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Ohio Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Copyright and Patents (Intellectual Property) for Ohio on
Q: Copyright infringement and Patents

If I design a device similar to Patent number: 9033760 but not a direct copy and is a DIY project. Where the purchaser receives 3d files to 3d print the pieces and assemble the system themselves.

Kevin E. Flynn
Kevin E. Flynn answered on Sep 16, 2020

Let's assume that what you send in your files allows users to use 3D printers to create all the pieces needed to make what is in claim 1 of the cited patent.

1. An interchangeable, modular display system for miniature models used in wargaming, comprising:

a display panel...
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: Are the drawings in a patent also public domain when a patent is expired, or is there a copyright attached limiting use?

I'd like to print and sell drawings from expired patents as art pieces. Is this legal?

Kathryn Perales
Kathryn Perales answered on Sep 3, 2020

Drawings included in a published patent application are in the public domain, under long standing US law. In the unlikely event that a copyright notice is included on the patent drawing in the patent application, you should look twice. But, in most cases you can do whatever you want with... Read more »

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2 Answers | Asked in Patents (Intellectual Property) for Ohio on
Q: I want to make portals is there anyway I can legally do this considering patent number 10479156

I believe this patent is for a gear driven portal and the case is one machined piece the product I want to sell is chain driven and the case is made of multiple pieces welded together can I legally sell this

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Aug 21, 2020

A U.S. patent owner has the right to stop others from making, using, selling, offering to sell, or importing a product that infringes any claim of the patent. (Claims are the numbered paragraphs found at the end of the patent.)

The answer to your question would depend on whether any of the...
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1 Answer | Asked in Copyright, Estate Planning, Family Law and Patents (Intellectual Property) for Ohio on
Q: Do i need permission from her parents/family to name my foundation after my late girlfriend

I live in Ohio and they live in California. Its for a non-profit and non-charitable, if thats a thing, foundation. It's to make changes, not money, for what people like her went through ex: wheel chair measurements and kidney failure sense birth

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 2, 2020

No. You do not need their permission. A person's name cannot be copyrighted or trademarked.

1 Answer | Asked in Patents (Intellectual Property) for Ohio on
Q: We had contacted a company in Boulder, Colorado to search potential patents as we have an invention idea (COVID-19).

They took two weeks and gave us the patent search results. They now want to give us some proposals for work with their company that they say includes possible design engineering, patent application, legal work with an attorney, marketing, etc.

We want to make sure this company and process... Read more »

Carl Massey Jr
Carl Massey Jr answered on May 15, 2020

The phrase in your question " they say includes possible design engineering, patent application, legal work with an attorney, marketing, etc" concerns me. It sounds like a "package" of services most often offered by "invention submission" companies. Some may be... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Ohio on
Q: Can I make a patent on putting stevia in chocolate
Peter D. Mlynek
Peter D. Mlynek answered on May 4, 2020

Yes, this is the type of an invention that you could get a patent on.

The problem is that it is not easy to get a patent on new compositions made from known ingredients. The reason for not being able to get a patent is usually because someone has already made that composition, or because...
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1 Answer | Asked in Patents (Intellectual Property) for Ohio on
Q: My father inlaw patented banner ads in 2006. Everyone is making money off them but him (Google, Facebook) what can he do
Peter D. Mlynek
Peter D. Mlynek answered on Jan 30, 2020

Well, the entire point of getting a patent is to make make money on it. There is something wrong if your father-in-law is not making money on his invention but other people are.

Your father-in-law should go see a patent litigator.

1 Answer | Asked in Family Law, Child Custody and Patents (Intellectual Property) for Ohio on
Q: my girlfriend is 17 and her dad is trying to put her i jail can he do that?

her mom and dad are in a custody battle and her father is upset that she doesn't want to be with him anymore so he wants to punish her by sending her to jail can he do that? without good reasoning?

Joseph Jaap
Joseph Jaap answered on Nov 14, 2019

If she is deemed "unruly" and fails to follow the court-ordered custody, she could go to juvenile detention.

2 Answers | Asked in Copyright and Patents (Intellectual Property) for Ohio on
Q: How do i find out if someone has a patent on an idea

I worked for a company that had many non-disclosure agreements

Enrico Schaefer
Enrico Schaefer answered on Oct 24, 2019

Hi. Good question. You have to do a prior art search. Not an easy thing to do, often containing two levels. First is a outsourced company doing the prior art search. Second, a patent attorney analyzing and providing opinions on the prior art.

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: I would like to have a hard copy of a patent I originated. How much does that cost?

Worked for Lennox Industries for 19yrs; this was my final project. Even the events to my termination were questionable; at best, in my estimation.

Kevin E. Flynn
Kevin E. Flynn answered on Sep 28, 2019

Congratulations on being an inventor on a US patent. You can download a PDF of the patent at https://patents.google.com/patent/US10337727B2/en?oq=10337727 and then print the patent out.

