Patents (Intellectual Property) Questions & Answers

Q: How much does an application for a patent and trademark for an industrial process cost.

2 Answers | Asked in Patents (Intellectual Property) and Trademark for Colorado on
Answered on Apr 14, 2019
Peter D. Mlynek's answer
A patent costs around $20,000. It could be as little as $10,000, or as much as $40,000 or more.

A trademark will cost about around $800 to $1500 to get.

Q: Good morning, I am researching the patent for Cookie Break Cookies by Nabisco. They changed the receipe.

1 Answer | Asked in Patents (Intellectual Property) for California on
Answered on Apr 13, 2019
Kevin E. Flynn's answer
I am sorry, all that Justia passed along was three statements. I did not see a question.

1) Good morning, I am researching the patent for Cookie Break Cookies by Nabisco.

2) They changed the receipe.

3) I found that P&G sued them over the patent for Soft Baked cookies and I'm wondering if this lead them to revamp their receipes to avoid further litigation.

It is not clear what your question is. If you found an article about P&G asserting a patent on...

Q: I want to file a patent with Bridgestone in Belgium to offset dimple the existing cushion sidewall gum 6302444357

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Illinois on
Answered on Apr 12, 2019
Sean Erin Serraguard's answer
There are a number of ways to file a patent in Belgium as well as other countries. The first step is going to be determining if you're only interested in Belgium or if you'd like to file in other countries as well. From there, you will have to decide if you'd like to draft your own application or if you'd like to hire an attorney to draft for you and navigate the process. I'd recommend contacting a licensed patent attorney with experience in foreign prosecution for a free consultation and not...

Q: I created a unique plant fertilizer product that is retail. I solely control formula and want to protect & patent. How?

3 Answers | Asked in Patents (Intellectual Property) for Michigan on
Answered on Apr 10, 2019
Peter D. Mlynek's answer
Wow, you already went through the regulatory dance. Great!

To get a patent, contact a patent attorney to get you started. (I do patents for formulations on daily basis for my clients, and I've done some in ag chem).

Make sure that you have some good data over other common fertilizers, and most importantly, over the combination of ingredients. If your ingredients are known, then the data is more important then if the ingredients are new chemical entities. What I mean is that...

Q: Would this be copyright infringement?

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Kansas on
Answered on Apr 9, 2019
Griffin Klema's answer
You're probably running into trademark issues, and maybe copyright as well. The use of the slogan "Just Dewey It" without any use of a swoosh-like logo is a close call. Arguably it might fall within parody or other fair use exceptions to trademark or copyright infringement. The Nike swoosh is a well recognized (famous) source identifier, and using that alone or together with the slogan is probably going to raise the ire of Nike's attorneys. I recommend considering other themes if you can't get...

Q: How can I move my patent from application to grant stage? Thank you.

2 Answers | Asked in Patents (Intellectual Property) for California on
Answered on Apr 8, 2019
Ahaji Kirk Amos' answer
Unless you request expedited prosecution, you will wait about 18 months after you file a patent application before your application is examined. The typical prosecution phase is about 36 months. The best way to move it forward is to respond to USPTO office actions as soon as possible. You get 6 months to respond, responding as soon as the action is received will result in a quicker prosecution phase.

Q: Can a difference in mechanics of a product keep a company from recognizing that it was my idea 1st?

1 Answer | Asked in Patents (Intellectual Property) for Arizona on
Answered on Apr 7, 2019
Peter D. Mlynek's answer
It does not matter whose idea it was. A person gets a patent on an invention, not on the idea. They could have come up with the idea subsequent to you, or they could have just copied your idea, it does not matter, you do not have any rights to protect.

The only way that you could sue them is if you disclosed an invention to them under a non-disclosure agreement, and they violated the agreement.

Q: My friend patented in Mexico a new way to clean water in the oceans. Would like to sell here in USA.

1 Answer | Asked in Environmental and Patents (Intellectual Property) for California on
Answered on Apr 7, 2019
Peter D. Mlynek's answer
Your friend's patent will only protect him/her from the competition within Mexico. If your friend did not patent it with the USPTO, anyone will be able to practice the invention in the US, but so nothing for your friend to sell. What does your friend want to sell?

Q: Dear Madam/Sir, I am Radek Nachev, inventor an owner Pat. N. 8264179. Couple of years ago I contacted the company

1 Answer | Asked in Patents (Intellectual Property) for California on
Answered on Apr 6, 2019
Peter D. Mlynek's answer
Dear Mr. Nachev--

Your patent has been issued, all the maintenance fees have been paid, and it looks like that the patent is enforceable. It thus appears that you are in a good position.

As you likely know, a patent lawsuit will cost you several million dollars. Unfortunately, unlike personal injury lawsuits, patent lawsuits are generally not done on a contingency basis. Some law firms may represent you on a partial contingency basis (they'll charge you only half of their...

Q: I need parts for a shower faucet. It has no markings indicating the brand but it does have a patent number 3519018.

1 Answer | Asked in Patents (Intellectual Property) for Iowa on
Answered on Apr 6, 2019
Peter D. Mlynek's answer
As a person who does his own plumbing, the lack of part numbers drives me nuts too. And parts from one manufacturer are not compatible with those of other manufacturers. I feel your pain.

