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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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Biography

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.

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
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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.
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University of Wisconsin - Madison
MBA (1993) | Finance, Investments, and Banking
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Activities: • 20 Graduate level classes in Business and related fields
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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.
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Jurisdictions Admitted to Practice
New Jersey
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Pennsylvania
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USPTO
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Fees
  • Free Consultation
Practice Areas
Patents
Patent Appeals, Patent Litigation, Patent Prosecution
Intellectual Property
Legal Answers
Q. Need to provisional patent on a device for vision screening. How Do I file a provisionanl patent to build the POC?
A: A couple of points:

(1) Congratulations on worrying about patenting your device. Way too many people build the product, sell it, and then seek to get a patent, only to be told that it is too late.

(2) However, there is such a thing as trying to file a patent application too early. To file for a patent, you need to have an invention, not just an idea for it. You can either build a prototype, or make a bluepring of it, or like. If you have not build a proof of concept for your device, it is possible that you have not yet finished inventing it.

(3) There is no way to get a good patent cheaply. Sorry. You need to raise funds first. To get a patent costs about as much as car; you won't pay for it all at once, but you'll need about $10,000 to $15,000 upfront to get you started.

Good luck!
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Q. Can I file and receive a patent without retaining a lawyer? What would doing so entail ? How would I do this?
A: Sure, you can file a patent application, and there are plenty of help out there for pro se inventors. One of the best books on how to do this is "Patent It Yourself" by David Pressman from NOLO Press.

However, it is not easy to write a patent application, and it is even harder getting it allowed and granted as a patent.

You should note, though, that patents are business tools that cost a lot of money. Most pro se inventors who get a patent do it for their business, and not as a hobby.

If you want to publish it as a hobby, if you want to be recognized for your achievement in coming up with a new idea, ifn you want to contribute to the society without the expense of getting a patent, then you should find a suitable trade publication where to submit an article on your invention. Alternatively, you could just put it on the internet, on one of the many subreddits, or make your own website.

Finally, in order for something to be patentable, it must be useful. If you have a simple apparatus, it most likely will be considered useful, so do not sell yourself short.
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Q. 12 in 1 Quick Load Ratcheting Screwdriver by Husky - Can you please check if this specific product has an active patent?
A: Take a look at the package. There should be some information on it about patents. Or there should be a website, shick would have that information.
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Law Offices of Peter D. Mlynek
516 Eaglebrook Dr.
Moorestown, NJ 08057
US
Telephone: (856) 787-0880