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Massachusetts Patents (Intellectual Property) Questions & Answers
Q: What are the implications of operationalizing the US patent in a different country?

I can't find an interested and reliable party in US to act as 1) investors 2) manufacturers 3) medical administrators

However, I might be able find all this partnership in a different country.

What should be done from the legal stand point to:

1) protect this invention... View More

James L. Arrasmith
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answered on Feb 4, 2024

To protect your invention, which is patented in the United States, when operationalizing it in another country, it's important to secure patent protection in those specific countries where you intend to manufacture, sell, or otherwise commercialize your invention. Patents are territorial,... View More

2 Answers | Asked in Trademark, Patents (Intellectual Property) and Intellectual Property for Massachusetts on
Q: Someone has applied to get the Trademark & USPTO of a Mark Drawing I designed for a pro deck & did not ask for permissio

I haven´t been called nor asked to give my permission to patent it. I can proof I did the deck myself, there is the digital print & email sent w deck to the person for whom I did the job. This person has taken the type & style I used in the design & wants to be the owner of it when... View More

James L. Arrasmith
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answered on Oct 24, 2023

If someone has applied for a trademark registration with the USPTO using a mark you designed without your permission, you may have rights to challenge the application or subsequent registration. First, having proof of your original design, such as digital prints and email correspondence, is... View More

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2 Answers | Asked in Trademark, Patents (Intellectual Property) and Intellectual Property for Massachusetts on
Q: Someone has applied to get the Trademark & USPTO of a Mark Drawing I designed for a pro deck & did not ask for permissio

I haven´t been called nor asked to give my permission to patent it. I can proof I did the deck myself, there is the digital print & email sent w deck to the person for whom I did the job. This person has taken the type & style I used in the design & wants to be the owner of it when... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2023

The trademark application you cite is for the text FROM HER TO ETERNITY, without any graphic element or stylized font, so whatever you designed is not at issue in the trademark registration.

If the design you created is being used on merchandise or related materials such as advertising,...
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5 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: I have an idea that I would like to check if it is already patented. How do I find out? Do I have to pay anyways?

This idea is an innovation in building automation systems and isn’t necessarily just a MA patent, but I am not sure how this process works.

James L. Arrasmith
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answered on May 2, 2023

To find out if your idea is already patented, you can conduct a patent search. You can start by using the United States Patent and Trademark Office's (USPTO) patent search tool, which is free to use. This tool will allow you to search for existing patents by keyword, inventor name, patent... View More

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5 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: I have an idea that I would like to check if it is already patented. How do I find out? Do I have to pay anyways?

This idea is an innovation in building automation systems and isn’t necessarily just a MA patent, but I am not sure how this process works.

Kevin E. Flynn
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Kevin E. Flynn
answered on Apr 18, 2023

You can pay an patent attorney or patent agent to perform a patentability search. Often they will tee up the search scope and outsource the search to professional searchers with lower hourly rates.

NOTE -- even after a search, your idea may not be patentable as someone may have filed a...
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1 Answer | Asked in Patents (Intellectual Property) for Massachusetts on
Q: Is this patent fully approved. I don’t have any update. Thx Asim FAZLAGIC aaf2006@gmx.com
James L. Arrasmith
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answered on Jun 22, 2024

I'd suggest checking with the relevant patent office or your legal representative for the most up-to-date and accurate information on your patent's status.

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: Can a patent that was abandoned be patented again by one of the inventors?

Publication number: 20040002883

Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Sep 14, 2022

If there's a new improvement to it that is patentable, there may be an opportunity for a new patent application. However resubmitting an old application as-is that's already published, with nothing more, generally won't work.



I am a registered U.S. patent...
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Q: I sell a product that I DIY, meaning the product existed already and was popular and more known in the 80s-90s.

Another company altered the same original product the same way I did and is claiming she’s the original creator of that new design. So she and her friends have been harassing me on both personal and business social medias. A good 2-3 businesses sell the same new version of this product as well.... View More

Stephen E. Zweig
Stephen E. Zweig pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2022

I am not sure if this applies to your situation or not. However many products from the 80's and 90's, unless covered by trademarks (such as the product's name or logo) or copyrights (for example, graphics), are now "public domain." In such cases, anyone might be able to... View More

1 Answer | Asked in Estate Planning, Patents (Intellectual Property) and Probate for Massachusetts on
Q: Is this possible and how can I fix this or what do I do?

My father passed away unexpectedly a couple months ago. June 12th to be exact and a month later after his funeral, I filed intestate probate as he had no will. He had debt and expenses, but his parents took care of it. After legally doing all the paperwork for probate it was done within 3 weeks... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 7, 2021

If you are appointed Personal Representative of his estate you can and should obtain information from the Registry of Motor Vehicles about the title and transfer information. If assets or monies were stolen from the estate then you may be advised to pursue the parents depending upon whether the sum... View More

2 Answers | Asked in Patents (Intellectual Property) for Massachusetts on
Q: What types of inventions have to be patented
Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Jan 18, 2021

Nothing HAS to be patented. But any "new, useful, and nonobvious" machine, article of manufacture, process, composition of matter, or improvement on those things may be eligible for a "utility patent." While a utility patent protects the way an article is used and works (35... View More

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Q: Do I get a share of money if some patents that I co-invented when I was a student is now sub-licensed by a company

I was a Ph.D. student working with my professor at University. We together applied for two patents, which were approved in the U.S. and Europe. My professor later started a company and licensed these patents from the University. Recently on the news, a large company sub-licensed these patents again... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Oct 15, 2020

Sorry, I wish I had better news, but you very likely are not entitled to any money from the patent.

