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Washington Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for Washington on
Q: How do I protect my invention /concept from being stolen when I am looking for investors.

I know thats what patents are for but I dont even have the funds for that.

Peter D. Mlynek
Peter D. Mlynek answered on Apr 22, 2020

This is a very common question. Unfortunately, there is no good answer to it.

You really need to come up with the money to have a patent attorney prepare and file a patent application.

1 Answer | Asked in Patents (Intellectual Property) for Washington on
Q: My patent attorney submitted wrong application to USPTO! Is this a malpractice case? Can I at least ask for a refund?

In 2016, I hired a patent attorney in 2016 to file, prosecure my invention. It was a tedious process; after repeated meetings, he prepared the first draft of the application. Thru a back-and-forth process, I revised his first application draft more than half a dozen time. Now, it turns out that... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Dec 20, 2019

Wow, what a nightmare. I am so sorry that this type of thing happened to you.

Your first patent attorney sounds like he did not know what he was doing. Typically, one or two meetings are more than sufficient; generally, there is little reason for an in-person meeting anyway. Although...
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2 Answers | Asked in Patents (Intellectual Property) for Washington on
Q: Tracking patent application after changing jobs

Hi,

My employer had filed a patent in 2017, where I was one of the two inventors. I understand the ownership of IP is with company, but I want to find out how do i even track the patent application status. The application was filed in 2017 and I believe it would have been through private... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on May 31, 2019

It should have been published by now. Patent applications are generally published 18 months after submission of the application, but in some cases, the applicant can ask that the application not be published.

Because sometimes Google patents and other services are months behind, you need...
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1 Answer | Asked in Patents (Intellectual Property) for Washington on
Q: For family history I want to verify my father Roy K Runyon had a patent in the 1930's for an oil bath air cleaner AUTOS

The company original company was C.R.C. Air Cleaners, in Spokane Washington, where the first ones were produced for automobiles. There was another company that produced the first ones. Inventor was Roy Kendall Runyon, my father. First produced in Spokane Washington, 1930's. My father later... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on May 22, 2019

Take a look at https://patents.google.com/patent/US1788410A/en?oq=US1788410A

There may be other patents in this family but this should get you started. It is hard searching back that far as many of the tools focus on just the last few decades.

I hope this helps.

Kevin E Flynn

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Washington on
Q: Do you know anything about these pattends ? Where are the loop holes or?

Im looking to start my own company in trip hazard removal but it seems they have pattebded alot of things on it what exactly are there pattends for and what do they mean in other words what do i follow so i dont use any of there pattends

Peter D. Mlynek
Peter D. Mlynek answered on May 11, 2019

There are no easy answers to your question. You need to hire a patent attorney to guide you through this.

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Washington on
Q: Are provisional patents for design?

Competitor claims they have a provisional patent for all but color change of an (my) existing product. I thought provisional patents were for utility only. Could they be lying? How do I find out?

Kevin E. Flynn
Kevin E. Flynn answered on Apr 26, 2018

A provisional patent application is for a utility patent but one can file a design patent application as a continuation of a utility patent application so there is some small chance that they could end up with a design patent from an initial provisional patent application.

Generally a...
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Washington on
Q: I’m trying to determine if this patent is what I’m looking to create - https://patents.justia.com/patent/8656283

I’m looking to create a mobile program that allows kids to create their own stories by supplying them with art assets and allowing them to write in text. If this patent is that exact thing, is there a way around creating that or am I completely blocked on making this program? When does the patent... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Nov 7, 2017

Thanks for caring enough about doing the right thing to ask a question. The technical term for what you are asking is called freedom to operate (FTO) or sometimes "clearance". You are asking whether there are concrete legal rights that exist that would impinge on your freedom to operate... Read more »

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Q: Would a current Land Patent from 1865, supersede the 1969 Clark, WA, code regulation regarding land use in a flood way ?

I have 2.5 acre along the Lewis River, I have mineral rights and an updated Land Patent from the Oregon Land Grant act.

A structure was built in 1968, one year before Clark County WA code development existed. The structure was removed in October 1997, because of a flood caused by the 3 dams... Read more »

Walker Weitzel
Walker Weitzel answered on Apr 25, 2017

A land patent is the highest proof of title over land. It is extremely authoritative. With that said, the laws of the jurisdiction will dictate your ability to use and develop the property. Ownership is only a piece of the puzzle. Your rights to improve the property are still subject to Oregon law.

1 Answer | Asked in Patents (Intellectual Property) for Washington on
Q: How do I tell if my competitor has a patent and what that patent entails?

I am looking to find if company "quikshow.com" Has a patent on the idea, and if so, what the patent entails so that I can maybe play around and see what possibilities I may have for this business.

Peter D. Mlynek
Peter D. Mlynek answered on Mar 11, 2017

How do you tell? It is not easy to do so without hiring a professional to do it, but here are some steps that you can take yourself.

(1) Products need to have some sort of patent markings to give notice to potential infringers. With software, take a look at their website, at the shrink...
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1 Answer | Asked in Copyright and Patents (Intellectual Property) for Washington on
Q: Who can I email for patent paperwork to read about them and an application?
Will Blackton
Will Blackton answered on Feb 8, 2017

If you're looking for general information about patents, the U.S. Patent Office has a good overview here: https://www.uspto.gov/patents-getting-started/general-information-concerning-patents

1 Answer | Asked in Patents (Intellectual Property) for Washington on
Q: Who can mail me patent paperwork and an application? Thank you.
Peter D. Mlynek
Peter D. Mlynek answered on Feb 6, 2017

Patent forms can be found here: https://www.uspto.gov/patent/forms/forms-patent-applications-filed-or-after-september-16-2012

A patent application is a document that a patent attorney writes for an inventor, based on an interview with the inventor, or based on various documents that the...
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1 Answer | Asked in Patents (Intellectual Property) for Washington on
Q: Do patents forbid any part of an invention, or just the exact invention from being copied?

For example, if a patent describes a luxury aircraft seat with a certain method of reclining and with a certain kind of tray table configuration, would the patent be violated if another manufacturer copies only the tray table configuration? Or, is the patent only violated if both the tray table... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Nov 22, 2016

Good question. It does not matter what the patent describes. What matter is what the CLAIMS recite. If the claims recite both the table tray and the recline mechanism, then copying only the tray or the recline mechanism will not infringe the patent claims.

1 Answer | Asked in Patents (Intellectual Property) for Washington on
Q: Looking to create a patent and not sure how to find out if one is already in place for the idea I have
Mr. Ilya Libenzon
Mr. Ilya Libenzon answered on Feb 26, 2014

You should contact a patent practitioner who can help you conduct a patentability search, and most importantly, interpret search results.

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