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Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: If a person falsely claims a product is patented when it is not, is this a crime?

The person in question is advertising and raising money by claiming his invention is Patented when it is not Patented.

Here is the info I have been able to ascertain thus far.. none of it is verifiable via patent search via USPTO for some reason...

Promoting a product as patented... Read more »

Bill Hulsey
Bill Hulsey answered on May 17, 2020

Stating something is patented when such is not true would be fraud

1 Answer | Asked in Patents (Intellectual Property) for Ohio on
Q: We had contacted a company in Boulder, Colorado to search potential patents as we have an invention idea (COVID-19).

They took two weeks and gave us the patent search results. They now want to give us some proposals for work with their company that they say includes possible design engineering, patent application, legal work with an attorney, marketing, etc.

We want to make sure this company and process... Read more »

Carl Massey Jr
Carl Massey Jr answered on May 15, 2020

The phrase in your question " they say includes possible design engineering, patent application, legal work with an attorney, marketing, etc" concerns me. It sounds like a "package" of services most often offered by "invention submission" companies. Some may be... Read more »

1 Answer | Asked in Copyright and Patents (Intellectual Property) on
Q: Does this mean that patent is not active in Europe?

They have several patents, as I understand. In their web-page it is said that it is also in Europe, but I can not find a patent for Europe. I would like to start a small business in Latvia, with a product similar to that.

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

Typically, a patent in most European countries is obtained one of two approaches: under one approach, the applicant applies to the country's patent office which then examines that the application complies with the country's patent laws. Under another approach, the applicant applies for a... Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: If a patent is filed in 2015,Published in 2017, how do i see if the patent is still active ? it only shows application

I am looking over an idea i have and see there is a patent similar to mine but it is showing Only an application number. The application number is dated from 2017.How do i know if i can go ahead and file my idea for patent without it encroaching on the current application number? Is there a time... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on May 14, 2020

To see if a patent has been granted on a published application that you know of, there are two common ways of checking: (1) you can search the patent database for that patent application, by the publication number, patent application number, inventor names, etc.; or (2) you can look at the... Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: If a patent is filed in 2015,Published in 2017, how do i see if the patent is still active ? it only shows application

I am looking over an idea i have and see there is a patent similar to mine but it is showing Only an application number. The application number is dated from 2017.How do i know if i can go ahead and file my idea for patent without it encroaching on the current application number? Is there a time... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on May 14, 2020

To see if a patent has been granted on a published application that you know of, there are two common ways of checking: (1) you can search the patent database for that patent application, by the publication number, patent application number, inventor names, etc.; or (2) you can look at the... Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: Can DJI Inspire 2 Drone be modified to carry more load without the asking for permission or it is patented.
Bill Hulsey
Bill Hulsey answered on May 13, 2020

Great question. Very timely! Complex question, but solvable. Let me know if you desire to discuss.

1 Answer | Asked in Patents (Intellectual Property) for Mississippi on
Q: how to patent ammunition?

I wanted to know how to patent a method and design for shotgun ammunition.

Bill Hulsey
Bill Hulsey answered on May 12, 2020

Yes. I have done this on several occasions. We can discuss this process at your convenience.

2 Answers | Asked in Patents (Intellectual Property) for West Virginia on
Q: Can a person make a canvas bag with two loops for handles and not infringe on the patent

Plain canvas material with two nylon handles

Bill Hulsey
Bill Hulsey answered on May 10, 2020

Not a clear question. Please restate.

Thanks so much

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1 Answer | Asked in Patents (Intellectual Property) for Virginia on
Q: Once my PPA is accepted, does that mean my patent will be granted?
Kevin E. Flynn
Kevin E. Flynn answered on May 9, 2020

No.

The acceptance of a provisional patent application is a clerical matter. They just make sure that you submitted something and paid the fee. It is hard to not get a filing receipt for a provisional patent application.

To get a non-provisional patent application granted takes...
Read more »

2 Answers | Asked in Patents (Intellectual Property) for Virginia on
Q: Does my provisional patent application count as a patent?
Kevin E. Flynn
Kevin E. Flynn answered on May 9, 2020

It counts with respect to being able to say that you are patent pending. (at least for the year that it is pending)

It counts in that you can sell the product or otherwise publicly reveal the idea without losing absolute novelty that is needed in some patent systems. (at least for the...
Read more »

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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: Are government employees allowed to own patents that were invented while working for the taxpayers??
Bill Hulsey
Bill Hulsey answered on May 7, 2020

Usually not. But, the analysis is often more complex than a simple, "Yes" or "No" answer. There are numerous factors to consider.

1 Answer | Asked in Patents (Intellectual Property) on
Q: I think my Patented & Registered Design Pet collar product has been infringed, copied, manufactured & sold by Midali

My collars have been copied & sold on Amazon & Ebay & bought from Midali Pet Supplies

Darrin A. Auito
Darrin A. Auito answered on May 6, 2020

Sorry to hear. Lots to discuss. You'll need to consult with an intellectual property litigation attorney.

1 Answer | Asked in Patents (Intellectual Property) on
Q: How can I tell if a patent no. 6063860 is still in force
Kevin E. Flynn
Kevin E. Flynn answered on May 6, 2020

The process to discern patent term has a number of pieces to it. However, here it is easy as the PCT application was filed October 4, 1996 and the twenty year term ended October 4, 2016. There is no indication of Patent Term Adjustment to add days to the end of the patent.

Just because...
Read more »

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.

Q: I have a product i want to make my own and start production and sales and i wanna know all my options

There can also be other variantions of it made and i want that too all different sizes and shapes but it the same product

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

Congratulations on your new venture. I hope that it will be profitable for you.

And also congratulations about worrying about patents now, before you start the production and sales. Too many people ignore patents, spend lots of money on designs, tooling up, and manufacturing their...
Read more »

2 Answers | Asked in Patents (Intellectual Property) for Ohio on
Q: Can I make a patent on putting stevia in chocolate
Peter D. Mlynek
Peter D. Mlynek answered on May 4, 2020

Yes, this is the type of an invention that you could get a patent on.

The problem is that it is not easy to get a patent on new compositions made from known ingredients. The reason for not being able to get a patent is usually because someone has already made that composition, or because...
Read more »

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Q: Hello, I would like to patent a generic upgrade to US. Patent 5,552,065. I use a similar housing and not the filter.

My design incorporates a regulator, pump and generic canister filters that can be purchased at any autoparts store.

Bill Hulsey
Bill Hulsey answered on May 3, 2020

Based on the patent number, the patent may have expired.

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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.

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