If you want the patent on some thicker stock, you can buy one from the USPTO for $3. I have not done...
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1 Answer | Asked in Patents (Intellectual Property) for Ohio on
Q: I want to change the entity's type to micro, since i am an individual, so the maintenance fee would not be high

I have several patent, and the maintenance fee when do you soon ; I want to change the entity type to micro so I can pay $400 tip patent rather than $1600 . Also, my address want to be changed as well. Beside I am not familiar with filling required documents, therefore what could be the range of... Read more »

Ahaji Kirk Amos
Ahaji Kirk Amos answered on May 15, 2019

You just need to file a certificate of micro entity status. You can get the form at uspto.gov/forms.

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Ohio on
Q: I was wondering if the headband underneath a sunhat was patented yet..Thanks in advance
Kevin E. Flynn
Kevin E. Flynn answered on May 15, 2019

Short answer is that I do not know without looking. Eventually, you may want a patent attorney to help you. I am not sure whether you are looking to obtain a patent or just want to be clear of the patents for others. The searches for these two questions overlap but they are not exactly the same.... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: Are there any patents for online databases for gravesites/cemeteries?

For example, a site to where a User can search a specific section of a cemetery/gravesite or the entire cemetery as a whole and looks for certain groups, people of interest and whatnot?

Sean Erin Serraguard
Sean Erin Serraguard answered on May 10, 2019

I'm not aware of any such patent and a cursory search of the available databases don't turn up any such patents. (though there was an interesting one which incorporated video into a gravestone!) However, this doesn't tell us if one exists either in the US or in other jurisdictions.... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Ohio on
Q: How can I get my ideas patent to sell on the market I all ready have a lot of prototypes.

If the product has items they use all ready patent by someone else

Kevin E. Flynn
Kevin E. Flynn answered on Jun 21, 2018

First it is important that you do NOT have any public use of your invention or prototypes. There is a razor thin exception for necessary testing but you should consult with a patent attorney before engaging in any public testing.

Second it is important that you do not have any sale of the...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: can I patent an ingredient in animal feed to prevent other feed companies from using it?

I have researched benefits of specific vegetables and fruits and started using them in animal feed production with great results in animal health and performance. No other feed company includes these ingredients in their feed. Can I patent this to prevent competitors from duplicating my feed /... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Mar 31, 2018

Starting in March of 2013, the rules for what could be patented changed. See https://www.law.cornell.edu/uscode/text/35/102

The relevant text is

A person shall be entitled to a patent unless—

(1) the claimed invention was patented, described in a printed publication, or...
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1 Answer | Asked in Patents (Intellectual Property) for Ohio on
Q: does this field of the invention found in a patent protect only shoes or applies to other uses?
Peter D. Mlynek
Peter D. Mlynek answered on Feb 9, 2018

If you are asking about US Patent No. 7,877,903, then the answer is that the patent protects only certain types of interchangeable shoe-forming assemblies.

(The way that you tell is by looking at the patent claims at the end of the patent. The field of invention is not really useful in...
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1 Answer | Asked in Family Law, Child Custody and Patents (Intellectual Property) for Ohio on
Q: Will i look bad if I don't let my ex get our daughter till he takes me to court?

He is always trying to make me look bad and starting fights. Sometimes he don't return her to me on Sundays like we agreed on. I've been dealing with him call me names and stuff for 4 year and I'm tired of it. I don't want to make myself look bad but something has to change. For... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 11, 2017

The court could consider that. Use the Find a Lawyer tab to retain a local family law attorney who can review all the facts of the situation and advise you. If the father is not paying child support, you can file in court to make him start paying.

2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Ohio on
Q: I created a class and would like to get it protected but dont know what I need.

Do I need a patent, trademark, or copyright?

Will Blackton
Will Blackton answered on Oct 25, 2017

What type of class? How is the class material presented?

It's likely that copyright is the appropriate type of protection, but it's unclear without more information.

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1 Answer | Asked in Family Law, Patents (Intellectual Property) and Juvenile Law for Ohio on
Q: do i have to have a parents permision to leave home at the age of 15 in ohio

Hello, I'm 15 years old and living in ohio. I want to get emancipated in one day(which I know is kind of a stretch), but I don't wish to live with my mom anymore. I already have a place to stay(with my friend and her parent) and I'll be paying some of the bills to stay there. Since I... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 22, 2017

If you leave, you could end up in juvenile detention, and the people you stay with could get into trouble. Ohio does not recognize emancipation. Here is a link to more information:

https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-255.aspx

If you have...
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1 Answer | Asked in Patents (Intellectual Property) for Ohio on
Q: Am I able to get a patent on a data compression algorithm that's only an idea on paper that describes the process
Peter D. Mlynek
Peter D. Mlynek answered on Sep 17, 2017

You do not need to actually construct your invention to get a patent. You can simply describe it in a way that it is sufficient for someone else who is knowledgeable in the field to follow your description to actually construct it.

But there is a bigger issue at play here. There are...
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