Your question is a tough one. The good news is that the patent was issued in 1970, so your shower faucet must be more recent than that, so replacement parts should still be around. The patent owned by Cole Valve Co. (not to be confused with Kohl), but it could have been licensed to any number of...

Q: How to List my Name here for my patents

1 Answer | Asked in Patents (Intellectual Property) on
Answered on Apr 4, 2019
Griffin Klema's answer
If you're an owner or inventor of a patent, and you're not listed on the face of the document, there are procedures to correct that. Otherwise your question is somewhat unclear when you say, "here." On a patent? On a website?

Q: Old patents claim using a specific methylated (CH3) DNA as diagnostic. New method measures overall CH3 (no seq). FTO?

1 Answer | Asked in Patents (Intellectual Property) for Colorado on
Answered on Apr 3, 2019
Peter D. Mlynek's answer
From your brief description, it sounds like you are OK. But it really depends on what the claims recite. If it calls for isolation of unique sequence, and you do not perform that step, then you are not infringing. But if the claims are simply directed to measuring methylation of a specific gene and you are measuring methylation of many genes which may include the specific gene, then you may be infringing.

You really should talk with a patent attorney who specializes in biotech.

Q: I need to know if there is patent on the product: Jellyfish Silicon face Brush. Can you inform me about this?

1 Answer | Asked in Patents (Intellectual Property) and Products Liability on
Answered on Mar 28, 2019
Kevin E. Flynn's answer
You can do some preliminary patent searching using tips from this slide set -- http://bit.ly/Patent_Searching or to hire a patent attorney to conduct Freedom-to-Operate searches and clearance work see -- https://www.flynniplaw.com/services/legal-services/freedom-to-operate/opinions.

To the extent that you are buying a good that is very similar to a well-known brand, you can look at the packaging for the well-known brand and that packaging should include a list of patents that cover the...

Q: im wondering if there is a patent on this product? www.maeband.com

1 Answer | Asked in Patents (Intellectual Property) on
Answered on Mar 27, 2019
Peter D. Mlynek's answer
A patent has been filed in the US, but it is not yet granted.

See, https://patents.google.com/patent/US20180116320A1/en?oq=20180116320

As far as I can tell, it is not patent pending anywhere else outside the US. If so, then you would be free to make and sell the same product without having to worry about being successfully sued in Canada.

Q: Dear Sir/Madam, My IP or patent rights stolen by Texas Instruments Inc. I need help.

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Answered on Mar 27, 2019
Kevin E. Flynn's answer
The assignment database lists an assignment from you to TI. https://assignment.uspto.gov/patent/index.html#/patent/search/resultAbstract?id=20180348152&type=publNum

You should consult with a local patent attorney to sort out the nuances of what you assigned versus what is in this patent.

If you were employed by TI, then most likely they own your rights to the things you invented for them while employed to invent.

Kevin E Flynn

Q: Application 20150060259 has been granted! But I do not see the granted patent here, why?

2 Answers | Asked in Patents (Intellectual Property) for Delaware on
Answered on Mar 26, 2019
Peter D. Mlynek's answer
I do not speak for Justia. For any problems with this site, you are going to have to contact Justia owners directly, and not post it here on Ask a Lawyer.

But to answer your question: Application 14/532,102, titled Systems and Methods for Alcohol Recovery and Concentration of Stillage By-Products, that was published as 20150060259, was abandoned last year. There is no patent. It was abandoned because the applicant failed to pay the issue fee.

Q: Hi , If I have designed the flag as a piece of home decor , would I have to make a patent application for this ?

3 Answers | Asked in Patents (Intellectual Property) on
Answered on Mar 26, 2019
Kevin E. Flynn's answer
If the flag is special because of how it looks rather than how it works or how it is made, then it sounds like on the patent front you would be considering a design patent. A design patent protects the ornamental appearance from being knocked off. Think Oakley sunglasses. People can still sell sunglasses, just not sunglasses that copy a protected ornamental appearance.

NOTE -- design patents have very narrow coverage so if you continue to tweak and change how this looks, then your...

Q: How may I buy a patent from any company?

3 Answers | Asked in Business Law, Civil Litigation, Intellectual Property and Patents (Intellectual Property) on
Answered on Mar 26, 2019
Kevin E. Flynn's answer
You have several options. You can buy the patent outright if they are willing to sell. Then you would have them sign an assignment document to transfer ownership to you just as you do when you move the title of a car or a house from one person to another. You would record that assignment here -- https://epas.uspto.gov/.

If you want the right to make and use what is in the patent and do not care if someone else can make and use what is in the patent, then all you need is a...

Q: I'm starting outdoor business. I'm ordering knives, military backpacks, etc, from vendors in China. Patent issues??

1 Answer | Asked in Patents (Intellectual Property) and Trademark for Colorado on
Answered on Mar 25, 2019
Kevin E. Flynn's answer
It is possible that by selling products made off-shore that you may be infringing a US patent claim that is from an unexpired US patent. A US patent can be used to prohibit someone from making, using, selling, or offering to sell a product that is covered by one or more patent claims of an unexpired patent.

While it is possible to do some preliminary patent searching using tips from this slide set -- http://bit.ly/Patent_Searching or to hire a patent attorney to conduct...

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