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Patents (Intellectual Property) Questions & Answers
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.
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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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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: How do I check if the product has patent such as electric kettle sold by two different companies?
James L. Arrasmith
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answered on Nov 26, 2023

To check if a product like an electric kettle is patented, especially when it's sold by two different companies, you can follow these steps:

Patent Number Search: If the product packaging or documentation mentions a patent number, you can use this to check the patent status. Patent...
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2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: To whom it may concern : Can I resubmit my “ rejected “ patent of 10 yrs ago ? Thank you.

Medical device

. Battery operated

/ usb

.

James L. Arrasmith
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answered on Nov 26, 2023

If you're considering resubmitting a patent application that was rejected 10 years ago, there are several factors to take into account. First, it's important to understand why the original application was rejected. This could be due to a variety of reasons, such as issues with novelty,... View More

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2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: To whom it may concern : Can I resubmit my “ rejected “ patent of 10 yrs ago ? Thank you.

Medical device

. Battery operated

/ usb

.

Peter D. Mlynek
Peter D. Mlynek
answered on Nov 25, 2023

NO. You cannot resubmit your patent application if it has been dead for 10 years.

(Think about it. How would it be fair if you apply for a patent, the Patent Office rejects it, the file is closed, other companies in the industry see your published patent application knowing that the...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Florida on
Q: Hello.I have a question regarding the registration of the patent holder.

I would like to ask what I can do when my former partner in the company stole the software and registered a patent only for himself? The software belongs to a Slovak company in which he was a partner, but the court canceled his partnership. Is it possible to challenge this patent or file a request... View More

James L. Arrasmith
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answered on Nov 21, 2023

If your former partner registered a patent on software that was developed within your Slovak company and without including you or the company as co-owners, you have several options to consider. The first step would be to gather all evidence that demonstrates your contribution and the company's... View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: I got an email stating my LLC has been sued for patent infringement from an Illinois lawyer.

Two questions:

- How do I determine legitimacy ? I have since discovered that there is a patent in place that I didn’t know of.

- what do I do to settle? I don’t want to continue to sell a patented product. I wouldn’t have sold it if I would have known .

Adam W. Bell
Adam W. Bell
answered on Nov 20, 2023

This sounds like a typical predatory patent troll activity. It's disgusting and you should not assume it's legitimate. There people have no scruples. As a patent attorney it makes my stomach turn to hear these sort of stories.

Let's get a PATENT lawyer involved here.... one...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: I got an email stating my LLC has been sued for patent infringement from an Illinois lawyer.

Two questions:

- How do I determine legitimacy ? I have since discovered that there is a patent in place that I didn’t know of.

- what do I do to settle? I don’t want to continue to sell a patented product. I wouldn’t have sold it if I would have known .

Kevin E. Flynn
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Kevin E. Flynn
answered on Nov 20, 2023

You need to have a patent attorney look at your product and the claims of the patent. For your product to infringe, there needs to be at least one independent claim where every limitation in at least one independent claim (every noun, verb, relationship, etc.) is present in your product.... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Georgia on
Q: how do i find out if an idea is patented already
James L. Arrasmith
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answered on Nov 8, 2023

To find out if an idea is already patented, you should perform a patent search. This can be done using the United States Patent and Trademark Office (USPTO) online database.

When searching, use a variety of keywords related to your idea to ensure a comprehensive search. It's important...
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3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for North Carolina on
Q: How do I know if the kayak I am purchasing from another country is not patented here in the USA?
Randall Bateman
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Randall Bateman
answered on Nov 6, 2023

If you are buying items on Alibaba or other similar cites and intend on reselling them, it is very important to do a patent search to try and determine if the product is patented. If it looks very similar to another product, you should see if the product indicates that it has a patent or patent... View More

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3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for North Carolina on
Q: How do I know if the kayak I am purchasing from another country is not patented here in the USA?
James L. Arrasmith
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answered on Nov 8, 2023

To determine if the kayak you plan to purchase from another country is patented in the USA, you should conduct a patent search. You can start by searching the United States Patent and Trademark Office (USPTO) database. Look for patents on the design or utility of the kayak by using relevant... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for California on
Q: Please help (pro bono) with divisional patent office action. The response must simply explain an aperture vs a trench.

We simply need help from a pro bono patent attorney or patent agent, to represent us and respond to our patent office action, clarifying the term aperture in our utility patent application.

James L. Arrasmith
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answered on Nov 5, 2023

In your response to the patent office action, you would need to distinguish the terms "aperture" and "trench" clearly. An "aperture" generally refers to an opening or hole, typically one that allows the passage of light or matter, and it can be of any shape. It is... View More

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