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Wisconsin Patents (Intellectual Property) Questions & Answers
4 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Wisconsin on
Q: I would like to patent an energy drink certain ingredient how do I know if it has already been patented?

I would like to patent an energy drink recipe but in a broad sense to protect or mitigate against companies with more capital just running me over and imitating it. How do I find patent but ensure I'm not overlapping someone else's already?

T. Augustus Claus
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answered on Oct 19, 2023

To determine if your energy drink ingredient is already patented, you can start by searching the USPTO database and other relevant sources. This will help you understand whether your invention overlaps with existing patents. For personalized legal advice tailored to your unique circumstances,... View More

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4 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Wisconsin on
Q: I would like to patent an energy drink certain ingredient how do I know if it has already been patented?

I would like to patent an energy drink recipe but in a broad sense to protect or mitigate against companies with more capital just running me over and imitating it. How do I find patent but ensure I'm not overlapping someone else's already?

Peter D. Mlynek
Peter D. Mlynek
answered on Oct 19, 2023

OK, so here is the situation. You have two separate issues: (1) can you make and sell your energy drink?, and (2) can you patent it to keep others from copying your invention? The first question is typically the more important one.

(1) To make sure that you do not infringe on other...
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4 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Wisconsin on
Q: I would like to patent an energy drink certain ingredient how do I know if it has already been patented?

I would like to patent an energy drink recipe but in a broad sense to protect or mitigate against companies with more capital just running me over and imitating it. How do I find patent but ensure I'm not overlapping someone else's already?

James L. Arrasmith
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answered on Oct 23, 2023

To determine if an ingredient or recipe has already been patented, you'll want to conduct a thorough patent search. Begin with the United States Patent and Trademark Office (USPTO) database, which allows you to search through issued patents and published patent applications. Utilize various... View More

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4 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Wisconsin on
Q: I would like to patent an energy drink certain ingredient how do I know if it has already been patented?

I would like to patent an energy drink recipe but in a broad sense to protect or mitigate against companies with more capital just running me over and imitating it. How do I find patent but ensure I'm not overlapping someone else's already?

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

I have recently had quite a few potential clients with this sort of question and I have not been able to recomend any of them go ahead. First ou are faced with a couple of thousand years of prior art. Secondly the obviousnes standards for combining known ingredients are not high. I have had success... View More

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1 Answer | Asked in Patents (Intellectual Property) for Wisconsin on
Q: If I was to patent a swimsuit with built in spandex what legal barriers would I need to overcome?
Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Jul 22, 2021

You have to make sure that your product is novel and non-obvious over similar products and that you are not infringing other patented swimsuits. You should consult a patent attorney.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Wisconsin on
Q: How to know I'm not infringing selling NMN anti-aging supplement? Very complicated patents about mfg, use etc.

At amazon dozens of companies are selling NMN so it appears to be unpatented as a molecule, unlike the competitor NR (nicotinamide riboside) where patent holder ChromaDex claims a monopoly sues others distributing it. Yet google patent pulls up many US and foreign patents - some mfg process and... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 14, 2021

Your question is pretty convoluted, impossible to answer here.

You have to consult an attorney.

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Wisconsin on
Q: good day.referring to the patent at this link:https://patents.justia.com/patent/8381623this is my patent from 2008

I offered to sell the patent to Fiskars in early 2009, after a long distance call they went quiet on me.

I just discovered that they went ahead and claimed the patent for themselves. My patent was published in a journal in South Africa shortly after South africa joined the international... View More

Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Oct 12, 2020

You will need to retain a U.S. patent attorney to sit down with all pertinent documents to fully assess the situation, including but not limited to reviewing the "prosecution history" of the Fiskars patent (does it cite your SA patent?). The claims of the patent are key - if the claims... View More

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1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Wisconsin on
Q: Is the Audubon Bird images in public domain?
Kathryn Perales
Kathryn Perales
answered on Aug 31, 2020

The original paintings by John James Audubon are old enough that they are in the public domain. Any other photos or paintings or drawings, however, which may be available through the Audubon Society, may not be in the public domain.

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Wisconsin on
Q: Do you know of any patents for a dr. Pepper bbq sauce?
John B. Hudak
John B. Hudak
answered on Aug 4, 2020

A patent search would be needed to determine if a patent possibly exists.

A do it yourself search can be started with learning about searching for patents on the USPTO website (https://www.uspto.gov/patents-application-process/search-patents)

Although, it is generally recommended...
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Q: How can I be the one in trouble with federal and state?

Police won't do their jobs for theft and Im being treated as if Im the criminal and being threatened. Why won't cops do tbeir jobs?

Gary Kollin
Gary Kollin
answered on Jul 24, 2019

That is neither a legal excuse nor a moral excuse for breaking the law

Q: What are the first steps in protecting a concept for/of a new business? Does it involve patents or copyright?
Kevin E. Flynn
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Kevin E. Flynn
answered on Jan 23, 2019

Might not be a patent. The Supreme Court has recently made it fairly difficult to patent a method of organizing human activity. See the documents used to train patent examiners -- https://www.uspto.gov/patent/laws-and-regulations/examination-policy/subject-matter-eligibility On the other hand,... View More

1 Answer | Asked in Patents (Intellectual Property) for Wisconsin on
Q: Can I get the same layer as xxxx because my inventions are similar as his but different enough and more effi

I would like to work with the same lawyer who worked with xxxx because his motor designs are similar to mine, but mine are better. Do you help with licencing the technology as well? I would need to have you sign a non-disclosure form. I am sure that after you see my flux switching/ permanent... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on May 31, 2018

I do not know the specifics of what Charles J. Flynn invented (no relation). However, it is one of the quirks of patent law that a patent attorney working for a client in a specific area generally cannot help another client in that same area.

The patent attorney cannot help two different...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Wisconsin on
Q: For how long does an inventor(s) maintain the right to control the dissemination and usage of their patented content?

Is there a federal maximum number of years which is applicable to all patent applications? How would this length of time be negotiated? Can the length of time be adjusted later on, in a re-application of some sort? Does average length of time tend to vary by state, by industry, number of... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 19, 2018

Patent term is more confusing than it should be. The one part that is simple, is that patent term is not a function of the technology. There is not a way for the applicant to apply to extend the patent term (unlike trademarks or copyrights). (but as noted below, there are things that can shorten... View More

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