Lawyers, Answer Questions  & Get Points Log In
New York Patents (Intellectual Property) Questions & Answers
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
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"...
Read more »

View More Answers

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
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...
Read more »

View More Answers

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
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
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
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
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...
Read more »

View More Answers

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
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,...
Read more »

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
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...
Read more »

View More Answers

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
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...
Read more »

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
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...
Read more »

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: What patents are best to protect a pillow design?
Kevin E. Flynn
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...
Read more »

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

My product contains 5 products that already exist on the market. I just put the 5 in one small pouch and with that, I created a new purpose and function and made an entirely new product.

Kevin E. Flynn
Kevin E. Flynn answered on May 7, 2018

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...
Read more »

View More Answers

2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: I would like to patent a special workout bench. I have no clue where to start though
Peter D. Mlynek
Peter D. Mlynek answered on Apr 27, 2018

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.... Read more »

View More Answers

2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: Can you receive a patent with one or two supplements in a dissolving oral strip?
Peter D. Mlynek
Peter D. Mlynek answered on Mar 29, 2018

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...
Read more »

View More Answers

2 Answers | Asked in Business Law, International Law and Patents (Intellectual Property) for New York on
Q: Pay duties during the process phase of prototype development? These are not for sale as we are still in dev.

We mail material to Japan, they apply a process and mail it back to us to continue the development. The material has no commercial value either way as multiple processes are required after we receive it back from Japan. We are developing an OEM part for analytical instrumentation.

Kevin E. Flynn
Kevin E. Flynn answered on Mar 19, 2018

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...
Read more »

View More Answers

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for New York on
Q: I am having some questions about Trademark, Copyright and Patent Law.

I am creating a series of products using the two cartoon characters I originally designed. I also have an originally designed logo on the products. However, I am concerning about if I should register the trademarks of all the product logo and both cartoon images or the product logo alone? And if I... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Jan 22, 2018

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...
Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Is patent term extension applicable on orange book listed patents only?
Griffin Klema
Griffin Klema answered on Jan 17, 2018

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.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Does a utility patent prevent others from creating a tutorial or sewing pattern of a similar object?

Does a utility patent prevent others from creating or selling sewing patterns or tutorials resulting in a similar item for personal use, or does it only prevent others from creating similar physical items?

Kevin E. Flynn
Kevin E. Flynn answered on Dec 19, 2017

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...
Read more »

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: How can I get a certificate for application number for patent Publication number 20170083400? Thank you

Would like to get information on how to obtain patent citification

Kevin E. Flynn
Kevin E. Flynn answered on Nov 27, 2017

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...
Read more »

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: PATENT: Interactive exercise pad system United States Patent 6336891. Where can I find this image online?
Kevin E. Flynn
Kevin E. Flynn answered on Nov 8, 2017

https://patents.google.com/patent/US6336891B1/en is one place to see images for this patent. From this screen you can also download a PDF of the complete patent.

Keviin

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.