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New York Patents (Intellectual Property) Questions & Answers
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
PREMIUM
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...
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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.... View More

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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...
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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
PREMIUM
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...
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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... View 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...
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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
PREMIUM
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...
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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
PREMIUM
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...
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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
PREMIUM
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

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: Where can I see an image of Patent number: 6336891
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 8, 2017

https://patents.google.com/patent/US6336891B1/en is one place.

http://pat2pdf.org/ is another although Firefox is not playing well with this site today.

Kevin

2 Answers | Asked in Contracts and Patents (Intellectual Property) for New York on
Q: Can you tell me if this is considered a breach of contract or a new patent infringement case? (see below)

I granted a company a "covenant not to sue" for using my valve on beds (and only beds). Now I've discovered they are using my valve on pool toys and balloons. Is this a breach of contract or new patent infringement?

Michael David Siegel
Michael David Siegel
answered on Oct 20, 2017

It is both, but it is easier to bring an action as a breach of contract. It depends where the covenant was made, i.e. a court order or an agreement.

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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: Are beverage recipes patented?
Peter D. Mlynek
Peter D. Mlynek
answered on Sep 8, 2017

Yes, it should be possible to patent a beverage. After all, a beverage is nothing more than just a composition, and I, as well as hundreds of other chemical patent attorneys, make a living getting patents for compositions.

However, there are two serious problems that you need to consider...
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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: Can I will my design patent to my daughter to use after I die?
Peter D. Mlynek
Peter D. Mlynek
answered on Aug 29, 2017

Yes. Patents are personal property, similar to a car, a bank account, or an art collection.

2 Answers | Asked in Contracts, Copyright, Business Law and Patents (Intellectual Property) for New York on
Q: Where can I search if my bottle design already has a patent or not?

I'm planning on launching a new product line and have a design for a bottle I'd like to put in production but would first like to know if the design already has a patent with the US gov't.

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Aug 18, 2017

The Library of Congress. This is something that we offer under a limited low-cost retainer because the legal service is "unteathered"

Please feel free to contact my office if you would like a free consultation.

Aubrey C. Galloway III Esq

Law Office of Aubrey C....
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2 Answers | Asked in Copyright and Patents (Intellectual Property) for New York on
Q: I HAVE IN MIND AN INVENTION . HOW DO I GO ABOUT IT
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Apr 20, 2017

This depends on entirely on what you invented. If you invented something physical, like a new toy or video game, a formal copyright with the Library will HELP, but pending further details, will not entirely suffice. In such an event, you should apply for a US patent on the invention. Many law... View More

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for New York on
Q: Understanding claims and scope of one patent

I have been reading regarding claims and scope of patents for over a day now. I have seen that the claims are everything when it comes to proving infringement. Also, I have read that the claims are regarded as a whole and cannot be divided.

I have posted before that I am trying to find the... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Feb 12, 2017

I wish that there would be a better way of a non-lawyer determining if a device or process that is very similar to a claimed device or process infringes or not. Unfortunately, sometimes you really do need a lawyer to give you a legal opinion on these things. It is also unfortunate that such... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for New York on
Q: Understanding the score of a specific patent

https://www.google.com/patents/US9383820

Hello, I want to understand the scope of this patent. From what I saw they are patenting custom vibration patterns in relation to creation of alerts. Though, I do not understand if they are patenting the custom vibration patterns or the custom... View More

Glenn B. Manishin
Glenn B. Manishin
answered on Feb 12, 2017

The scope of patent claims and their validity are really tough issues that warrant you retaining a patent specialist attorney and possibly challenging the referenced patent before the PTO.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Understanding the patenting phrases in patent applications

I was told I should not use "may" in my PPA. Though, In patents like:

https://patents.google.com/patent/US20120306631A1

They are using may in plenty of examples, "shifted second portion may comprise providing","Another potential advantage may include... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Feb 8, 2017

(8) I think that I have led you astray. Sorry about that. There is no guidance that suggests that you should stay away from the word "may". I use it all the time. However, your claims must be definite so that the reader can tell whether a product/process is or is not within the scope... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Provisional patents and future ideas

I was watching some of the tutorials on Youtube that mention that one should write what has been done (in the past) and what one has invented that would better the previous inventions and how will one's invention be in the future when writing one's provisional patent application. I... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Feb 7, 2017

I assume that this is a follow-up question to my answer to your previous post. If I may answer your concerns:

(4) I think that the YouTube tutorial has misled you. There are many different ways of writing a patent application, but perhaps the Tutorial tried to teach it this way: in the...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Patenting a novel iOS application idea, I want to know whether I should patent the app itself or the novel technology.

I want to patent my new novel iOS idea. It was not done before and its almost fully developed. What should I patent exactly? Should I patent the application as a whole or should I patent the technology that I invented. Keep in mind that the technology that I have invented could be used on a variety... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Feb 7, 2017

I am not exactly sure what your app does or what technology it involves, but let me see if I can answer some of your questions.

(1) You probably should patent the technology rather than just the app. The reason is that by the time your patent issues, the app will likely be obsolete, but...
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