Ohio Patents (Intellectual Property) Questions & Answers

Q: How can I get my ideas patent to sell on the market I all ready have a lot of prototypes.

1 Answer | Asked in Patents (Intellectual Property) for Ohio on
Answered on Jun 21, 2018
Kevin E. Flynn's answer
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 device outside of a Non-Disclosure Agreement. A public sale ruins your option for a patent in the US and most other places. There is some small risk that a non-public sale ruins your options in the...

Q: can I patent an ingredient in animal feed to prevent other feed companies from using it?

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Answered on Mar 31, 2018
Kevin E. Flynn's answer
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 in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention;

It is believed that the term sale is meant to be a public sale not a...

Q: does this field of the invention found in a patent protect only shoes or applies to other uses?

1 Answer | Asked in Patents (Intellectual Property) for Ohio on
Answered on Feb 9, 2018
Peter D. Mlynek's answer
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 helping you find what the patent protects, because it is generally much broader that the claims.)

Q: Will i look bad if I don't let my ex get our daughter till he takes me to court?

1 Answer | Asked in Family Law, Child Custody and Patents (Intellectual Property) for Ohio on
Answered on Dec 11, 2017
Joseph Jaap's answer
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.

Q: I created a class and would like to get it protected but dont know what I need.

2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Ohio on
Answered on Oct 25, 2017
Will Blackton's answer
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.

Q: do i have to have a parents permision to leave home at the age of 15 in ohio

1 Answer | Asked in Family Law, Patents (Intellectual Property) and Juvenile Law for Ohio on
Answered on Sep 22, 2017
Joseph Jaap's answer
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 family problems at home, talk to a family member, teacher, or other trusted adult.

Q: Am I able to get a patent on a data compression algorithm that's only an idea on paper that describes the process

1 Answer | Asked in Patents (Intellectual Property) for Ohio on
Answered on Sep 17, 2017
Peter D. Mlynek's answer
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 certain things which you cannot get a patent on. One of those is mathematical formulas. Your invention needs to be a little bit more than just an algorithm. See Alice v. CLS Bank

Q: How can I get help with researching patents? I am trying to obtain a proof of concept for my idea I want to patent.

1 Answer | Asked in Patents (Intellectual Property) for Ohio on
Answered on Feb 1, 2017
Peter D. Mlynek's answer
I am not sure if I quite understand what you are asking, but let me make a few comments:

(1) A proof of concept is usually obtained by performing research on the product or service that you want to put onto the marketplace. The type of questions that are being investigated are: “Will this product sell?”, “Can we make money on this?”, “How can we market it?”, “What sales channels should we use?”, “Does the product work?”, “How do we manufacture it?” The point of...

Q: If my idea of invention is already patented by another individual yet not invented, what are my options? Thank You!

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Answered on Dec 27, 2016
Joseph Jaap's answer
You can contact the patent owner and negotiate a license from the patent owner to produce the product or purchase the patent rights. Consult a local patent attorney.

Q: My father had this patent and never received anything from it. Is there anything I can do with it?

1 Answer | Asked in Patents (Intellectual Property) for Ohio on
Answered on Aug 30, 2015
Adam Studnicki's answer
Depends who owns the patent and if the product is marketable. Talk to a local patent lawyer.

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 to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you...

Q: I had an idea for an invention while working at WalMart in OH but don't work there now. Would they have any claim on it?

1 Answer | Asked in Patents (Intellectual Property) for Ohio on
Answered on Nov 21, 2010
Paul Overhauser's answer
Assuming you never signed an agreement with WalMart stating that you would assign inventions to them, it is very unlikely that WalMart has a claim on your invention. Except in instances where there is an agreement, or a particular employee was "hired to invent," the employee, not employer, owns rights to inventions made.

Paul B. Overhauser

Overhauser Law Offices, LLC

www.overhauser.com

317 891-1500

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