glasses what it is a public design and im making it glow in the dark can i put a patent?

Peter D. Mlynek answered on Jun 21, 2019

Sorry, but no. You will likely not be able to patent glow in the dark glasses, just by taking glasses and putting a glow in the dark paint on them. Putting a glow in the dark tape or paint on things to make those things glow in the dark pretty obvious; that is the whole point of having glow in... Read more »

2 Answers | Asked in Patents (Intellectual Property) for New York on

Q: Accidentally similar composition to this tablecloth patent, but different category, is this okay?

I am in the process of making washable coloring poster, accidentally similar composition to this tablecloth patent. I am using 100% polyester fabric (instead of a blend like this tablecloth), and the same Polyurethane backing - will this violate the patent?

Purpose is very similar, but... Read more »

Kevin E. Flynn answered on Jun 17, 2019

Your question did not include the patent number.

But here are some basic pointers.

1) Make sure that the patent of potential interest is still in force. It may have expired at the end of its full term. It may have lapsed early for failure to pay a maintenance fee.

2) Look...
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1 Answer | Asked in Patents (Intellectual Property) for New York on

Q: who was the first person taking patent on the headphones

Kevin E. Flynn answered on Jun 3, 2019

As a person with curiosity, you should develop your skills using the free patent search tools. Some useful tips are in my slide set on patent searching that I provide to entrepreneurs. http://bit.ly/Patent_Searching. I hope this helps.

Kevin E Flynn

2 Answers | Asked in Patents (Intellectual Property) for New York on

Q: I'm in the early stages of developing a board game and have a prototype done that I am ready to playtest.

I plan on bringing it to GenCon in August, but I am concerned someone may use my mechanics and concept for their game. I'm also not sure whether to patent the game, copyright, trademark or start a DBA. What would be the next step?

Peter D. Mlynek answered on May 19, 2019

Boardgames have traditionally been protected by copyrights and by trademarks.

This is good news for you, because it looks like the protection is going to be relatively cheap.

Good luck in Indianapolis!

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2 Answers | Asked in Patents (Intellectual Property) for New York on

Q: How can I sale a patented product ?

Hello , I have recently made incursions towards making a brand out of a specific product and discovered that is patent protected . Us 8,246,496 ; 8,579,737 these are the patents , now my question is , how can I sell them . Is it enough if I modify something in the product or do I need approval fron... Read more »

Peter D. Mlynek answered on May 4, 2019

You are going to have to hire an attorney to help you with this. Especially if you received a cease and desist letter.

You should also note that there are 4 other patents in this family (specifically, 9,162,127; 9,463,367; 9,480,894; and 9,999,816) that might be relevant to you....
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2 Answers | Asked in Patents (Intellectual Property) for New York on

Q: We are creating a product with an overseas manufacturer, how do we protect ourselves/ idea with this manufacturer.

Can you ask a manufacturer (fabric Mill or factory) to sign an NDA if they are developing a product for you that you brought to them to develop?

Kevin E. Flynn answered on Apr 26, 2019

You can ask them to sign agreements. The agreement should be written by a law firm that frequently does this sort of work. A agreement that you write based on something that you found on the internet is not really a good answer.

Depending on the country where they manufacturer is located,...
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4 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Banking for New York on

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?

I cannot 'deploy' the invention, of course, since I cannot issue credit cards. The idea is specific to how card fees are charged. How can I protect it.

Ahaji Kirk Amos answered on Mar 21, 2019

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.

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2 Answers | Asked in Patents (Intellectual Property) for New York on

Q: if i am making dress shirts for people with parkinsons and other challenges, are all shirts covered by this patent of ma

covered by this patent of magna ready.

my shirts will have a hidden magnet on either side of the placket so that it clicks and closes the shirt from the front

Kevin E. Flynn answered on Feb 6, 2019

Your question as passed on to lawyers was garbled. So I am guessing at what you asked.

It is hard to believe that there is a non-expired patent that covers using a magnet to close portions of a shirt. The good news is that I am not aware of any synonyms to the word "magnet" or...
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2 Answers | Asked in Copyright and Patents (Intellectual Property) for New York on

Q: Hello, how much would cost me to file anti cancer drug ?

we have anti cancer drug. we would like to file ?how much would it cost including hiring lawer ?

Peter D. Mlynek answered on Feb 5, 2019

To file a patent in the US will cost you $730, regardless of what the subject matter is.

How much will it cost you to get patent protection for an anti-cancer drug is a totally different question. As you know, cancer is the number 2 killer of people in most of the world, and will be #1...
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1 Answer | Asked in Copyright and Patents (Intellectual Property) for New York on

Q: Looking for a pro bono lawyer to assist me with patent questions regarding an algorithm and technology we are building.

Peter D. Mlynek answered on Jan 22, 2019

I am sorry, but you are going to have a tough time finding someone good to do pro bono work in patent law. Unless you are a church, a non-profit group, or some charitable organization, pro bono patent work is pretty much non-existent. The reason is that unlike in criminal law, patents are a... Read more »

1 Answer | Asked in Patents (Intellectual Property) for New York on

Q: do safety first stove knob covers have a patent? Thanks

Kevin E. Flynn answered on Jan 18, 2019

Here are some tips on doing your own patent searching. http://bit.ly/Patent_Searching You may want to augment this effort with hiring a patent attorney to do some additional checking.

I hope that this helps.

Kevin E Flynn

1 Answer | Asked in Patents (Intellectual Property) for New York on

Q: what is the form to file a private property patent claim on my land?

I have the warranty deed and title. I want to claim it private. There is no mortgage and the title is clean. How do I claim it private? where is the acceptance of deed to file a patent claim form?

Kevin E. Flynn answered on Jan 15, 2019

I am sorry, your question was sent out to people that seek patents for inventors. You need to submit this question under the category of real property.

I hope this helps.

Kevin E Flynn

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for New York on

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

Or can I focus my patent research for my product as ONE object only (with its function)? For example, a water bottle with temperature sensor. Do I have to make sure that there is no patented temperature sensor for any other usage and not only for related to my product? I am a bit confused. Please... Read more »

Peter D. Mlynek answered on Dec 25, 2018

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...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on

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

Peter D. Mlynek answered on Nov 27, 2018

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...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for New York on

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

Griffin Klema answered on Nov 14, 2018

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...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for New York on

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

What if a competitor copies my website (same look and feel, 80% same text, and exact same process). He used my work as a template for his.

Kevin E. Flynn answered on Nov 7, 2018

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...
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1 Answer | Asked in Patents (Intellectual Property) for New York on

Q: How can I develop an app when there is already an app that has the same concept as mine and is patented?

Kevin E. Flynn answered on Nov 4, 2018

The answer is that you need to find a noun or verb in each independent claim of that patent that you do not have. Alternatively, you need to do some searching of prior art and find reasons why that patent should not have been issued as it was too close to the prior art.

This is hard work...
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1 Answer | Asked in Patents (Intellectual Property) for New York on

Q: What patents are best to protect a pillow design?

Kevin E. Flynn answered on Oct 14, 2018

If you have come up with a pillow that is different in operation from other pillows (it has a better way to vent so that it stays cool) or you have come up with a way to make pillows that is less expensive, then you can consider a utility patent.

Assuming that you have the first pillow in...
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