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Peter D. Mlynek

Peter D. Mlynek

Patent Law for Chemical, Pharmaceutical, and Biotech Industries
  • Patents, Intellectual Property
  • New Jersey, Pennsylvania, USPTO
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Summary

We help to solve clients’ business problems by providing legal and business advice related to intellectual property. Although not limited in industries that we serve, we specializing in working with clients in the chemical, pharmaceutical, or biotechnology business sectors. Our services include • Business Counseling: planning, developing and executing a patenting strategy that is consistent with the clients’ business goals. • US patents: drafting and prosecuting patent applications to clients’ inventions. • International Patents: working through non-US law firms to obtain patents in countries and areas around the globe. • Opinions: preparing freedom to operate opinions, patent invalidity opinions, infringement opinions, and due diligence analysis associated with M&A transactions. • Licensing of intellectual property. • Non-Patent IP Protection: by securing patents, trademarks, copyrights, and trade secrets.

Practice Areas
  • Patents
  • Intellectual Property
Fees
  • Free Consultation
Jurisdictions Admitted to Practice
New Jersey
Pennsylvania
USPTO
Education
Rutgers University - Camden
J.D. (2007) | Law
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Honors: • Dean's List multiple semesters • A/A+/A- grades in Patent Law I, Patent Law II, Patent Prosecution Seminar, Drug & Device Law, Food & Drug Administration Law
Activities: President of the Rutgers Intellectual Property Law Association
University of Wisconsin - Madison
Ph.D. (1996) | Inorganic Chemistry
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Activities: • Thesis: "Synthesis, Isolation, and Characterization of Variety of High Nuclearity Nickel-Antimony, Nickel-Bismuth, and Nickel Copper Carbonyl Clusters". Such clusters may model catalytic active sites in metal catalyzed reactions. • Major: Inorganic/Organometallic Chemistry • Minor: Analytical Chemistry. Classes in electrochemistry, spectroscopy, laser physics, chromatography. • 5 academic papers. • Synthesized organometallic and metal cluster compounds under anaerobic conditions via Schlenk equipment, drybox, as well as traditional organic synthetic techniques. • Isolated and purified compounds by solvent extraction, liquid chromatography, and crystallization. • Characterized compounds by multinuclear NMR, CV, HPLC, AA, MS, XRF, IR, and X-ray single crystal crystallography. • Developed new synthetic routes to organic ligands that were used as starting materials.
University of Wisconsin - Madison
MBA (1993) | Finance, Investments, and Banking
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Activities: • 20 Graduate level classes in Business and related fields
University of California - Berkeley
B.S. (1987) | Chemistry
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Activities: • Course work in all chemistry disciplines, including graduate level classes. • Four semesters of research in bio-inorganic chemistry: synthesized, isolated and characterized non-heme iron dioxygenase model compounds.
Websites & Blogs
Website
Legal Answers
397 Questions Answered

