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Minnesota Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Minnesota on
Q: My company as a "culture" does not include the electrical engineers or designers on their patents.

Could these patents be deemed invalid?

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2024

The validity of a patent depends on several factors, such as the novelty and non-obviousness of the invention, and whether the patent application meets the legal requirements. Not including the names of the actual inventors (in this case, the electrical engineers or designers) on the patent could... View More

1 Answer | Asked in Patents (Intellectual Property) for Minnesota on
Q: Hello-I am looking to see if there are any patents on a film that goes over pontoons to peel back at the end of season.

Patents on a film that covers the bottom of the pontoons you can peel back at season end to avoid the time and effort of cleaning.

James L. Arrasmith
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answered on Aug 25, 2024

To find out if there are any existing patents on a film that covers pontoons and can be peeled back at the end of the season, you can start by searching the United States Patent and Trademark Office (USPTO) database. The USPTO has a comprehensive online search tool called the Patent Full-Text and... View More

2 Answers | Asked in Patents (Intellectual Property) for Minnesota on
Q: Hi I have a patent application that was submitted by Emery L. Tracy, Reg# 34,081 I have some questions
Adam W. Bell
Adam W. Bell
answered on Nov 13, 2023

OK. I'll bite - I see Emry (05/21/1990) in Erie, CO.... So what are your questions? And what's the application number?

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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Minnesota on
Q: how to find Law Firm who wrote the Patent"
Kevin E. Flynn
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Kevin E. Flynn
answered on Oct 12, 2023

The name of the firm that is on the issued patent is not always the firm that wrote the patent application as sometimes the patent application moves from one firm to another during the time that the application is pending (such as when a company is sold or even when just the patent application is... View More

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5 Answers | Asked in Patents (Intellectual Property) and Trademark for Minnesota on
Q: I plan to release a game soon. Can you give me best practices regarding patenting and trademarking?

Our game is ready to be released soon, the trademark process can be complex, and I wanted to seek the advice of a qualified trademark attorney to ensure my application on the USPTO website is handled correctly. Thanks for your time

N'kia (NLN)
N'kia (NLN)
answered on Apr 3, 2023

It is virtually impossible to provide generalized best practices in just a few paragraphs, as registering a trademark with the USPTO is a fact-specific, multi-step process.

If you'd like to register your trademark yourself, the USPTO has a free virtual bootcamp that teaches the basics...
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1 Answer | Asked in Patents (Intellectual Property) and Business Law for Minnesota on
Q: If I have an investor , and the patentholder dies, is it possible for the investor to file claim to that patent?
Stephen E. Zweig
Stephen E. Zweig pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 3, 2023

It depends on how ownership of the patent is structured, and the terms of the investment.

For example, investors often require that the inventor assign the patent to a company. The inventor will presumably own shares in the company. When the investor invests, then the investor owns shares...
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1 Answer | Asked in Patents (Intellectual Property) for Minnesota on
Q: I have an idea for a product and has spoken to certain people companies I don't have a patent what can I do to protect m
Tim Akpinar
Tim Akpinar
answered on Aug 30, 2022

Your question remains open for two weeks. You could try reposting under the category "Patents (Intellectual Property)." There's no guarantee that all questions are picked up, but you would have better chances of a response there. Product liability is more about injuries from... View More

1 Answer | Asked in Products Liability and Patents (Intellectual Property) for Minnesota on
Q: I have an idea for an invention and I've talked to companies about it I do not have a patent but I don't want it stolen

I can't afford a lawyer was looking for a one pro bono seems to be none in St Paul Minneapolis area how do I do this myself or can I

Erik Špila
Erik Špila
answered on Aug 22, 2022

Dear Mrs or Mr,

if you want to be more sure that your invention will not be stolen, there is an option to sign non-disclosure agreement with your business partner/company you are talking to about your idea. Always inform such company that you insist on signing this before you talk about...
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1 Answer | Asked in Patents (Intellectual Property) for Minnesota on
Q: I have an invention and I've researched it and there's no one in the world and I need a patent but cannot afford one who

I need help with a invention and companies are calling me and but I don't know what to do as far as them not stealing my idea

Kevin E. Flynn
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Kevin E. Flynn
answered on Aug 19, 2022

This might help. The USPTO has a network of providers that provide pro bono assistance to inventors that cannot afford patent attorneys.

https://www.uspto.gov/patents/basics/using-legal-services/pro-bono/patent-pro-bono-program

There are also legal clinics at some law schools...
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3 Answers | Asked in Patents (Intellectual Property) and Products Liability for Minnesota on
Q: Patent 7803360 protects a product that is degradable underwater.

