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Patents (Intellectual Property) Questions & Answers
2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Need to provisional patent on a device for vision screening. How Do I file a provisionanl patent to build the POC?

The device is not been made yet. I need to file a patent right away. Is there a patent type that is relatively cheap so we can protect our intellectual property until we build a POC?

Peter D. Mlynek
Peter D. Mlynek
answered on Nov 11, 2024

A couple of points:

(1) Congratulations on worrying about patenting your device. Way too many people build the product, sell it, and then seek to get a patent, only to be told that it is too late.

(2) However, there is such a thing as trying to file a patent application too early....
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2 Answers | Asked in Patents (Intellectual Property), Trademark and Intellectual Property on
Q: Hi, I am trying to drop ship the nova bag from the website Wool & Oak. I don't know if the product is patent, trademark

I just want to know if I am allowed to drop ship this product and brand it after. Is it legal. So did Wool & Oak patent it or trademarked it or put copyrights on it. The product they sell is the only thing I care about. I won't take anything from their website

Sarah Teresa Haddad
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answered on Nov 3, 2024

The product is most likely subject to more than one form of Intellectual Property protection by its manufacturer or original owner: trademark (its brand), trade dress (protects the overall appearance of the product, including its size, shape, color, texture, and graphics), patents of any... View More

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2 Answers | Asked in Patents (Intellectual Property) on
Q: Patent 8728929 on 2014-05-20 What is the status of the patent at this moment. Thanks
Sean Goodwin
Sean Goodwin
answered on Oct 30, 2024

This patent is alive and active.

In general, patent terms expire 20 years from the date of filing. This patent was filed on December 17, 2010.

In some cases, the applicant can request a patent term extension. This applicant received an additional 66 days to its term.

This...
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2 Answers | Asked in Gaming and Patents (Intellectual Property) on
Q: Hi we would like to a patent our technology which allows in game betting for live poker. Also our dynamic odds engine.
Sarah Teresa Haddad
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answered on Oct 30, 2024

I have considered patent eligibility in the past for technology of games such as poker, and the technology and dynamic odds engine needs to contain elements that transform pre-existing processes of game betting for live poker (or abstract ideas) into a patent-eligible application. Please see my... View More

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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for New Jersey on
Q: How can I register an idea?

I have an idea for a novelty in dentistry, researched it, and built a proposal, but I am afraid to present it to anyone because I could lose the rights of my idea. What do you think I should do? Thank you.

Alan Harrison
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answered on Oct 22, 2024

You can file a patent application, or a provisional patent application, to start the process of protecting your idea with a patent. Some ideas might be possible to protect as a trade secret, for example if you knew of a particular way to do a dental operation then you might teach people how to do... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Ohio on
Q: I don’t want to infringe on this patent. If my system does not attach to shelf and does is not adjustable in depth would

Patent Claims

1. A method for wire shelf restoring by altering the visual aesthetics of a wire shelf comprising:

providing a top surface covering capable of defining a plurality of depth dimensions;

adjusting the depth of the top surface covering to a predetermined shelf... View More

Sarah Teresa Haddad
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answered on Oct 14, 2024

To directly infringe a method patent claim, a person must have practiced all the steps of the claimed methods. Hence, if the referenced method, is the full method in that particular claim, you will not infringe it if not all of these steps are carried out. If another party under your direction... View More

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3 Answers | Asked in Patents (Intellectual Property) for Arizona on
Q: Can I file and receive a patent without retaining a lawyer? What would doing so entail ? How would I do this?

Just to tell you: I am no longer employed due to brain and spinal damage from being run over by a truck in 2018. (60% blind, memory damage, constant pain in back and legs, using a walker wherever I go, lethargy from the pain, insomnia)

I am curious about doing this as a hobby activity. I... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Oct 8, 2024

Sure, you can file a patent application, and there are plenty of help out there for pro se inventors. One of the best books on how to do this is "Patent It Yourself" by David Pressman from NOLO Press.

However, it is not easy to write a patent application, and it is even harder...
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2 Answers | Asked in Patents (Intellectual Property) for Connecticut on
Q: Why are patents sold to companies who hate them and have no intention of sharing them with humanity?
Peter D. Mlynek
Peter D. Mlynek
answered on Aug 28, 2024

That is a very good question. Patent lawyers may have their own views on answering this question, but this is a question about public policy, which may be answered by an economist or a knowledgeable policy expert.

Here a few of my thoughts to answer your question.

- Companies...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Hawaii on
Q: How can companies legally use other patented products?

If a product is patented how are other companies able to produce similar if not identical products? For instance coconut oil is patented under 5108775 so how is it legal for thousands of brands of coconut oil using this same method? Or is it irrelevant if it is branded under something else?

Sean Goodwin
Sean Goodwin
answered on Sep 5, 2024

Patents also have a lifespan. Typically, a utility patent only lasts for 20 years from the date of filing the application. After that period, the patent enters the public domain and anyone in that country is free to make and use the technology described in the patent. The patent you referenced... View More

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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Hi, I have developed a prototype solution and would like to know how I can file for patent of this product.

