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Patents (Intellectual Property) Questions & Answers

1 Answer | Asked in Patents (Intellectual Property) on

Q: Hello, Hyperice filled a patent on 27 of november, but the same products where already on the market in China for other

Hyperice filled a patent for a product which was on the market in China already for quite some time how is it possible that hyper ice gets a patent on an existing product?

Peter D. Mlynek answered on Jun 17, 2019

Well, if one filled a for a patent on a product that is already being sold anywhere in the world, then generally one cannot get a patent on it.

However, many times the patent is for improvement for that product. The improvement must be not obvious over the existing product, but it may be...
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2 Answers | Asked in Patents (Intellectual Property) for Illinois on

Q: If I have a one of a kind bath toy manufactured will it be hard to obtain a patent

Peter D. Mlynek answered on Jun 17, 2019

Whether it will be hard or easy to obtain a patent on a one of a kind bath toy will depend on how new it is. If the bath toy has some insignificant modifications from other bath toys, or is just a combination of other bath toys, then it will be difficult to get a patent.

You should seek...
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2 Answers | Asked in Patents (Intellectual Property) for New York on

Q: Accidentally similar composition to this tablecloth patent, but different category, is this okay?

I am in the process of making washable coloring poster, accidentally similar composition to this tablecloth patent. I am using 100% polyester fabric (instead of a blend like this tablecloth), and the same Polyurethane backing - will this violate the patent?

Purpose is very similar, but... Read more »

Kevin E. Flynn answered on Jun 17, 2019

Your question did not include the patent number.

But here are some basic pointers.

1) Make sure that the patent of potential interest is still in force. It may have expired at the end of its full term. It may have lapsed early for failure to pay a maintenance fee.

2) Look...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on

Q: Can we file a patent for some antisocial inventions?

Does the law permits us to file patent on some innovations that can create chaos in the society or can endanger the existence of humanity?

Such as patenting a technology which can threaten the life of a large number of mass requiring some gross implementation and least investment.

Kevin E. Flynn answered on Jun 14, 2019

I am not in favor of creating chaos in the society or endangering the existence of humanity. I hope that your description is hyperbole.

I am not clear why you would want to patent a method to create chaos or endanger the existence of humanity. Patents are used to limit use of the...
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1 Answer | Asked in Patents (Intellectual Property) on

Q: good day. With regards to the following patent, Patent number: 7586439 - when does this end? From south Africa.

I am trying to find out as we have been told the patent ends in 2021. How do we find out if Mr Roger Percy is going to extend this patent and how do we go about rejecting this?

Kevin E. Flynn answered on Jun 13, 2019

PATENT TERM

Patent term is more confusing than it should be. The one part that is simple, is that patent term is not a function of the technology. There is not a way for the applicant to apply to extend the patent term (unlike trademarks or copyrights). (but as noted below, there are...
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2 Answers | Asked in Patents (Intellectual Property) on

Q: pharmaceutical or medicinal

I'm sorry if this question is a stupid one... I just started my job as a patent researcher without solid legal background

Is there any difference between pharmaceutical composition and medicinal composition? I see that the word pharmaceutical is used more often, but legally speaking, does... Read more »

Peter D. Mlynek answered on Jun 12, 2019

Welcome to patent law! You do not need to have a solid legal background to be a searcher; just be very good in your science. A couple of notes about your question:

(1) There is no generally accepted definition of either "pharmaceutical composition" or "medicinal composition" in patent...
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1 Answer | Asked in Patents (Intellectual Property) on

Q: Would I be breaching this patent if I had a gift bag with a pocket inside to hold a card, that was NOT transparent.

Patent: 20090074331

20090074331

Title: Gift Bag Assemblies with Selectable Complementary Components and Related Retail Display

Kevin E. Flynn answered on Jun 10, 2019

You are going to like this answer. The patent number you provided -- 20090074331 is not an issued patent. It is a published patent application -- it shows what they hoped to patent. Per Google, this particular patent application did not result in a patent and was abandoned.... Read more »

1 Answer | Asked in Patents (Intellectual Property) on

Q: would you please give me an information, How may i buy a patent?

Ahaji Kirk Amos answered on Jun 8, 2019

Most people use patent brokers to handle the transaction.

1 Answer | Asked in Patents (Intellectual Property) for Arkansas on

Q: How do I do an exhaustive search on a plant variety to determine whether or not it is a patented variety?

I like to propagate plants from cuttings and then sell them. I obviously want to avoid patent infringement issues.

Ahaji Kirk Amos answered on Jun 8, 2019

You should hire a patent attorney to conduct the search. You may schedule a consultation on my website.

1 Answer | Asked in Patents (Intellectual Property) for New York on

Q: who was the first person taking patent on the headphones

Kevin E. Flynn answered on Jun 3, 2019

As a person with curiosity, you should develop your skills using the free patent search tools. Some useful tips are in my slide set on patent searching that I provide to entrepreneurs. http://bit.ly/Patent_Searching. I hope this helps.

