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New York Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: Where do you file a provisional patent? I'm a CT resident but am in school in NY.
Peter D. Mlynek
Peter D. Mlynek
answered on Feb 6, 2017

You file it with the U.S. Patent and Trademark Office. It does not matter where you live.

You may want to run your provisional patent application by a patent attorney before you file it (and it does not matter where the patent attorney lives either).

2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: Hi, I have an idea that I wanted to patent. How can I go about it.
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2017

Contact a Patent Prosecution lawyer. Research your idea and related patents at the USPTO. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I... View More

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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: Dear Lawyers, I would like to know whether the Oso Aluminium Barbell Collar has a patent on the design and form. Thanks.

Dear Lawyers,

I would like to know whether the Oso Aluminium Barbell Collar has a patent on the design and form.

It doesn't state it on their website or elsewhere. But I'm still not sure. I also wasn't able to find anything on a quick google patent search. Are there... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Jan 15, 2017

If you have one of these Barbell Collars, take a careful look at it. There should be something like "U.S. Patent 0,000,000", or "pat. pend." or something similar. If there is nothing there, take a look at the packaging for these markings.

If there is no such marking,...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Patents with Open source Software or Software tools, programs owned by other companies.

Today when we work with so much of software and software programs and software tools which have been developed by different companies or communities, where is the scope to innovate and patent? In other words, if my day to day job involves using these software tools or programs, what could be a... View More

Glenn B. Manishin
Glenn B. Manishin
answered on Jan 10, 2017

The concept and scope of software patents is very ambiguous, frequently changing and very much under assault. Note that "ideas" cannot be patented or copyrighted, although you can copyright software code as a creative expression. Look at some articles on software patents reviewing the... View More

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: how many patents does ikea have?
Peter D. Mlynek
Peter D. Mlynek
answered on Dec 20, 2016

About 87.

Well, 87 patents and patent applications in the US are assigned to Ikea, but it is tough to know exactly without spending a lot of time on it. See...
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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: I did not pay the last fee for my patent, and would still have 3yrs left. Is this patent still in force?
Peter D. Mlynek
Peter D. Mlynek
answered on Dec 10, 2016

It sounds like that your patent is not in force. You have to pay those fees!

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: When I look into patents the figures referenced to are not shown. Any idea?

The moment I go into certain patents they all refer to certain figures. I can't seem to find these figures and would like to know if there is a way for me to find the referred figures. At first I thought it had to do with not being logged in to the website. But as I tried that, nothing... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Dec 9, 2016

This used to be a problem year ago when all you could do is to see the patent text on your computer. You could see the ASCII text, but not anything else.

Luckily things have changed, and now you can see the actual .pdf scan of the official patent. There are many websites that have .pdf...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Can a patent application made within the us from which I was excluded as the inventor be challenged?

It was originally filed in Ireland and this filed again without my consent or crediting me as the inventor..

Peter D. Mlynek
Peter D. Mlynek
answered on Nov 22, 2016

Likely yes.

The exact answer will depend on the circumstances of your case, but here are a couple of points:

(1) If you invented something for your employer, generally the employer can file an application even without your consent.

(2) Whether you are or are not an...
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1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for New York on
Q: What do we have to consider, if we use a product idea from Germany?

We would like to use the idea of a new product in the German market to design and produce our own product for selling in the U.S. market. The product idea is actually a new application for an existing product.

Our product will be having a different design. We will register a new brandname.... View More

Barry E. Janay
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answered on Oct 24, 2016

Very generally speaking... Ideas are not copyrightable, what is copyrightable are the expressions of ideas fixed in a tangible medium. Patents can product products which are an advancement of the useful arts, that may be more apropos here. You indicated that you have a new application and a... View More

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: I have been purposefully excluded from a patent and I still retain the data used for the patent. What can/should I do?

In the interest of purely exploring my options, I'd like to keep this anonymous for now. I can provide details if necessary. I will say that though the patent is worth a lot.

Changi Wu
Changi Wu
answered on Jan 5, 2016

If you are the inventor or co-inventor but are excluded from the patent, you may institute a petition to Patent Trial and Appeal Board or bring a litigation into federal district court. You should contact a patent attorney to evaluate your case.

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: How do I know if a US patent for a product extends outside of the US?

I would like to know if this patent - United States Patent 7,367,068 - Is only for the USA and if not how do I find out what countries this company has the patent for?

Adam Studnicki
Adam Studnicki
answered on Aug 30, 2015

Patents can be filed in other countries. A local patent lawyer can assist you with this.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may...
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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: What does it mean a diaper bag patent
Adam Studnicki
Adam Studnicki
answered on Aug 30, 2015

Not sure what you mean by your question. A local patent lawyer can advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for...
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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: When is patent D356253 going to become due? What is the expected or standard get of validity for a patent before it ?
Adam Studnicki
Adam Studnicki
answered on Aug 25, 2015

A local patent lawyer can advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible...
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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: How can I contact the assignee or inventor of a patent?
Mr. Ilya Libenzon
Mr. Ilya Libenzon
answered on Feb 26, 2014

First you need to check if the patent has been assigned or not.

If the patent has not been assigned, then you can contact the inventors listed on that patent.

If the patent has been assigned, you should contact the assignee only because inventor(s) don't have legal rights in this...
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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: Do i need a lawyer to file for a paten?

If you have additional details about your question fill them here

Paul Overhauser
Paul Overhauser
answered on Nov 21, 2010

No, you do not need a lawyer to file for a patent. The US Patent Office website lists the requirements for a patent application here: http://www.uspto.gov/patents/resources/types/utility.jsp

However, it is a good idea to use an lawyer if you have not been through the patent process before....
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