I have developed a solution to integrate Blood Collection , distribution and stakeholders. I would like to patent this solution so that I can seek for investments to build a complete product.

Regards

Natia Kurdadze
Natia Kurdadze
answered on Aug 19, 2024

Filing a patent for your prototype solution involves several steps. Here’s a general overview of the process:

1. Determine the Type of Patent

Utility Patent: Protects the functional aspects of your invention.

Design Patent: Protects the ornamental design of your invention....
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: How do I know if my product has been patented by someone else?

I have a concept for a sandal that I'm trying to get made. I was researching patents, and I don't know if my specific ideas has been made and patented or not.

Jeffrey R. Schell
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Jeffrey R. Schell
answered on Aug 5, 2024

The best way to determine prior patent status of a product is to engage with a patent professional to engage in a freedom to operate search. Prior to that step though, to determine if your product has been patented by someone else, consider the following:

First, understand that patents...
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Can I patent an idea

I had plans of creating a prototype of an idea. Due to a health issue, I unfortunately have limited time in terms of life. I want to be able to carry out this invention but am afraid that once I leave, the people I share this idea with, will say this idea was thought of by them when that is clearly... View More

Jeffrey R. Schell
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Jeffrey R. Schell
answered on Aug 5, 2024

I'm sorry to hear about your health situation, and I understand your concerns about protecting your invention. It's commendable that you want to secure your intellectual property and ensure your ideas are recognized as your own.

To address your question: yes, it is possible to...
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2 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Illinois on
Q: Is the name Warhorse copyrighted patented or protected from me using it for my new company or Warhorse production
Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on the search results provided and the information in your query, here's an analysis regarding using "Warhorse" for your new company or "Warhorse Production":

Existing Usage:

The search results mention "The War Horse" and "The WarHorse...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Wisconsin on
Q: How can I find my grandfather's patent
James L. Arrasmith
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answered on Jul 2, 2024

To find your grandfather's patent, you can follow these steps:

1. Gather information:

- Your grandfather's full name

- Approximate date or year of the patent

- Any details about the invention

2. Use online patent databases:

- USPTO Patent...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Arizona on
Q: How do I know when a patent is expiring?

Do patents expire?

James L. Arrasmith
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answered on Jul 2, 2024

Yes, patents do expire. To answer your questions:

1. Patents expire after a set period of time from their filing date:

- Utility patents (the most common type) expire 20 years from the earliest filing date of the application.

- Design patents filed on or after May 13, 2015...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: Infringement of patent

Do I infringe any patent from this article if I attach my own reader to Itron's meter with the clips already existing in their meter. I am using a different signal to read the meter and transmit the result directly to the customer company without storing any data in my own database ? Thank you... View More

James L. Arrasmith
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answered on Jun 27, 2024

To provide a thorough response to your question about potential patent infringement, I'll need to break this down into several key points:

1. Patent scope: The specific details of Itron's patents would need to be carefully examined to determine if your proposed device and method...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Florida on
Q: Is the method of ‘adjusting golf scores based on abnormal weather conditions’ patenable?

USGA World Handicap System

James L. Arrasmith
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answered on Jun 22, 2024

To assess the patentability of 'adjusting golf scores based on abnormal weather conditions' as part of the USGA World Handicap System, we need to consider several factors:

1. Novelty: The idea must be new and not previously disclosed to the public.

2. Non-obviousness: It...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: My patent was denied because the reviewer claimed that if I combined two existing patents.

The reviewer denied my patent once claiming that my idea operated the same way as an existing product, once my lawyer better explained to him how it operates he agreed that he was wrong about it, but came back saying that if I combined two existing patents I could've get the idea to build my... View More

James L. Arrasmith
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answered on Jun 22, 2024

This is an interesting and complex patent law question. To provide a thorough answer, I'll need to explain a few key concepts in patent law:

1. Novelty: For an invention to be patentable, it must be novel (new). If your invention is identical to a single prior art reference, it lacks...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: Is the electric hair comb/hair straightener patented?
James L. Arrasmith
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answered on Jun 22, 2024

To provide an accurate answer about whether a specific electric hair comb or hair straightener is patented, I would need more details about the particular product in question. However, I can offer some general information that may be helpful:

1. Many electric hair combs and straighteners...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Florida on
Q: how do I contact this company for a licence to one of these patents

My dream is to get Beta Hydroxy butyrate (BHB) available for everybody in the supermarket because of its unprecedented health potential. The use of BHB for increasing ketone bodies is patented. Therefore, I probably need a licence to this patent if I would like to sell such a product in the... View More

James L. Arrasmith
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answered on Jun 22, 2024

To answer your question, we need to break it down into a few steps:

1. Patent verification:

First, we need to confirm that the use of Beta-Hydroxybutyrate (BHB) for increasing ketone bodies is indeed patented. Without specific patent information, I can't verify this claim....
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