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Patents (Intellectual Property) Questions & Answers
Q: I would be happy to find an IP lawyer interested in represent my interest in intelectual property that I wish to patent
Kevin E. Flynn
Kevin E. Flynn answered on Apr 29, 2020

I am glad that you are taking care with this choice. Picking a patent attorney is different than some other limited tasks like buying a house. You need someone with the right legal skills and the right technical knowledge. You also need someone that you can work with as an external team member... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: What does standards of novelty and nonobviousness mean? How does it apply to protecting a new food product?

I am trying to protect my new food product from being copied in the marketplace. How do standards of novelty and nonobviousness apply? Please explain?

Bill Hulsey
Bill Hulsey answered on Apr 28, 2020

they are requirements for a patent

1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: Can a food recipe be patented? I have a food product that I want to protect from someone analyzing my food product.

I do not want my product copied. How can I protect it in the marketplace? What are the standards of novelty and nonobviousness? How will it apply to my product?

Bill Hulsey
Bill Hulsey answered on Apr 28, 2020

Yes. The standards of novelty and nonobviousness apply.

1 Answer | Asked in Patents (Intellectual Property) for North Carolina on
Q: Is there a way to search for pending patents?
John Brian Hudak
John Brian Hudak answered on Apr 28, 2020

If you look at the USPTO website it will give you strategies for searching for patents. Part of a patent search includes searching for relevant published patent applications, which can be done for US patents on USPTO Patent Application Full-Text and Image Database (AppFT) and for foreign patent... Read more »

1 Answer | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark on
Q: If I have produced a parody logo of the Levi's logo with the letters rearranged, does this infringe copyright?

This logo would be to print on t-shirts to sell on an online store.

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 28, 2020

I would not do it

Very likely you could face repercussions

Parody has its limits.

2 Answers | Asked in Patents (Intellectual Property) for New Jersey on
Q: Hey would like to get in touch with a IP Lawyer? I want to get this Patent
Darrin A. Auito
Darrin A. Auito answered on Apr 27, 2020

You definitely came to the right place. Lots of IP attorneys here. Best to pick an IP attorney with experience handling technology related to the patent you are interested in getting.

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for New Jersey on
Q: Patent holder wants to block me from selling on Amazon similar product which everyone is selling for many years.

I have a product which was invented by some person many years ago, but wasn't patented. So, now many people sold this product too. But one company modified one detail of the product, and because they couldn't patent this as invention, many sellers, include me, also was selling this product with... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 27, 2020

Very low chance to win. Not worth the fight unless you have a lot of money and makes sense to you.

I strongly suggest moving on.

Marcos E. Garciaacosta

www.legalbizglobal.com

1 Answer | Asked in Gaming, Copyright, Intellectual Property and Patents (Intellectual Property) for Georgia on
Q: Can I use parts identical to LEGO parts (non-patented/expired) in a commercial virtual reality game?

The parts are sourced from an online community (LDraw.com) that models the LEGO parts in 3D attempting to digitally archive the LEGO parts, so they are as close to the original as possible. I am attempting to create a virtual reality game where these parts can be built in a similar way (but in a... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 27, 2020

It will depend on what parts you are referring to.

If they are the ones out of protection, you could use them. But you need to make sure they do not have other protections, common law or statutory.

You should definitely consult an attorney to be better guided.

Marcos...
Read more »

1 Answer | Asked in Patents (Intellectual Property) for Georgia on
Q: I have an idea for a product that could be used asap in dental offices to help protect patients and employees since Covi

How do I go about inexpensively getting a provisional patent so that I can start getting this product out there? I do not have time to do a regular patent.

Bill Hulsey
Bill Hulsey answered on Apr 23, 2020

You can submit a provisional patent application that provides a description of how to make and use the invention. This will establish an international filing date. From this date you can further seek U.S. and international patent protection via subsequent patent filings.

1 Answer | Asked in Patents (Intellectual Property) on
Q: Why are patents who list my father, Dr. Ray C Christena, as the inventor listed on your website?

I have the patent for 3,637,563 - now expired. Is there any financial gain possible for heirs?