Generally, when you are a Graduate Research Assistant, you are getting paid, either as a salary or in lieu of tuition, to do research. You were getting paid. As with any university in the...
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1 Answer | Asked in Patents (Intellectual Property) for Massachusetts on
Q: Who is the best lawyer to use to file a CLASSIFIED patent for the electromagnetic asteroid propulsion system?
Peter D. Mlynek
Peter D. Mlynek
answered on Aug 16, 2020

Well, if you are working on a classified material, such as a mass driver, then you need to talk to your group leader, manager or director. They will be able to provide the proper channels to determine if it is in the best interest of your sponsor to apply for such a patent, and what you need to do... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: hi, I had discovered a novel compound that shown an antifungal assay, this has never been reported, can i patent it?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 16, 2020

Depends

There are a lot of factors in play

Has that compound being used before for something?

Has it been in existence before?

Did it have other elements that can be considered generic? so that a previous compound may be used if minor changes are made

Is it...
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1 Answer | Asked in Patents (Intellectual Property) for Massachusetts on
Q: Hi, I would like to get a computer software patent. I would like to have an idea of the price and procedure. Thanks
Peter D. Mlynek
Peter D. Mlynek
answered on Apr 7, 2020

The costs vary greatly, but generally to a patent costs about as much as a car: anywhere from about $10,000 to over $30,000.

The procedure is easy: go see a lawyer who specializes in computer software patents. He'll walk you through the process.

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Massachusetts on
Q: Would I be the "Sole Rights Holder of the material?" It's my video of a comedy show I taped with permission of the club?

I recently discovered a vhs tape of a stand-up comedy shot that I shot in 1993 at a Comedy Club. I was given permission by the comedy club to tape it as I was one of the comedians performing that night. I recently viewed the video again for the first time in almost 30 years....and 2 of the... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 3, 2020

Very likely you are not. It is very possible the people in the video have some rights over the video.

You may have to reach out to the people live or their estate and get permission from them.

You should consult with an attorney, and also talk with an insurance company that...
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1 Answer | Asked in Patents (Intellectual Property) for Massachusetts on
Q: Inheritance and patent questions

My great grandfather was an inventor and patented at least 2 machines that I no of. I think he left the family some money

Peter D. Mlynek
Peter D. Mlynek
answered on Aug 22, 2019

A patent that is issued is a legally a personal property, so that it can be inherited just like money, a car, or an art collection. If your great-grandfather owned patents, then it would have passed onto the appropriate heir (either by will or intestate).

The problem with inheriting...
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3 Answers | Asked in Patents (Intellectual Property) for Massachusetts on
Q: my name is spelled with a typo in a patent. How do I fix that?

Patent number: 7373500

My name is "Rajesh Vaidheeswarran". In the patent it is spelled as "Rajesh Vaidheswarra"

Not sure how that typo crept in, butI would like that fixed. Any assistance would be helpful

Kevin E. Flynn
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Kevin E. Flynn
answered on Jan 24, 2019

Rajesh,

This is surprisingly difficult to fix as you signed the original oath on July 7, 2003 as Rajesh Vaidheswarra. Most likely this was the spelling used throughout the process.

Ideally, you would have corrected this problem in July of 2003. Now the USPTO believes there is an...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: Is there a way to get a patent issued if I failed to file within the year of getting a provisional patent?
Peter D. Mlynek
Peter D. Mlynek
answered on Dec 15, 2018

That is a very common question. Many times inventors get side-tracked, or funding dries up, or they simply forget.

The good news is that provisional patent applications are not published, so once the provisional patent application expires and is not used as a priority document, it is as if...
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1 Answer | Asked in Patents (Intellectual Property) for Massachusetts on
Q: Patents - Utility - regarding sophistication required of preferred embodiment to justify provisional protection.

For the sake of business expediency, is it OK to 'cobble' together a less-than-desirable solution and use that as proof of concept, and then write the claims off of that? The go-to-market solution would require a better mousetrap but it would get the patent part going. So would the... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 11, 2018

This is a very question frequent question in R&D. It rare that a company has a project, comes up with a product that is optimized. Normally, researchers come up with a viable product, which is then refined to make the product better, and which can be sold.

The answer is, yes, an...
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1 Answer | Asked in Patents (Intellectual Property) for Massachusetts on
Q: If a patent is abandoned & owned by a company - can one of the orig. creators do anything?

application #20040002883

Peter D. Mlynek
Peter D. Mlynek
answered on Aug 21, 2018

I responded to your e-mail address.

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