Lawyers, Answer Questions  & Get Points Log In
California Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for California on
Q: I submitted my patented paint brush Hook to the Wooster paint brush company new products department 3 years ago

After several emails, reviews, and conversations they said that they were not interested,

Today I went to Home Depot and in the paint brush department, Wooster has a paint brush with my design that I submitted to them ,I think they stole my patented design.

Peter D. Mlynek
Peter D. Mlynek answered on Aug 19, 2020

Well, if a company stole your patented product, then you should be able to sue them. Talk to the patent attorney who got you your patent to recommend a litigator.

Good luck!

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: Need assistance with patent information.

Hello,

Im seeking assistance with the review of some trademark applications I have completed and I'd like to review for accuracy before I submit. I also have a few questions about technology IP; specifically with the use of some thermal imaging products and supporting software... Read more »

John B. Hudak
John B. Hudak answered on Jul 16, 2020

Use the Find a Lawyer function on Justia and go from there. Call the lawyers and determine if the work can be completed and ask for a quote.

For some issues you have a wide variety of lawyers to choose from. For federal trademark applications and patent applications, those applications...
Read more »

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Is U.S. Patent No. 6,485,982 expired now?
William Scott Goldman
William Scott Goldman answered on Jun 27, 2020

After reviewing the abstract online that appears to be the case:

2002-11-26

Application granted

2019-11-26

Anticipated expiration

Status

Expired - Lifetime

Basically, it's a 17 year grant of exclusive rights from the 11/26/02 date of...
Read more »

3 Answers | Asked in Patents (Intellectual Property) for California on
Q: My husband is deceased and is a co-holder of patent US7837472B1. As his widow have I any rights under this patent?

The widow of another co-inventor has had her name added to the list of inventors. Can I do this?

Maurice Mandel II
Maurice Mandel II answered on Jun 19, 2020

You need a consultation with a good "intellectual property" attorney. You can search the internet for one in your area or you can contact the local bar association for a referral to one. This question cannot be answered without a review of all the relevant documents, particularly the... Read more »

View More Answers

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: 6340334 patentIs there anyway to check if products out today are anything close to our patent?

I did see a couple manufactures last year that make portable boxing rings, don’t know if that would be close to our design? Maybe just improved idea??

Let me know if you have any interest

Thanks

Kevin E. Flynn
Kevin E. Flynn answered on Jun 19, 2020

Jeff,

Google Patents notes that your patent expired in 2006 for failure to pay a maintenance fee. You may want to discuss this with your patent attorney. There are ways to pay for an unintentional failure to pay a maintenance fee to revive a patent that lapsed for failure to pay the...
Read more »

2 Answers | Asked in Criminal Law and Patents (Intellectual Property) for California on
Q: Three adult girls provoked my son by hitting him with bats. He took the bat away and hit them back.

He is only 17 and these ladies called cops but took my son to jail.

Dale S. Gribow
Dale S. Gribow answered on Jun 10, 2020

more info needed.

he will be sent to juvenile court and there he should ask for a public defender or you can hire a private lawyer who practices in your area.

have him prepare a detailed summary ahead of time as lawyers time is expensive.

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: How does this patent influence our business? (US10610794B1)

https://www.amazon.com/Jasonwell-Sprinkle-Sprinkler-Toddlers-Children/dp/B07LG9CGF1

Peter D. Mlynek
Peter D. Mlynek answered on Jun 5, 2020

I've looked over the patent and the Jasonwell Play Mat, and am available to discuss it. Please reach out to me.

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Is a new product design consisting of several existing products that are fastened together patentable?

Thank you for your answer, Peter. The intend is to combine several existing products in order to create a single product for a completely different purpose. If I understand you correctly, it will likely be a patentable product in which case I will seek a further consultation with a patent attorney.... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on May 29, 2020

Generally, no. Combining several products according to known methods to yield predictable results is not patentable.

But, if your new product is better then would be just a combination of existing products, then the new product may be patentable.

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for California on
Q: Would it be possible to produce, sell and protect a "fake" product, not registered which was featured on an SNL Parody?

While watching a popular late night show, they featured a sketch of an infomercial for a fake product which does not appear to be in production, on sale anywhere and does not show up in a Copyright search, Trademark Search or Patent Search. Prior to obtaining formal legal counsel I would like to... Read more »

Bill Hulsey
Bill Hulsey answered on May 5, 2020

It is possible, but likely that you would need to obtain NBC legal approval. I recall that "Land Shark" halloween costumes have been made. That image and art is an NBC property.

With the right incentive, a deal could be crafted.

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: I am seeking some further clarification on developing a golf addition to corn hole (bag toss/ tailgate game). There is

There is a company out there already producing the game. However, cutting 3 holes in a piece of wood and using a sand wedge to hit balls in the holes is not reinventing the wheel. If I were to produce a similar game for sale to the already existing golf corn hole game "chippo" would I be... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on May 1, 2020

This is a pretty specific legal question that you will need to actually hire a patent attorney. Sorry.

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Patent number: 10221618 There is already a patent in place for my idea. How do I apply to use someone elses Patent.

Patent number: 10221618 Baby's Gate by Guard me

Peter D. Mlynek
Peter D. Mlynek answered on May 1, 2020

You would license the patent from the patent owner. The patent owner may or may not let you license it.

One alternative to licensing the patent is to see if your product indeed infringes the patent in question.

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: What are the different kinds of patents? I'm assuming there are design patents, functionality patents, process paten
Peter D. Mlynek
Peter D. Mlynek answered on Apr 13, 2020

The vast majority of patents are known as "utility patents." This means that they claims some sort of an invention that is useful and new. It could be a process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.

There are also two special...
Read more »

2 Answers | Asked in Patents (Intellectual Property) for California on
Q: What are the different kinds of patents?

I'm assuming there are design patents, functionality patents, process paten

Peter D. Mlynek
Peter D. Mlynek answered on Apr 13, 2020

The vast majority of patents are known as "utility patents." This means that they claims some sort of an invention that is useful and new. It could be a process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.

There are also two...
Read more »

View More 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...
Read more »

View More Answers

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.

3 Answers | 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

View More Answers

2 Answers | 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.

View More Answers

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...
Read more »

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....
Read more »

View More Answers

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.