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California Patents (Intellectual Property) Questions & Answers
2 Answers | Asked in Patents (Intellectual Property) for California on
Q: Can I file for a patent on a product that is already made but doesn't currently have a patent?

For example, I currently sell a Spray Bottle, however, I didn't invent it. If there's no patent on the item, could I file for one? Or would I have to change something about it? If so, is there a way to something about the product to file my own patent for it?

Kevin E. Flynn
Kevin E. Flynn answered on Apr 9, 2020

Patents are intended in reward inventors. If you did not invent the product, you cannot patent it.

You may be able to patent an improvement to the product as long as whatever you do is not obvious to someone that designs spray bottles. But you would need to invent this or pay someone to...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: How long does the patent process take?

For example, I want to file a patent for my Spray Bottle, how long would it take?

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 9, 2020

Spray bottle again. If there are no major issues you are looking at two to three years.

If there are a lot of modifications, changes, etc, you are looking at longer and more cost.

Consult with an attorney.

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: What are the estimated costs to file a patent?

For example, I have a Spray bottle I want to file a patent for, how much would it cost?

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 9, 2020

Depends on the technology.

Budget around $10,000 to $20,000. More if it is a complex patent and technology, like biomed, software, etc.

Consult with an attorney.

www.legalbizglobal.com

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: If there was a patent on an already patented product, what would I need to change about that product?

For example, I sell a spray bottle, however, it already has a patent. change about that product so that I can't get claimed as violating a patent? Is it as simple as changing the type of plastic? Can I file a patent for part of a spray mechanism for that bottle?

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 9, 2020

Be careful. Consult with an attorney.

The patent allows you to practice your improvement, but you are still bound by the active patents covering elements that are part of your invention.

The change needs to be novel and non obvious.

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Can I make my own "flexible" sole that can be used with multi-height heels, using a different mechanism?

US Patent for Sole part Patent (Patent # 9,980,533)

Peter D. Mlynek
Peter D. Mlynek answered on Apr 2, 2020

Yes, you can.

As long as you do not do what it says in the claims (literally or otherwise), you should be OK. You can take their idea of flexible sole, but just not what is in the claims.

1 Answer | Asked in Business Law, Civil Litigation and Patents (Intellectual Property) for California on
Q: Amgen control of patent. Sold rights to other companies. Still used. D. Fenton did nothing. Does Tallen have recourse?

I am sole inventor. Michael Tallen. Dennis Fenton did not come up with idea nor did any of the work. I was fresh out of school. He threatened me to get name on patent snd drove me out of Amgen. Today he is on Board of Directors of over 200 Biotech Companies worth $500M. Amgen got to markets... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Apr 2, 2020

I can't give you an exact answer to your question because I do not have all the information, but here is several points which you should consider.

(1) There is a difference between an ownership of a patent and an inventorship.

(2) An inventor is one who invented as least one of...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: May I know what type of patent the patent 8,395,875 belongs?
Kevin E. Flynn
Kevin E. Flynn answered on Feb 18, 2020

The general type of patent is an issued United States Utility Patent (not a design patent and not a plant patent).

The claims are written a number of different ways but they cover articles of manufacture that have a feature to protect electrical components from excessive electrical surges....
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: I would like to buy a patent. Patent application #20140283673. It is owned by Intrepid Tactical Solutions LLC.

I believe they are out of business. I would like to buy the patent and the rights to produce their products. And maybe purchase and of the manufacturing equipment and or materials they may still posses.

Robyn T. Williams
Robyn T. Williams answered on Feb 16, 2020

You have the option to license the patent/application or purchase the patent/application and have an assignment executed. I'd recommend a review of the entire IP portfolio if they are in fact out of business. My firm frequently handles licensing and assignment transactions.

Robyn T....
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: I filed a provisional patent for this. Do I have any protection with this? May 17 file date for walmart

I filed my provisional patent march 14 2016> They are only good for a year I believe...

Kevin E. Flynn
Kevin E. Flynn answered on Jan 2, 2020

If you filed a provisional patent application on March 14, 2016 and took no further action, then that provisional patent application expired. An expired provisional application that was not used as a priority document for a later patent application gives you no rights to exclude others.... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: Hello! I have a question regarding manufacture of specific skateboard parts.

I recently manufactured on a CNC machine 5 sets of high performance skateboard trucks. The design copies very closely a design of a company that is no longer in business. I believe they never had a patent on their skateboard parts. Is it legal for me to sell my product? They are not exact... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 2, 2020

that definitely requires an in depth analysis and consultation with an attorney

in any case you always run the risk of somebody claiming you are copying something

you need to understand how many basic designs of trucks exists, how long they have been around, etc. in order to assess...
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2 Answers | 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.

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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 »

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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...
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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...
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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",...
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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 »

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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...
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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 »

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