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New York Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: What is the class of US patent for anchor support of underground structures
Kathryn Perales
Kathryn Perales answered on Aug 5, 2020

You can research this yourself at https://www.uspto.gov/web/patents/classification/

Use different keywords to research your invention - you may find more than one class that makes sense.

Keep in mind that regardless of what class you think your invention comes under, the patent...
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2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: what is the value of a patent of a drug? Is it a % of sales? especially like the patents that dr.fauci holds?
Kevin E. Flynn
Kevin E. Flynn answered on May 21, 2020

There have been a number of questions of this type. There is often confusion between two different concepts: inventorship and ownership.

An inventor is someone that made a non-obvious contribution to the project that ended up in at least one claim in the issued patent. The inventors are...
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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: Are government employees allowed to own patents that were invented while working for the taxpayers??
Bill Hulsey
Bill Hulsey answered on May 7, 2020

Usually not. But, the analysis is often more complex than a simple, "Yes" or "No" answer. There are numerous factors to consider.

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: if someone patents a device like the one used by Stephen hawking and another recreates the same type of devices

and hurts people with it. whom can you file suit with if they are trying to not get caught using it but you know they are using it. If we find out who funds it to bring about harm then they deserve a law suit coming their way.

Peter D. Mlynek
Peter D. Mlynek answered on Apr 22, 2020

If someone creates a device, and patents that device, then he can keep others from making, using, selling, or offering for sale of that device.

The patent owner can keep almost anyone from using it, whether it is for a good use of an evil use. The patent owner can say, hey, I am going to...
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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: What is the average fee of a patent lawyer?
Tim Akpinar
Tim Akpinar answered on Apr 11, 2020

Being that the question remains open, at this point, the best way to find out could be to contact several attorneys and ask about their fees. Combined with some online research, that should provide a reasonable ballpark. Good luck

Tim Akpinar

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: What happens if I received my patent already and another person just received theirs but their filing date was earlier?
Kevin E. Flynn
Kevin E. Flynn answered on Mar 24, 2020

I used to work for a firm that defended the original Bell telephone patent court (long long before I was born). So I am well aware that improvements to a particular device such as a telephone may continue to come out for a hundred years or so. It is possible that your patent claims one set of... Read more »

Q: My dad lived in P.Rico past away and and lift me his Property, but I'm in nyc what can I do
Benjamin Z. Katz
Benjamin Z. Katz answered on Mar 1, 2020

If he was a resident of Puerto Rico and left a Will, it will need to be probated in Puerto Rico. If he left it to you some other way there may be other ways to deal with it.

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: I want to create bioluminescent Oranda goldfish with jellyfish extract. Will I breach any of these parents?
Robyn T. Williams
Robyn T. Williams answered on Feb 10, 2020

Whether you infringe a pre-existing patent(s) with your product/method can likely be greater informed by completing a prior art search.

If you do not have a product and want to file a patent application based on your invention, a prior art search should still be completed.

If you...
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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: I would like to make a handmade cat toy to sell. And I would like to know my design is not against other patent.

It is handmade cat toy wand with wire and some attractive toy at the end.

Thank you in advance,

Peter D. Mlynek
Peter D. Mlynek answered on Feb 2, 2020

That is a tough question. You can hire an attorney to give you a good answer, but it will cost you much more money than you could ever make on the toy.

Here is a safer bet: if there is toy that has been around for the past 20 years or longer, then you should be safe from patent...
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1 Answer | Asked in Copyright and Patents (Intellectual Property) for New York on
Q: Let’s say I have a design in mind for a beauty product to be sold in , does it make sense to get a design patent?

I want to know if I can prevent other vendors or manufacturers from replicating my idea .

Peter D. Mlynek
Peter D. Mlynek answered on Jan 30, 2020

I assume that you have designed some sort of a bottle or a container for holding nail polish, hair gel, mascara, body lotion, etc.

You have several options.

First, you should trademark the name of your product, and possibly the logo.

Second, you may want to get a design...
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1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for New York on
Q: Hello, I would like to know if its possible to claim a inanimate object such as air?

Even though you can't physically see air, it is composed of several components that it's created from such as nitrogen and oxygen.

Steven Fairchild
Steven Fairchild answered on Jan 22, 2020

You cannot claim something natural. It has to be manmade.

You can claim a machine or device that uses air. For instance, a hot air balloon.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Hi, can I check who has purchased a patent from an inventor?

I am dealing with an unscrupulous inventor who tries to sell his software patent. He tries to sell it with development done by a 3rd party. That 3rd party has already confirmed to me they are not interested in working on it, because the inventor is ineligible. Also, I was hired by the inventor to... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Nov 12, 2019

Once the patent issues or a patent application is published, then you should be able to see details in the assignment database at https://assignment.uspto.gov/patent/index.html#/patent/search . You will also be able to see the relevant information in Public PAIR once you know the application... Read more »

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
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... Read more »

Kevin E. Flynn
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
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
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
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
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
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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