Q. Hello, I am wondering if its worth getting a patent on half page pockets that go inside journals.
A: A patent is a business tool. In "Ask a Lawyer" we can answer legal questions, but not business questions like if a patent is worth getting. Let me ask you a few questions that you need to think about: after you spend $10K, $15K, $20K, or more, in getting a patent, what are you going to do with it? How are you going to monetize it? Where are you going to manufacture half page pockets? Who are you going to sell them to? Do you have a business plan? What kind of funding have you raised? What does the composition of your advisory board look like? etc. If you have good answers to these questions, then go see a patent attorney. If you are struggling to answer these questions, you are in danger of throwing your money away. I mean, I, or any other patent attorney, would love to take your money, but you have to figure out if getting a patent is the best use of your limited cash. Good luck!
Q. Hello, I'm looking to patent a product. I've seen something similar however I'd like clarification, then will patent
A: Congratulations on designing a biodegradable portable cell phone charger. There are hundreds of millions or billions of cell phones which use this product, and the market demands that products are biodegradable, so it sounds like that you are sitting on a goldmine. Given that no cell phone chargers in the market currently are biodegradable, I'd think that your charger is drastically different from the existing chargers. If you really did come up with new chemistry and new design of the charger, then it is very likely that your invention is patentable. I'll be happy to work with you on this, but since you did not leave any contact information, you are going to have to reach out to me. --Peter
Q. I manufacture a simple/basic toilet seat cover. Is it safe to manufacture without violating any patents.
A: If you are making something that has been around 20+ years, then you very likely will not infringe any patents. After all, that is the idea behind patents: after a patent expires (currently 20 years from the filing date of the patent application), then anyone can use whatever is disclosed in the patent. However, if the toilet seat cover is somehow new, something that you've come up with, or something that you've seen elsewhere and decided to copy it, then you should be concerned. You may need patent attorney's help to sort it out. Good luck!
Q. Patent lawyer needed. Want to see if the idea I have for a new style of electrical box is already patented
A: Innovations in mature industries such as manufacturing of electrical boxes is a tough game. It could, of course, be very profitable, but it takes a lot of money to start putting your products on the shelf. If you've invented a new style of an electrical box that you are going to manufacture and sell in the US, then you are quite correct that you need to make sure that you are not infringing on someone else's patent. What you are looking for is a Freedom To Operate opinion (FTO opinion). Depending on the complexity of the technical and legal issues, and the extent of the opinion, you are looking at several weeks of calendar time, and thousands of dollars for a professional searcher and thousands of dollars for a patent attorney to look through the results to issue the FTO opinion. If you are going to be manufacturing it in China, or another low-cost country, then you are also going to need to do an FTO with respect to Chinese patents. Similarly, if you are going to be selling your product in Canada, Mexico, Europe, or other countries, you'll need to go through that exercise there as well. The other issue that you need to worry about is whether your invention is patentable. It is not at all easy getting a good patent on something relatively simple as an electrical box. But you are correct that you need to worry about FTO first, before worrying about getting a patent on your invention. None of this is going to be cheap; your company will need to come up with a sizable war chest to fund all of this. However, as you are likely already aware of, the most important problem with bringing new products on the market is the compliance with the NFPA, NEC, OSHA, and many other regulations. If your new invention is complaint, then yeah, you can start worrying about patents; if it is not, then you need to first address the compliance issue before spending money on patent issues. I mean, I’d love to take your money to do the patent work, but it won’t make sense if you can’t satisfactorily resolve the regulatory issues. Good luck!
Q. decorating false fingernail to sell, can a provisional patent application be filed, for process, false fingernail use
A: Yes, it can be done. As a matter of fact, I've written and filed a number of patent applications on fingernail polish and fingernail decorations.
Q. HI. an item what its a public design can be patent if im just making it glow in the dark?
A: Sorry, but no. You will likely not be able to patent glow in the dark glasses, just by taking glasses and putting a glow in the dark paint on them. Putting a glow in the dark tape or paint on things to make those things glow in the dark pretty obvious; that is the whole point of having glow in the dark paint. However, if you were to, for example, discover that having pink color dots 25 degrees off the axis in low light helps to treat amblyopia, strabismus, nystagmus, or some other eye disease, and you select appropriate glass frames, glow in the dark color frequency, etc., then such glasses would likely be patentable.
Q. Patent # 9,488,903 how do I know what I need to avoid replicating to reproduce a product similar to such stated in this
A: Well, you are going to have to hire a patent attorney to give you an idea if what you want to do infringes or does not infringe on that patent. The patent attorney should also be able to let you know how to do what you want to do without infringing on the patent.
Q. Hello, Hyperice filled a patent on 27 of november, but the same products where already on the market in China for other
A: Well, if one filled a for a patent on a product that is already being sold anywhere in the world, then generally one cannot get a patent on it. However, many times the patent is for improvement for that product. The improvement must be not obvious over the existing product, but it may be just a tiny improvement. In such a case, the patent may be good.
Q. Accidentally similar composition to this tablecloth patent, but different category, is this okay?
A: You do not provide us with enough information to provide you with guidance. But I've done plenty of similar patents (I've worked in polyurethane industry for years), so I may have a few pointers based on what is typically done in the industry. The bad news for you is that if the patent attorney writing the patent application did the job correctly, the patent claims should be written to encompass a cloth comprising layers of polyester fabric and polyurethane backing. Such a cloth could be used for any purpose, including a tablecloth, thus it would cover other uses of the cloth. But it is possible that the patent in question will be just for the use as a tablecloth, I dunno. The good news for you is that there are so many patents and articles out there about cloths comprising layers of polyesters and polyurethanes, that in order to obtain a valid patent the claims must be pretty narrow. If the patent in question requires a specific blend of polyester, and you are using a 100% polyester, then you would be outside the scope of the claims. The above is based on what is typically the case in such technologies, but you really should reach out to a qualified patent attorney to give you a non-infringement opinion. Good luck!
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Law Offices of Peter D. Mlynek
516 Eaglebrook Dr.
Moorestown, NJ 08057
USA
Telephone: (856) 787-0880