Kevin E Flynn

2 Answers | Asked in Patents (Intellectual Property) for Washington on

Q: Tracking patent application after changing jobs

Hi,

My employer had filed a patent in 2017, where I was one of the two inventors. I understand the ownership of IP is with company, but I want to find out how do i even track the patent application status. The application was filed in 2017 and I believe it would have been through private... Read more »

Peter D. Mlynek answered on May 31, 2019

It should have been published by now. Patent applications are generally published 18 months after submission of the application, but in some cases, the applicant can ask that the application not be published.

Because sometimes Google patents and other services are months behind, you need...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on

Q: Can I register one patent in a non USA country and export or re-register the same patent in USA?

The patent was co-developed by a non-US person and a USA person. It was developed for a USA company but in a NON-US branch office.

Peter D. Mlynek answered on May 31, 2019

Yes. You can:

(a) file a patent application in the US, and then file a foreign application in the foreign country based on the US application; or

(b) file a patent application in the foreign country first, and then file a US patent application based on the foreign country...
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1 Answer | Asked in Patents (Intellectual Property) for New Jersey on

Q: are urinal screens patented , if i would like to sell them on amazon can i sell them

Kevin E. Flynn answered on May 28, 2019

If the urinal screens are patented with a current patent, then the product should be marked with a patent number. If they did not mark the item, they may have placed the patent number on the box or shipping container. You may want to do some searching using tips in this slide set.... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on

Q: I have an idea of an event I want to be holding in a cause of promoting my cafe I feel is unique can I patent?

This event involves me using unconventional things and concept in my cafe business

Kevin E. Flynn answered on May 26, 2019

My guess is no. However, as I do not know the details and I hate to guess about something important, I suggest that you check for issued patents for something analogous. You may find useful tips in my slide set on patent searching that will help. http://bit.ly/Patent_Searching

Remember...
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2 Answers | Asked in Patents (Intellectual Property) and Products Liability for Maine on

Q: I created a device and would like to know if I should patent it or if i can be sued if someone gets hurt.

I created a home made passenger backrest for my motorcycle. I posted a picture on a group of people that all own the same model motorcycle. Several people want more detailed pictures and information on how I made it so they can copy mine. I'm concerned someone could take my design and sell it or if... Read more »

Timur Akpinar answered on May 24, 2019

It's possible you could be sued if someone is injured by a product you create. There is nothing to stop people who are injured by such a device from bringing legal action based on a product liability theory. That means they could assert a claim that the product was defectively manufactured,... Read more »

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1 Answer | Asked in Business Law and Patents (Intellectual Property) on

Q: How come SO many companies (big and small)/people are still selling Scrunchies, even though they are patented!

Are they selling at their own risk? I just started an e-commerce business. I was looking into selling them. But I’m thinking the chances they’ll go after me is slim since there are so many other companies that are doing really well with this item. I did add a bow to mine if that makes a... Read more »

Peter D. Mlynek answered on May 23, 2019

If you are selling the types of scrunchies that were popular in the 1980s and 1990s, then you are OK. You can copy pretty much anything from the 1980s and 1990s, or earlier, because all those patents have expired.

If you want to copy some more recent ones, then you should really hire a...
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1 Answer | Asked in Patents (Intellectual Property) on

Q: Am I reading this Correctly! Are scrunchies patented!?

Peter D. Mlynek answered on May 22, 2019

Yes, scrunchies, i.e., elastic hair holders, were patented. Not only was scrunchie patented, but there was also lots of litigation around it. For some juicy reading, see, for example, https://observer.com/1999/04/lawyer-scunci-queen-tangle-over-legal-fees/

And, yes, variations of...
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2 Answers | Asked in Patents (Intellectual Property) on

Q: how to connect with autors of this patent?

Kevin E. Flynn answered on May 22, 2019

The question as presented to the attorneys did not include a specific patent number. I am going to answer your question generally.

You can use Public PAIR to find an address for each of the inventors. https://portal.uspto.gov/pair/PublicPair The address may be a business address and...
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1 Answer | Asked in Patents (Intellectual Property) for Washington on

Q: For family history I want to verify my father Roy K Runyon had a patent in the 1930's for an oil bath air cleaner AUTOS

The company original company was C.R.C. Air Cleaners, in Spokane Washington, where the first ones were produced for automobiles. There was another company that produced the first ones. Inventor was Roy Kendall Runyon, my father. First produced in Spokane Washington, 1930's. My father later sold the... Read more »

Kevin E. Flynn answered on May 22, 2019

Take a look at https://patents.google.com/patent/US1788410A/en?oq=US1788410A

There may be other patents in this family but this should get you started. It is hard searching back that far as many of the tools focus on just the last few decades.

I hope this helps.

Kevin E...
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2 Answers | Asked in Patents (Intellectual Property) for New Jersey on

Q: Hi, I’m doing research for a biology project and I need to know the patent number of Naturgard Maximizer corn?

I believe that Syngenta holds the patent.

Kevin E. Flynn answered on May 22, 2019

https://patents.google.com/?q=corn&assignee=sygenta&country=US

That should narrow down the pool and ideally has what you are looking for. If not you can take a look at all assets assigned to Syngenta via the assignment database --...
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