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New York Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: I want to create bioluminescent Oranda goldfish with jellyfish extract. Will I breach any of these parents?
Robyn T. Williams
Robyn T. Williams answered on Feb 10, 2020

Whether you infringe a pre-existing patent(s) with your product/method can likely be greater informed by completing a prior art search.

If you do not have a product and want to file a patent application based on your invention, a prior art search should still be completed.

If you...
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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: I would like to make a handmade cat toy to sell. And I would like to know my design is not against other patent.

It is handmade cat toy wand with wire and some attractive toy at the end.

Thank you in advance,

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

That is a tough question. You can hire an attorney to give you a good answer, but it will cost you much more money than you could ever make on the toy.

Here is a safer bet: if there is toy that has been around for the past 20 years or longer, then you should be safe from patent...
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1 Answer | Asked in Copyright and Patents (Intellectual Property) for New York on
Q: Let’s say I have a design in mind for a beauty product to be sold in , does it make sense to get a design patent?

I want to know if I can prevent other vendors or manufacturers from replicating my idea .

Peter D. Mlynek
Peter D. Mlynek answered on Jan 30, 2020

I assume that you have designed some sort of a bottle or a container for holding nail polish, hair gel, mascara, body lotion, etc.

You have several options.

First, you should trademark the name of your product, and possibly the logo.

Second, you may want to get a design...
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1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for New York on
Q: Hello, I would like to know if its possible to claim a inanimate object such as air?

Even though you can't physically see air, it is composed of several components that it's created from such as nitrogen and oxygen.

Steven Fairchild
Steven Fairchild answered on Jan 22, 2020

You cannot claim something natural. It has to be manmade.

You can claim a machine or device that uses air. For instance, a hot air balloon.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Hi, can I check who has purchased a patent from an inventor?

I am dealing with an unscrupulous inventor who tries to sell his software patent. He tries to sell it with development done by a 3rd party. That 3rd party has already confirmed to me they are not interested in working on it, because the inventor is ineligible. Also, I was hired by the inventor to... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Nov 12, 2019

Once the patent issues or a patent application is published, then you should be able to see details in the assignment database at https://assignment.uspto.gov/patent/index.html#/patent/search . You will also be able to see the relevant information in Public PAIR once you know the application... Read more »

2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: Is this an actual patent or just an application/publication?
Peter D. Mlynek
Peter D. Mlynek answered on Jul 28, 2019

Is what an actual patent or just an application?

You may want to resubmit this question wither with a link or a document number.

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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: If a patent attorney/agent accepts an inventor as a client, and the inventor then discloses his idea, and then further

....furthermore, while said idea has not been disclosed in public form, it turns out that the attorney/agent has accepted another client with the same inventive idea in process of being applied for - what is the attorneys legal obligation to 2nd client? Tell him that his idea has been "preceeded"?... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jul 18, 2019

Ideally, the process would not get that far. The attorney should ask each prospective client to say without disclosing anything proprietary what type of good or service have you improved? When the attorney learned that the second inventor was in the same space as the first client (possibly with... Read more »

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: HI. an item what its a public design can be patent if im just making it glow in the dark?

let say if im taking a frame for glasses what it is a public design and im making it glow in the dark can i put a patent?

Peter D. Mlynek
Peter D. Mlynek answered on Jun 21, 2019

Sorry, but no. You will likely not be able to patent glow in the dark glasses, just by taking glasses and putting a glow in the dark paint on them. Putting a glow in the dark tape or paint on things to make those things glow in the dark pretty obvious; that is the whole point of having glow in... Read more »

2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: Accidentally similar composition to this tablecloth patent, but different category, is this okay?

I am in the process of making washable coloring poster, accidentally similar composition to this tablecloth patent. I am using 100% polyester fabric (instead of a blend like this tablecloth), and the same Polyurethane backing - will this violate the patent?

Purpose is very similar, but... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jun 17, 2019

Your question did not include the patent number.

But here are some basic pointers.

1) Make sure that the patent of potential interest is still in force. It may have expired at the end of its full term. It may have lapsed early for failure to pay a maintenance fee.

2) Look...
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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: who was the first person taking patent on the headphones
Kevin E. Flynn
Kevin E. Flynn answered on Jun 3, 2019

As a person with curiosity, you should develop your skills using the free patent search tools. Some useful tips are in my slide set on patent searching that I provide to entrepreneurs. http://bit.ly/Patent_Searching. I hope this helps.

Kevin E Flynn

2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: I'm in the early stages of developing a board game and have a prototype done that I am ready to playtest.

I plan on bringing it to GenCon in August, but I am concerned someone may use my mechanics and concept for their game. I'm also not sure whether to patent the game, copyright, trademark or start a DBA. What would be the next step?

