New York Patents (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
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Answered on Mar 21, 2019
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.
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: if i am making dress shirts for people with parkinsons and other challenges, are all shirts covered by this patent of ma
Kevin E. Flynn's answer
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 "magnetic" so patent searching should be fruitful. You may want to look at my patent searching tips in
http://bit.ly/Patent_Searching.
If you found this answer helpful, you may want to...
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 "magnetic" so patent searching should be fruitful. You may want to look at my patent searching tips in
http://bit.ly/Patent_Searching.
If you found this answer helpful, you may want to...
Q: Hello, how much would cost me to file anti cancer drug ?
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Answered on Feb 5, 2019
Answered on Feb 5, 2019
Peter D. Mlynek's answer
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 within a few years as we successfully battle heart disease. Cancer costs the society about $80 B / year in the US alone. Given that an anti-cancer drug may make you $10K to $100K per year per patient...
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 within a few years as we successfully battle heart disease. Cancer costs the society about $80 B / year in the US alone. Given that an anti-cancer drug may make you $10K to $100K per year per patient...
Q: Looking for a pro bono lawyer to assist me with patent questions regarding an algorithm and technology we are building.
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Answered on Jan 22, 2019
Answered on Jan 22, 2019
Peter D. Mlynek's answer
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 business tool designed to make money -- if you are not willing to invest your money in order to get advice to make you money, why should the lawyer?
If you want free advice, then most patent...
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 business tool designed to make money -- if you are not willing to invest your money in order to get advice to make you money, why should the lawyer?
If you want free advice, then most patent...
Q: do safety first stove knob covers have a patent? Thanks
Kevin E. Flynn's answer
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
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
Q: what is the form to file a private property patent claim on my land?
Kevin E. Flynn's answer
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
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
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
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Answered on Dec 25, 2018
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...
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
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Answered on Nov 27, 2018
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...
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
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Answered on Nov 14, 2018
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"...
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?
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Answered on Nov 7, 2018
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...
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: 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's answer
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 and you probably want to work with a patent attorney. You might also develop the app and only sell it in countries where the first inventor did not seek a patent.
See...
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 and you probably want to work with a patent attorney. You might also develop the app and only sell it in countries where the first inventor did not seek a patent.
See...
Q: What patents are best to protect a pillow design?
Kevin E. Flynn's answer
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 the shape of a heart and you do not want others to sell pillows that have the same ornamental design as your heart-shaped pillow, then you can seek a design patent. A design patent is very limited...
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 the shape of a heart and you do not want others to sell pillows that have the same ornamental design as your heart-shaped pillow, then you can seek a design patent. A design patent is very limited...
Q: I like to private label my product. It can not be patented & the company is not willing to sign NDA. What to do? Thanks.
2 Answers
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Answered on May 7, 2018
Answered on May 7, 2018
Kevin E. Flynn's answer
It would be a long shot but you may want to consider whether the five previously known items combined together for what you call a "new purpose and function" could be protected with either a method claim or a kit claim.
You may want to look at my slide set on searching and see if you can find anything patented for the particular purpose and function that your set addresses. http://bit.ly/Patent_Searching
I hope this helps.
Kevin E Flynn
It would be a long shot but you may want to consider whether the five previously known items combined together for what you call a "new purpose and function" could be protected with either a method claim or a kit claim.
You may want to look at my slide set on searching and see if you can find anything patented for the particular purpose and function that your set addresses. http://bit.ly/Patent_Searching
I hope this helps.
Kevin E Flynn
Q: I would like to patent a special workout bench. I have no clue where to start though
Peter D. Mlynek's answer
You will need to contact a patent attorney. Patents are not something that most people can do themselves; unless you've worked on a number of patent applications with a patent attorney before and understand the entire process, you really need to have a patent attorney do the work for you.
You can choose a patent attorney anywhere in the US; the patent attorney does not have to be in the same state as you are. If you are not able to choose a patent attorney, you can call a local bar...
You will need to contact a patent attorney. Patents are not something that most people can do themselves; unless you've worked on a number of patent applications with a patent attorney before and understand the entire process, you really need to have a patent attorney do the work for you.
You can choose a patent attorney anywhere in the US; the patent attorney does not have to be in the same state as you are. If you are not able to choose a patent attorney, you can call a local bar...
Q: Can you receive a patent with one or two supplements in a dissolving oral strip?
Peter D. Mlynek's answer
Yes, you can.
But, it is by no means easy. If you just take a known supplement and use a known method to prepare an oral strip containing the supplement, then you will likely not get a patent on it. The reason for this is because you are just combining prior art elements according to known methods to yield predictable results. See MPEP 2143(A).
