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Patents (Intellectual Property) Questions & Answers
2 Answers | Asked in Patents (Intellectual Property) on
Q: Is Patent 8645011 still in force or has it lapsed due to non payment

The patent was designed by me, and owned by xxxx. I apparently sold xxx and yyyy when I had a stroke in September 2014. I have not been paid one dollar by the Law firm.

Peter D. Mlynek
Peter D. Mlynek answered on Jul 9, 2020

It looks like the first maintenance fee has been paid by CPA (a company that specializes in paying maintenance fees) on 2 Mar 2017. So it looks like that the payment of fee is in order and the patent is likely enforceable.

The next fee is due by Aug 2021.

I note that CPA paid the...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: patent litigation

I am an exclusive inventor and owner of an US patent about a machine and recently discovered a us company product and sale -withou having anm own patent- a machine completely same of my patent

I am searching a law firm on a base "no win no fee" success rate

Peter D. Mlynek
Peter D. Mlynek answered on Jul 7, 2020

Sorry, but patent litigation is not mass tort. I don't know of any firm who would do this on "no win no fee".

Here is an option for you: you could finance it. There are companies who could lend you the money to finance your litigation. But even with those, you'd need...
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3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Hello, I would like to enquire if using a specific type of solid fuel in a piston engine is uniquely patentable?

A solid fuel piston engine, with a specific fuel type with a specific waste types.

Kevin E. Flynn
Kevin E. Flynn answered on Jul 7, 2020

This is a public forum and not the place to share your innovative concepts. I encourage you to share the nuances of your idea only with a patent attorney that you are interviewing to hire. The attorney-client privilege attaches early so you can share confidential information to interview... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Colorado on
Q: how do i put a lien on a patent
John Brian Hudak
John Brian Hudak answered on Jul 6, 2020

Generally, liens are determined by state and local law – they can include filings with the state for a UCC filing based on a particular transaction or a particular form of security. If this is a contract dispute, consider using a local attorney to assess the case and determine if there is a way... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Arizona on
Q: Where do I present my provisional patent for school bus

It's a safety system for school buses

Kathryn Perales
Kathryn Perales answered on Jul 6, 2020

You can learn more about filing a provisional patent application at uspto.gov - there are many resources for inventors there. If you wish to do this yourself, you can use efs-web as an unregistered e-filer. Your documents should be in pdf format. Look into the requirements for micro or small... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Can two patent applications have identical titles? If so can you find an example?

An inventor filed for two patents with the same title at the Austrian patent office. But when he obtained two U.S. patents with those Austrian patents as priority, his U.S. patents had TWO DIFFERENT titles. If the U.S. patent office didn't care, why didn't his two U.S. patents have the... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Jul 4, 2020

Yes. Absolutely. In the US, anyway.

The rules in the US about titles of patent applications is fairly liberal. A title must be "short and specific", meaning fewer than 500 characters, but I've found that the Patent Office does not really care. At most, they delete leading...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: Can I produce a patented chemical just as an academic exercise? if permission is required, how can I obtain one?

I am a postgraduate student and wish to replicate a procedure reported in a patent at a lab scale just for academic purposes. I wish to know if it is Okay or if I will need a permission before I can do that. And if a written permission is required, who would be the right person to contact; the... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Jul 4, 2020

If you'd be a high schooler, then most attorneys would say "yeah, who cares?", but since you are a PhD student, it is possible that your result may be used to produce a new composition that can be patented and licensed. It behooves your PI not to fun afoul of any patents. There... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Can two patent application have exactly the same title? If so, can you give one example?
Kevin E. Flynn
Kevin E. Flynn answered on Jul 4, 2020

There is no rule prohibiting two patents from issuing with the same title. What is unique about a patent is the patent number and the patent claims.

I do not have an example in my issued patents as I go out of my way to avoid using the same title as I find it confusing to have more than...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: Is ultra pro patent right for the USA or all of North America? Whats the law about change the design of a top loader?
Kevin E. Flynn
Kevin E. Flynn answered on Jul 4, 2020

There is not a regional patent for North America. One can obtain a patent in the United States, and separate patents in Canada and Mexico. The patent examiners in the three states negotiate the terms of the patent claims independently with the invention owner and thus the final outcome may lead... Read more »

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1 Answer | Asked in Patents (Intellectual Property) on
Q: Dear lawyer I want to re-accept or re-register my patents. Please guide me . Thanks a lot

my patents are out of date .

