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Patents (Intellectual Property) Questions & Answers
4 Answers | Asked in Energy, Oil and Gas, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: My late husband have 52 utility patents, I see another widow whose husband passed away, her name is always next to his.

It's like my late husband employer does not want my name anywhere, his late relative name is even everywhere, I have paper showing I am legal Representative but employer will not put my name next to my husband, my husband was lead inventor, I just wonder does being recognized as legal... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Dec 28, 2023

I am sorry to read about your loss.

If your late husband was employed, almost certainly the patents that he was an inventor on were owned by the employer and not by your husband. If so, then he did not have any rights to the patents. The employer can do with the patents and patent...
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4 Answers | Asked in Energy, Oil and Gas, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: My late husband have 52 utility patents, I see another widow whose husband passed away, her name is always next to his.

It's like my late husband employer does not want my name anywhere, his late relative name is even everywhere, I have paper showing I am legal Representative but employer will not put my name next to my husband, my husband was lead inventor, I just wonder does being recognized as legal... View More

James L. Arrasmith
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answered on Dec 23, 2023

As the legal representative of your late husband, you have certain rights regarding his intellectual property, including his utility patents. However, the naming of inventors and representatives on patents is a matter of legal record and protocol, not personal recognition or tribute.

Your...
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4 Answers | Asked in Energy, Oil and Gas, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: My late husband have 52 utility patents, I see another widow whose husband passed away, her name is always next to his.

It's like my late husband employer does not want my name anywhere, his late relative name is even everywhere, I have paper showing I am legal Representative but employer will not put my name next to my husband, my husband was lead inventor, I just wonder does being recognized as legal... View More

John Michael Frick
John Michael Frick
answered on Dec 22, 2023

When a patent owner dies, his rights pass to his heirs. If you are his sole heir and the legal representative of his estate appointed by the probate court, you need to contact the US Patent Office and have the patents transferred into your name. As the legal representative of his estate, that is... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: Hi, Can an Inventor be added to a patent that is already approved?

because the person who filed the patent forgot to add an inventor.

David Aldrich
David Aldrich
answered on Dec 22, 2023

Yes. Once a patent is issued, a missing inventor can (and should) be added via a certificate of correction. Please note that inventorship is based on the particular claims in that patent (not what is described in the specification), so care should be taken to analyze whether the individual in... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: Hi, Can an Inventor be added to a patent that is already approved?

because the person who filed the patent forgot to add an inventor.

James L. Arrasmith
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answered on Dec 25, 2023

In the United States, it's possible to add an inventor to a patent that has already been granted, but the process can be intricate and requires specific legal steps. This situation often arises if an inventor was inadvertently omitted from the patent application.

To correct this, you...
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2 Answers | Asked in Copyright, Trademark, Intellectual Property and Patents (Intellectual Property) on
Q: I am in touch with the inventor. He wants me to monetize his invention. If someone is manufacturing can he get paid.

Is there a statute of limitations to get paid for use of patent without a license to manufacture?

James L. Arrasmith
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answered on Dec 21, 2023

In the United States, if an inventor holds a valid patent and someone is manufacturing and selling the patented invention without permission, the inventor has the right to seek compensation. This process typically involves enforcing the patent rights against unauthorized use, which can include... View More

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2 Answers | Asked in Copyright, Trademark, Intellectual Property and Patents (Intellectual Property) on
Q: I am in touch with the inventor. He wants me to monetize his invention. If someone is manufacturing can he get paid.

Is there a statute of limitations to get paid for use of patent without a license to manufacture?

T. Augustus Claus
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answered on Dec 21, 2023

If you're working with an inventor to monetize their invention, it's crucial to address patent protection and licensing. The inventor holds the right to control the use, manufacture, and sale of their invention through the patent. If someone is manufacturing the invention without a... View More

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: I need help confirming the legitimacy of a patent infringement case. Potentially legal advice too would be appreciated.

I regretfully tried Amazon FBA. I got an email stating my LLC as well as over 1000 listed defendants were being sued for patent infringement for the product I was attempting to sell with a complaint, alias summons, sealed TRO, and minutes attached.

I’ve confirmed the legitimacy of the... View More

James L. Arrasmith
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answered on Dec 20, 2023

In a situation like this, where the legitimacy of a patent infringement case is in question, it’s important to proceed with caution. The fact that the case number matches a filing in the Northern District of Illinois is a sign of legitimacy, but the discrepancies in the lawyer's address and... View More

Q: Can I sell a gps tracker that looks similar to the apple air tag as long as im not marketing or branding as apple airtag

I found a supplier that makes gps trackers but they look similar to the apple airtag and cannot find any information that will tell me if design is patented or not.

