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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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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
  • Free Consultation
Jurisdictions Admitted to Practice
New Jersey
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Rutgers University - Camden
J.D. (2007) | Law
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
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
Activities: • 20 Graduate level classes in Business and related fields
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University of California - Berkeley
B.S. (1987) | Chemistry
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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Legal Answers
509 Questions Answered

Q. What makes the length of the patent protection too short?
A: Actually, this is a very common question, and a problem for the pharmaceutical industry, including my clients, deal on daily basis. Although it is correct generally the term of a patent is 20 years from the earliest priority date, things are not so simple in pharmaceutical arena. For example, given that it takes many years to develop a new drug, especially if it is a new chemical entity, having a 20-year term is not workable in an industry where patents are everything. The problem is that the FDA takes as much time as is needed to approve the drug, and for that reason, under Hatch-Waxman, a vast portion of the drugs listed in the Orange Book has the patent term extended under 35 U.S.C. § 156. Further, there is also pediatric exclusivity (PED) under which the FDA cannot approve an aNDA under BCPA, an orphan drug exclusivity (ODE) under 21 C.F.R. 316.31, a 3-year change exclusivity under 21 C.F.R. § 314.108, a 180-day first aNDA exclusivity, etc. Many practitioners in pharma-biotech space do not calculate or provide the patent term to clients without doing a significant amount of work. If you wish, I'd be happy to take a look at this case for you.
Q. Do I get a share of money if some patents that I co-invented when I was a student is now sub-licensed by a company
A: Sorry, I wish I had better news, but you very likely are not entitled to any money from the patent. Generally, when you are a Graduate Research Assistant, you are getting paid, either as a salary or in lieu of tuition, to do research. You were getting paid. As with any university in the world, you probably signed an assignment the very first day as a condition of your hire at the university. Now, if you were to have entered into a contract with the start up that you were going to be getting a piece of the revenue stream instead of salary, and if you were not using university resources, then you would have received cash on the back end instead of the front end. You most likely did not negotiate such a contract, because you would be aware of it. But, if it is any consolation to you, even if you did not get any cash from your invention, your name is on the patent as the inventor, and they can't take that away from you. Also, because it is published, you are able to make any presentation on your invention based on what is stated in the patent; a patent is not copyrighted.
Q. Can I sell my patents ?
A: Yes. It is treated like a personal property, such as an oil painting, or a stock portfolio, or a car.
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Law Offices of Peter D. Mlynek
516 Eaglebrook Dr.
Moorestown, NJ 08057
Telephone: (856) 787-0880
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