Does this mean that no one is never allowed to make a bio degradeble lure other than this company? If one would be able to create something, they wouldn't be able to sell it? Not quite sure I understand how this patent works. Or is the patent designed to protect their formula, meaning if one... View More

Carl Massey Jr
Carl Massey Jr
answered on Dec 8, 2021

To understand what exclusive right is possessed by the patent owner, it is necessary to read the claims of the patent. The patent only provides the exclusive right to practice what is specified in the claims. Claims 1, 21, and 22 in this patent are independent claims. Unless a possible infringer... View More

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1 Answer | Asked in Patents (Intellectual Property) for Minnesota on
Q: I paid $8k to get a book produced for an invention. I gave it to someone 8 yrs ago and it was never returned. Can I sue?

I have asked for the book over the years and I never got a response. It's quite possible that someone else came up with the same idea and patented it. How do I pursue filing a lawsuit?

Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 14, 2020

The first stage of this problem is not a patent question. Seems that at the core, that you had a contract with someone to do something for you. You said that you paid and provided material for them to use on the project and they did not perform. You should start with contact with an attorney... View More

1 Answer | Asked in Patents (Intellectual Property) for Minnesota on
Q: Do the claims under this patent appear to be too abstract to justify validity?

I'm trying to determine if a new invention will pose risk for infringement. The claims under this patent seem very abstract in nature, thus preventing anyone from designing an application that retrieves general fishing related-data from users, processing it and then providing results based on... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 4, 2020

You really need to contact a patent attorney to help you. The patent attorney should be able to tell you whether your company's product (or service) infringes of that patent or not.

If it looks like that your product infringes on the patent, then you have several options. You could...
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1 Answer | Asked in Patents (Intellectual Property) for Minnesota on
Q: I believe my patent is being infringe upon.US Patent #: 7631814 Is my patent still active

I believe my patent is being infringe upon.US Patent #: 7631814 Is my patent still active

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 12, 2020

US Patent No. 7631814 for Portable Sports Equipment Scent Dispersion Apparatus is listed in Google Patents as expired for failure to pay a maintenance fee. If you are the patent owner and the failure to pay the maintenance fee was unintentional, this can be fixed.

Ideally, a patent...
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1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Minnesota on
Q: Are there copyright/trademark restrictions that prevent me from selling merchandise with pictures of people's cars?

The pictures would be taken by customers of their own cars and would likely have the vehicle logo visible, and below the picture there would perhaps be a name for the vehicle they choose or a phrase of their picking...

Thank You!

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 30, 2019

Be careful on this

if it is on request of the owner of the car, and it is limited, you may be ok

you should definitely consult with an attorney before jumping in

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for Minnesota on
Q: had an invention that was seen on the internet recently...took a while but finally saw the invention or one similar...

need to know what can be done to help me on this situation...

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

This happens, unfortunately, all the time.

If you have a patent on your invention, then go see a patent litigator to give you options on how to get some sort of licensing agreement of your patent in place, or to file a suit.

Good luck!

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Minnesota on
Q: Would a US Patent only cover my rights in the US or could I use a patent cooperation treaty with a US patent to further

Protect my rights.

Ahaji Kirk Amos
Ahaji Kirk Amos
answered on Jul 22, 2019

A US patent is valid only in the US. You can use a PCT application, if you are still within the time limits, to file in other PCT countries. That requires a new application.

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Q: Does this form of business protect my right internationally, to say I patent articles under the name of the corporation
Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 8, 2019

We do not have an option for an international patent. (Yes, I know many people write that they have an international patent, but they are wrong). We have a type of patent application that is the front end for many patent system. This is called a Patent Cooperation Treaty Application (PCT... View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Minnesota on
Q: I am interested in pitching a recovery technique/business model to a large fitness conglomerate. Do I need patent?

I am concerned my intellectual idea may be stolen and replicated as this corporation is needed to provided initial capital to develop the business idea which may then be able to be self-sufficient if the idea is successful.

Lucas Wynne
Lucas Wynne
answered on Aug 7, 2016

I am not a patent attorney, but you cannot patent an idea - it has to be an actual invention/product. With that being said, you can retain an attorney to draft a contract that would offer you some protection in the event your idea was stolen.

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