There must be something inventive about the strip, or the method of preparing it, or whatever it is that you are trying to claim.
Yes, you can.
But, it is by no means easy. If you just take a known supplement and use a known method to prepare an oral strip containing the supplement, then you will likely not get a patent on it. The reason for this is because you are just combining prior art elements according to known methods to yield predictable results. See MPEP 2143(A).
There must be something inventive about the strip, or the method of preparing it, or whatever it is that you are trying to claim.
Q: Pay duties during the process phase of prototype development? These are not for sale as we are still in dev.
2 Answers
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Business Law, International Law and Patents (Intellectual Property)
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Answered on Mar 19, 2018
Answered on Mar 19, 2018
Kevin E. Flynn's answer
I do not see a patent issue here. It appears that Justia does not have a category that is a great fit. You may want to use another tool and look for someone with a background in Import and Export law that understands the nuances in this space.
There are lots of items that are deemed to have value before the end product. Denim has value even though it is several processing steps shy of being a finished pair of jeans. Even the cotton at the start of the process had some degree of...
I do not see a patent issue here. It appears that Justia does not have a category that is a great fit. You may want to use another tool and look for someone with a background in Import and Export law that understands the nuances in this space.
There are lots of items that are deemed to have value before the end product. Denim has value even though it is several processing steps shy of being a finished pair of jeans. Even the cotton at the start of the process had some degree of...
Q: I am having some questions about Trademark, Copyright and Patent Law.
1 Answer
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Answered on Jan 22, 2018
Answered on Jan 22, 2018
Peter D. Mlynek's answer
You should file for registration of the product logo only, both cartoon images, and likely for the combination of the two. It may be worthwhile considering filing for a trademark for each of the two characters separately.
The reason for so many filings is that (a) you don't know what the Trademark Office will find against your images, and (b) you don't know which of the trademarks will be useful to go after infringers.
Good luck!
You should file for registration of the product logo only, both cartoon images, and likely for the combination of the two. It may be worthwhile considering filing for a trademark for each of the two characters separately.
The reason for so many filings is that (a) you don't know what the Trademark Office will find against your images, and (b) you don't know which of the trademarks will be useful to go after infringers.
Good luck!
Q: Is patent term extension applicable on orange book listed patents only?
1 Answer
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Answered on Jan 17, 2018
Answered on Jan 17, 2018
Griffin Klema's answer
No. Patent term extension is not exclusive to therapeutic drugs (i.e. those listed in the Orange Book). Patent term extension is available depending on how the application was prosecuted, and events that occurred during prosecution.
No. Patent term extension is not exclusive to therapeutic drugs (i.e. those listed in the Orange Book). Patent term extension is available depending on how the application was prosecuted, and events that occurred during prosecution.
Q: Does a utility patent prevent others from creating a tutorial or sewing pattern of a similar object?
1 Answer
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Answered on Dec 19, 2017
Answered on Dec 19, 2017
Kevin E. Flynn's answer
Under the relevant patent law (35 USC Section 271) it is illegal to make, use, offer to sell, or sell a patented device. It is also illegal to actively induce infringement of the patent.
So under the right facts, there can be liability for providing instructions that are tailored to produce an infringing item.
There is another related theory called contributory infringement when someone sells a component for use in a patented product but not the whole product and the...
Under the relevant patent law (35 USC Section 271) it is illegal to make, use, offer to sell, or sell a patented device. It is also illegal to actively induce infringement of the patent.
So under the right facts, there can be liability for providing instructions that are tailored to produce an infringing item.
There is another related theory called contributory infringement when someone sells a component for use in a patented product but not the whole product and the...
Q: How can I get a certificate for application number for patent Publication number 20170083400? Thank you
Kevin E. Flynn's answer
As this application has been published and you know the publication number, everything that has happened to date, including the filing receipt, is available as PDF files at USPTO Public PAIR.
https://portal.uspto.gov/pair/PublicPair
The default value for accessing a file is the application number. You can choose publication number and use 20170083400.
Once you go to the main screen, you can go to the tab labeled "Image File Wrapper" to access any of the transactions or...
As this application has been published and you know the publication number, everything that has happened to date, including the filing receipt, is available as PDF files at USPTO Public PAIR.
https://portal.uspto.gov/pair/PublicPair
The default value for accessing a file is the application number. You can choose publication number and use 20170083400.
Once you go to the main screen, you can go to the tab labeled "Image File Wrapper" to access any of the transactions or...
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