Lawyers, Answer Questions  & Get Points Log In
California Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Is the patent on the locking system or the way it fixes to the support bar? Or on the actual design of the bag?

I’m confused as to the patent. So anything that locks to a cross member with a combination lock in a portable bag form? Would be patent infringement?

Robert Philip Cogan
Robert Philip Cogan answered on Nov 19, 2019

It would help to know the number of the patent you are talking about.

If this is important to you, consult an attorney.

Providing detailed legal advice goes far beyond the scope of Ask a Lawyer.

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Is the claim for a cooling and heating product under patent??

For example the Icy-hot product..if I make another natural based product that cools and then heats the skin with all organic ingredients is it legal to manufacture and get a patent?

Robert Philip Cogan
Robert Philip Cogan answered on Nov 3, 2019

See https://www.uspto.gov/patents-getting-started/general-information-concerning-patents

2 Answers | Asked in Patents (Intellectual Property) for California on
Q: Can I get a patent on a liquid soap with a unique composition of chemicals?

The chemicals themselves are not unique, just the combination.

Robert Philip Cogan
Robert Philip Cogan answered on Oct 23, 2019

To merit a patent, the combination must be non-obious. There should be some synergy in the combination. Sometimes a combination may be considered obvious if each component works in a well-known way. A patent attorney may be able to see synergy where the inventor may not. This is because the legal... Read more »

View More Answers

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: How can I learn if a patent is earning royalties by the inventor?

Is this patent earning royalties? 20020198764

Kevin E. Flynn
Kevin E. Flynn answered on Oct 13, 2019

The number you cite is not a patent. It is a published version of an application. Not all patent applications become patents. According to Google Patents, this one did not.

https://patents.google.com/patent/US20020198764A1/en?oq=20020198764

Sometimes a license agreement will...
Read more »

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: Is it possible to patent a voyage?

A thematic cruise route spanning over 4 continents and 10 cities.

Kevin E. Flynn
Kevin E. Flynn answered on Aug 16, 2019

This does not sound like a fit for the patent system.

35 USC 101

Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and...
Read more »

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Patent inventor has passed away/ are royalties due his heirs from companies using the patents?
Peter D. Mlynek
Peter D. Mlynek answered on Aug 5, 2019

Theoretically yes, but in practice this is rare.

A patent is considered as personal property, just like a car, a stock portfolio, or an old masters painting. So, yes, you can inherit a patent just like any other personal property.

In order to collect license fees, or "royalties",...
Read more »

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Are Patents issued in the UK restricted to the UK or do they cover all of the EU? What is the life of a patent?

What happens if patent holders allow other competing products on the market that conflict with an existing patent(s)? How many years can thes competitive products be allowed on the market before the Patent becomes unenforceable?

Kevin E. Flynn
Kevin E. Flynn answered on Aug 5, 2019

A UK patent is a UK patent. There is not yet an EU patent. You can get your patent application examined by the European Patent Office so you only have to do that work once, but the allowed EPO claims are then validated in individual EPO countries such as the UK. So one patent application may end... Read more »

2 Answers | Asked in Patents (Intellectual Property) for California on
Q: Need to know if any royalty payments are due for any of my dads patents I inherited in 1993 by Inventor Allen C. Thomas

I seen 13 patents on your site stated Allen C. Thomas inventor of ,I own all rights due to inheritance

Robert Philip Cogan
Robert Philip Cogan answered on Jul 21, 2019

Further facts are needed to address this question. How do you know you inherited the patents? This cannot simply be assumed. Is there a will specifying that this property went to you? Did your father own the patent rights when he died? Who may have used the patent rights and when? Did this all... Read more »

View More Answers

2 Answers | Asked in Patents (Intellectual Property) for California on
Q: Hello, I am wondering if its worth getting a patent on half page pockets that go inside journals.

I have never seen the type of pocket inside any journal/notebook before. Is it even patentable?

Peter D. Mlynek
Peter D. Mlynek answered on Jul 15, 2019

A patent is a business tool. In "Ask a Lawyer" we can answer legal questions, but not business questions like if a patent is worth getting.

Let me ask you a few questions that you need to think about: after you spend $10K, $15K, $20K, or more, in getting a patent, what are you going to do...
Read more »

View More Answers

Q: If a patent is assigned to a company, would the inventor get royalties or just the company?