Peter D. Mlynek
Peter D. Mlynek answered on May 19, 2019

Boardgames have traditionally been protected by copyrights and by trademarks.

This is good news for you, because it looks like the protection is going to be relatively cheap.

Good luck in Indianapolis!

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2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: How can I sale a patented product ?

Hello , I have recently made incursions towards making a brand out of a specific product and discovered that is patent protected . Us 8,246,496 ; 8,579,737 these are the patents , now my question is , how can I sell them . Is it enough if I modify something in the product or do I need approval fron... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on May 4, 2019

You are going to have to hire an attorney to help you with this. Especially if you received a cease and desist letter.

You should also note that there are 4 other patents in this family (specifically, 9,162,127; 9,463,367; 9,480,894; and 9,999,816) that might be relevant to you....
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2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: We are creating a product with an overseas manufacturer, how do we protect ourselves/ idea with this manufacturer.

Can you ask a manufacturer (fabric Mill or factory) to sign an NDA if they are developing a product for you that you brought to them to develop?

Kevin E. Flynn
Kevin E. Flynn answered on Apr 26, 2019

You can ask them to sign agreements. The agreement should be written by a law firm that frequently does this sort of work. A agreement that you write based on something that you found on the internet is not really a good answer.

Depending on the country where they manufacturer is located,...
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4 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Banking for New York on
Q: I have an idea for a Credit Card product that will solve a number of problems for Banks & Card Issuers. Can I patent it?

I cannot 'deploy' the invention, of course, since I cannot issue credit cards. The idea is specific to how card fees are charged. How can I protect it.

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Mar 21, 2019

I can't tell you that you can patent your invention. You can patent an invention that is patentable subject matter. It must be new, non-obvious and you must be the first to apply for a patent on the invention. You don't need a prototype so long as the invention is fully developed/designed.

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2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: if i am making dress shirts for people with parkinsons and other challenges, are all shirts covered by this patent of ma

covered by this patent of magna ready.

my shirts will have a hidden magnet on either side of the placket so that it clicks and closes the shirt from the front

Kevin E. Flynn
Kevin E. Flynn answered on Feb 6, 2019

Your question as passed on to lawyers was garbled. So I am guessing at what you asked.

It is hard to believe that there is a non-expired patent that covers using a magnet to close portions of a shirt. The good news is that I am not aware of any synonyms to the word "magnet" or...
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2 Answers | Asked in Copyright and Patents (Intellectual Property) for New York on
Q: Hello, how much would cost me to file anti cancer drug ?

we have anti cancer drug. we would like to file ?how much would it cost including hiring lawer ?

Peter D. Mlynek
Peter D. Mlynek answered on Feb 5, 2019

To file a patent in the US will cost you $730, regardless of what the subject matter is.

How much will it cost you to get patent protection for an anti-cancer drug is a totally different question. As you know, cancer is the number 2 killer of people in most of the world, and will be #1...
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1 Answer | Asked in Copyright and Patents (Intellectual Property) for New York on
Q: Looking for a pro bono lawyer to assist me with patent questions regarding an algorithm and technology we are building.
Peter D. Mlynek
Peter D. Mlynek answered on Jan 22, 2019

I am sorry, but you are going to have a tough time finding someone good to do pro bono work in patent law. Unless you are a church, a non-profit group, or some charitable organization, pro bono patent work is pretty much non-existent. The reason is that unlike in criminal law, patents are a... Read more »

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: do safety first stove knob covers have a patent? Thanks
Kevin E. Flynn
Kevin E. Flynn answered on Jan 18, 2019

Here are some tips on doing your own patent searching. http://bit.ly/Patent_Searching You may want to augment this effort with hiring a patent attorney to do some additional checking.

I hope that this helps.

Kevin E Flynn

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: what is the form to file a private property patent claim on my land?

I have the warranty deed and title. I want to claim it private. There is no mortgage and the title is clean. How do I claim it private? where is the acceptance of deed to file a patent claim form?

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

I am sorry, your question was sent out to people that seek patents for inventors. You need to submit this question under the category of real property.

I hope this helps.

Kevin E Flynn

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: I want to patent a product. Do I have to make sure every single part of the product is not yet patented?

Or can I focus my patent research for my product as ONE object only (with its function)? For example, a water bottle with temperature sensor. Do I have to make sure that there is no patented temperature sensor for any other usage and not only for related to my product? I am a bit confused. Please... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Dec 25, 2018

This is a common question.

No, you do not have to make sure that every single part of the product is not yet patented. Almost all patented products have parts that are already known. So, in your example, for a water bottle with a temperature sensor, it is OK to take a commercially...
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