James L. Arrasmith
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answered on Dec 19, 2023

When considering selling a GPS tracker similar in design to Apple's AirTag, it's crucial to be aware of intellectual property laws, particularly design patents. Apple may have design patents protecting the unique appearance of their AirTag, which means replicating this design could... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for New Jersey on
Q: What happens when a company owns a patent of product but goes bankruptcy, that patent will be remain active or dead?
James L. Arrasmith
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answered on Dec 14, 2023

When a company that owns a patent goes bankrupt, the fate of the patent depends on the bankruptcy proceedings and the decisions made by the bankruptcy court. The patent itself doesn't automatically become inactive or "dead" due to the bankruptcy.

In a bankruptcy case, the...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: What kinda of patent is best for a company as big and worldwide as bayer

I'm doing a paper about patents and i would like to know what kinda of patents did Bayer has in relation to is products

James L. Arrasmith
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answered on Dec 12, 2023

For a global company like Bayer, which operates in diverse sectors including pharmaceuticals, consumer health, crop science, and animal health, a combination of different types of patents is typically utilized. These include utility patents, which protect new inventions or functional improvements... View More

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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: Is this an infringement on my patent? Mashcaps
James L. Arrasmith
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answered on Dec 12, 2023

To determine if there is an infringement on your patent "Mashcaps," a detailed comparison between the specifics of your patent and the product or method in question is necessary. Patents are legal documents that protect unique inventions or processes, and infringement occurs when another... View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: I wanted to find out about patent that my late grandfather had with another person.
James L. Arrasmith
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answered on Dec 11, 2023

To find information about a patent that your late grandfather had, you can start by searching the United States Patent and Trademark Office (USPTO) database. This database includes all patents filed and granted in the United States and can be accessed online. You will need details such as your... View More

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Suma has a patent for fish feed formulation and now she realizes the addition of 10% by weight of coconut oil into the

formulation extends disintegration time for fish pellets in water and this is well known in the art.Kindly advice how she can protect this improvement.

Peter D. Mlynek
Peter D. Mlynek
answered on Dec 17, 2023

This is a type of a very common question. It is tough to get a patent on this improvement if Suma is just adding a known ingredent to a known composition and it acts in a known manner. It will certainly be rejected by the Examiner as obvious under KSR rationale (A).

Here is how I...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Suma has a patent for fish feed formulation and now she realizes the addition of 10% by weight of coconut oil into the

formulation extends disintegration time for fish pellets in water and this is well known in the art.Kindly advice how she can protect this improvement.

James L. Arrasmith
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answered on Dec 9, 2023

Suma can protect her improvement in fish feed formulation by filing a patent application. Since the addition of coconut oil is a novel improvement over the existing formulation, it may meet the criteria for patentability, particularly if it provides a new and non-obvious benefit, like extended... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: Hi, I have few journals with novel ideas. How can I get patent for those ideas?
James L. Arrasmith
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answered on Dec 8, 2023

To obtain a patent for your novel ideas, you must first ensure that your ideas are patentable. In general, they should be new, non-obvious, and useful. You should conduct a thorough search to verify that your idea hasn't been patented or disclosed previously.

Once you've...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: Hi, I have few journals with novel ideas. How can I get patent for those ideas?
Peter D. Mlynek
Peter D. Mlynek
answered on Dec 18, 2023

You can get a patent easy. Make an invention based on your ideas, talk to a patent attorney, pay him lots of money, and he'll get your patent.

But, you should understand what a patent is. It is a business tool. It is a way of making money. It is similar to buying a tractor, or a...
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Q: What is the best way to protect my IP without paying to file a patent?
James L. Arrasmith
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answered on Dec 4, 2023

To protect your intellectual property (IP) without filing a patent, you can start by maintaining detailed records of your creation process. This includes dated sketches, notes, and any development documents. These records can serve as evidence of your authorship and the timeline of your invention.... View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Personally creating a non-disclosure agreement

I want to create a space company but focusing on a revolutionary cheaper alternative to rockets here in Germany.I am still on the idea stage and have personally made the company's website to attract investors.My idea focuses on a revolutionary system called "SpinDrive" that has the... View More

James L. Arrasmith
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answered on Dec 8, 2023

Creating a non-disclosure agreement (NDA) yourself is a viable initial step to protect your idea, especially when discussing it with potential investors. An NDA is a legal document that binds the parties to confidentiality, ensuring your concept remains protected. However, it's crucial that... View More

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: To patent a bacterium, does the organism have to be successfully tested as the proposed product, such as a probiotic ?

Does this apply to US, EU, Australian and other regions' patents?

James L. Arrasmith
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answered on Nov 28, 2023

No, successfully testing a bacterium as the proposed commercial product is generally not required to patent that organism in the US, EU, Australia, or other major patent jurisdictions. However, there are a few key requirements:

• The bacterium must be novel, non-obvious, useful, and fully...
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