My father was involved in patents and was not sure if the family is entitled to anything from them.

Kevin E. Flynn
Kevin E. Flynn answered on Jul 13, 2019

If your father was employed by a company and made inventions as part of his normal job duites, then the employer might consider your father fully paid in that he received his paycheck. As a paid to invent employee, the money paid by the company to your father would serve as consideration for the... Read more »

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Hi I have a patent when i sold my business part of the deal was my patent been over 20 years.Someone has been infringing

My patent is now abandoned. Can I go after them .There has been several billion of them sold in the last 20 years. I think I have a very good case If I am able to go after them. It would only take 15 min to see if there is a case .I have all the information I need

Kevin E. Flynn
Kevin E. Flynn answered on May 15, 2019

I no longer work on patent litigation so I am not your solution. But I like to help where I can.

A patent that expired last week might have some value as you can sue folks for infringing the patent for up to six years earlier than the date of the law suit.

So even a patent that...
Read more »

2 Answers | Asked in Patents (Intellectual Property) for California on
Q: Can I patent a slide on golf glove? No velcro, elastic band at the wrist that expands/retracts when removing.
Peter D. Mlynek
Peter D. Mlynek answered on Apr 25, 2019

Well, yes, you can. But it is not going to be easy, because there are so many of them out there already.

View More Answers

2 Answers | Asked in Patents (Intellectual Property) for California on
Q: Good evening, I need some help to know if I can challenge a alleged patent infringement. Can someone help? Thanks
Kevin E. Flynn
Kevin E. Flynn answered on Apr 19, 2019

If someone has asserted that you have infringed their patent. then there are two principle ways to defend your actions. You can assert that your product or service does not infringe any claim of the patent. You can also assert that the patent claims of the patent are so broad that they read on... Read more »

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Good morning, I am researching the patent for Cookie Break Cookies by Nabisco. They changed the receipe.

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.

Kevin E. Flynn
Kevin E. Flynn answered on Apr 13, 2019

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...
Read more »

3 Answers | Asked in Patents (Intellectual Property) for California on
Q: How can I move my patent from application to grant stage? Thank you.
Ahaji Kirk Amos
Ahaji Kirk Amos answered on Apr 8, 2019

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... Read more »

View More Answers

1 Answer | Asked in Environmental and Patents (Intellectual Property) for California on
Q: My friend patented in Mexico a new way to clean water in the oceans. Would like to sell here in USA.
Peter D. Mlynek
Peter D. Mlynek answered on Apr 7, 2019

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?

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Dear Madam/Sir, I am Radek Nachev, inventor an owner Pat. N. 8264179. Couple of years ago I contacted the company

Trinamic (https://www.trinamic.com) with the idea from the patent, at that time they did not show interest but currently I see a method for sensorless stepper motor control in their products for which they say is the first of this kind and is based on the transfer of energy to and from the motor -... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Apr 6, 2019

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,...
Read more »

2 Answers | Asked in Patents (Intellectual Property) for California on
Q: How do i contact the holder of this patent?

I am interested in buying the right to sell a product that uses technology mentioned in this patent

Kevin E. Flynn
Kevin E. Flynn answered on Mar 14, 2019

Step 1 -- make sure that you are looking at an issued patent not a published application (Justia did not pass along whatever you are looking at).

Step 2 -- make sure that the patent has not expired, lapsed, or been invalidated.

Step 3-- be sure that you need the patent. Do you plan...
Read more »

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Hello, I don't see Digirad patent # 5,677,539, date of patent Oct. 14, 1997
Peter D. Mlynek
Peter D. Mlynek answered on Feb 15, 2019

Try: https://patents.justia.com/patent/5677539

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Can you patent an idea?

I have an app that is in the process of being developed, but I have additional applications and ideas for the app. And I’d like to know if an idea of an app can be patented?

Kevin E. Flynn
Kevin E. Flynn answered on Feb 13, 2019

I think you need to look at actual patents that have been issued for apps. The Supreme Court does not like mere efforts to organize human behavior with a marketplace or other app to modify human behavior. You need to show that what you did would impress an engineer that makes apps.... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.