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

I don't speak for Justia, but anyone can list any patent on any website. Patents are not copyrighted, and are in public domain.

With regards to the second question, there is no financial gain from an expired patent. Attempts to enforce expired patent is illegal.

Even if that...
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1 Answer | Asked in Consumer Law and Patents (Intellectual Property) on
Q: What happens when Siegfred Bremer’s (inventor) representative passes does it then fall to Siegfried children?

About Siegfried Bremer’s patient

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

What happens to a patent after the death of the owner is governed by the state inheritance laws. Patents are treated the same way as cars, stock portfolio, art collection, etc. Patents are considered personal property.

In case of Siegfried Bremer, I found three patents, all of which are...
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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 Intellectual Property and Patents (Intellectual Property) on
Q: complexes of silver with citric acid can be patented in india

i had prepared silver complexes with citric acid and tartaric acid . Can it be patented in india. I had applied for patent it was given provisional patent but time expired

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

Well, you cannot patent silver citrate or silver tartrate, because both are well-known compositions.

In most countries, you may be able to patent some sort of a medicine that uses these compounds as the API, but it is going to be tough.

Unfortunately for you, the public policy...
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1 Answer | Asked in Copyright and Patents (Intellectual Property) for Illinois on
Q: I am writing a book of pet knowledge and after 50+ years of study i say that the Glofish in the pet shops are fake.

the fiction out there says they are .GMO and are both copyrighted and pattented. Can this be true of a fish?

mike

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

There are patents on Glofish. See for example, https://patents.google.com/patent/US8378169, which has expired.

Glofish is also trademarked. There are about 37 different trademarks "Glofish" or a variation thereof; I how many of those are associated with the fish.

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: if someone patents a device like the one used by Stephen hawking and another recreates the same type of devices

and hurts people with it. whom can you file suit with if they are trying to not get caught using it but you know they are using it. If we find out who funds it to bring about harm then they deserve a law suit coming their way.

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

If someone creates a device, and patents that device, then he can keep others from making, using, selling, or offering for sale of that device.

The patent owner can keep almost anyone from using it, whether it is for a good use of an evil use. The patent owner can say, hey, I am going to...
Read more »

2 Answers | Asked in Copyright and Patents (Intellectual Property) for Illinois on
Q: Can I sell items on Etsy made from patterns I found on Pinterest? What is law on licensed fabrics?

I have found a lot of conflicting info. Some saying that you can't copyright a pattern, and that final product is "your" work so you can sell.

Others saying that no you can't. Very confused!!

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 19, 2020

it requires an analysis of the pattern, and see if it is owned or copyrighted by somebody.

Think of the Louis Vuitton pattern.

In general just because you see it somewhere it does not mean it is free

Make a Consult appointment

Marcos.

Counsel for the...
Read more »

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3 Answers | Asked in Copyright and Patents (Intellectual Property) for Florida on
Q: can you patent an AR idea?
Kevin E. Flynn
Kevin E. Flynn answered on Apr 19, 2020

The initials AR are used for many dozens of things from acid reflux to amateur radio. If you mean automated rifle- then yes you can seek patents on the workings of a weapon. You would need to have an idea that would not be obvious to one skilled in the art of designing automated rifles. You... Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: hi, I had discovered a novel compound that shown an antifungal assay, this has never been reported, can i patent it?
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 16, 2020

Depends

There are a lot of factors in play

Has that compound being used before for something?

Has it been in existence before?

Did it have other elements that can be considered generic? so that a previous compound may be used if minor changes are made

Is it...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: What are the different kinds of patents? I'm assuming there are design patents, functionality patents, process paten
Peter D. Mlynek
Peter D. Mlynek answered on Apr 13, 2020

The vast majority of patents are known as "utility patents." This means that they claims some sort of an invention that is useful and new. It could be a process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.

There are also two special types of...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: What are the different kinds of patents?

I'm assuming there are design patents, functionality patents, process paten

Peter D. Mlynek
Peter D. Mlynek answered on Apr 13, 2020

The vast majority of patents are known as "utility patents." This means that they claims some sort of an invention that is useful and new. It could be a process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.

There are also two special types of...
Read more »

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