And I want register them in canadian patent with added claims .

Peter D. Mlynek
Peter D. Mlynek answered on Jul 3, 2020

Once a patent lapses because it's term expired, there really is not much that can be done. This is because patents are specifically made so that after a certain period, the invention passes to the public.

If your patent lapsed due to non-payments, under some limited circumstances,...
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: If a person copyrights the summary and title of a patent, can anybody use the content of the summary to make decisions

Decisions that result in profit and loss without a license, and if so, how would that be prosecuted for damages. Such as short trade positions, and commodity trading, or purchasing of companies and or other patents.

Peter D. Mlynek
Peter D. Mlynek answered on Jul 3, 2020

Patents are not copyrightable, so anyone can make a copy of any patent. They just can't copy the invention.

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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 Copyright and Patents (Intellectual Property) on
Q: May I know please whether it is legal or no?

Hi,

A Word Mark named "VIREMEDY" and a trademark named viRemedy have been cited at https://trademarks.justia.com/872/16/viremedy-87216579.html .

However, VIREMEDY has been the special name of a particular remedy from several years ago.... Read more »

William Scott Goldman
William Scott Goldman answered on Jul 1, 2020

Well, this is a trademark question, and federal registration could be available for the specific goods in question. In approving the application, the USPTO did not deem the wording 'generic' and ineligible for registration. Nor did the TM Examiner find it 'merely descriptive'.... Read more »

2 Answers | Asked in Patents (Intellectual Property) on
Q: I have an idea for wheelchair, during application for patent do I have to submit complete wheelchair ?

Or only the proposal is enough?

John Brian Hudak
John Brian Hudak answered on Jul 1, 2020

In a patent application, the invention must be disclosed. In the patent application the invention will be described – and whatever is required to understand the invention. Therefore, if the aspect of "the complete wheelchair" is necessary to understand the invention, then yes the... Read more »

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2 Answers | Asked in Patents (Intellectual Property) on
Q: Hello! I was wondering if you could help me find out if a US approved patent is patented in Europe?

The patent number is: USD732309S1.

I was wondering, if the same design was used by another company in Europe - if the company who patented the design in the US is able to sue?

William Scott Goldman
William Scott Goldman answered on Jun 30, 2020

While trademarks and copyrights are my specialties, I work with several excellent patent attorneys/agents, so feel free to call or email, and I'll set up an introduction...unless a patent attorney responds directly to your request on Justia, of course!

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1 Answer | Asked in Consumer Law, Copyright and Patents (Intellectual Property) for Texas on
Q: Would it be possible for an unrelated individual to use this process to design a consumer good after getting investors?

US Patent Application for LASER INDUCED GRAPHENE MATERIALS AND THEIR USE IN ELECTRONIC DEVICES Patent Application (Application #20200112026)

Do patent applications on new methods of producing material products make it impossible for others to use the methods in their own designs?

Thankyou

Kathryn Perales
Kathryn Perales answered on Jun 29, 2020

If a granted patent describes the same method that you want to use, then the inventor can prevent you from using that process without their permission. If a patent application has not yet been granted, then the inventor does not yet have the right to stop you. However, if the patent is granted... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Missouri on
Q: Can I patent an insulated holder, like a can koozie, but for electronic vaporizers?

I have a design for an insulated holder, like a can koozie, except instead of holding a can, it holds electronic vaporizers (Handheld “vapes” used for smoking herbs/herbal concentrates). Popular electronic vaporizers, like the Pax brand, have a common problem where the unit gets extremely hot... Read more »

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Jun 29, 2020

Dear Matthew,

First of all, congratulations on your creativity!

To best answer your question, we would need to do a patentability search to make sure that your invention is novel and non-obvious over other similar products. If the search shows that there is no impending prior...
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3 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: If my two patent applications can’t have the same title, but the priority country allows it, how is that handled here?
William Scott Goldman
William Scott Goldman answered on Jun 29, 2020

While trademarks and copyrights are my specialties, I work with several excellent patent attorneys/agents, so feel free to call or email, and I'll set up an introduction...unless a patent attorney responds directly to your request on Justia, of course!

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2 Answers | Asked in Patents (Intellectual Property) for Missouri on
Q: Can I patent an insulated holder, like a can “koozie” except instead holds handheld vaporizers/e cigarettes?
Peter D. Mlynek
Peter D. Mlynek answered on Jun 29, 2020

Yes, you should be able to get a patent on it, if it is sufficiently novel and non-obvious.

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