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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
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
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.
University of Wisconsin - Madison
MBA (1993) | Finance, Investments, and Banking
Activities: • 20 Graduate level classes in Business and related fields
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
369 Questions Answered

Q. Can a provisional patent that was not followed up with a non-provisional patent be used to claim prior art?
A: No. A provisional patent application that is not followed up with a non-provisional patent application is not published and does not result in a patent, and thus cannot serve as prior art against another patent case. This is, unfortunately, a common problem. In your case, you cannot get a patent on your device claiming priority to your provisional patent application, because the provisional patent application lapsed. It is as if the provisional patent application never existed. Further, you cannot challenge the other person's patent based on your filing of the provisional patent application. Your provisional patent application never resulted in a patent, and it was never published. So what can you do? Well, if you published your invention in a trade publication, or on a website somewhere, such a publication could be considered prior art, thus possibly invalidating the patent. The other alternative is to show that the other party learned about your invention and copied your invention, then you might be able to invalidate the patent. Unfortunately, you cannot do this in a derivation proceeding (see MPEP 2310) because you are not a patent applicant. You are going to have to show this in court.
Q. My Grandfather is Warren Depperman, My name is Mario Depperman (Grandson). Does he own patients I could claim?
A: Mario, your grandfather was an inventor on 9 US patents. Eight of these patents were owned by Cogsdill Tool Products, Inc. of Camden, SC, and one was owned by Chamberlain Manufacturing Corporation of Elmhurst, IL, when your grandfather lived in Waterloo. I presume that these companies were his employers before he retired. You (or anyone else) cannot inherit these patents because they were owned by his employer and not by him. Also, there is nothing to inherit even if he would have owned them, because all 9 of these patents have already expired.
Q. How much does an application for a patent and trademark for an industrial process cost.
A: A patent costs around $20,000. It could be as little as $10,000, or as much as $40,000 or more. A trademark will cost about around $800 to $1500 to get.
Q. I created a unique plant fertilizer product that is retail. I solely control formula and want to protect & patent. How?
A: Wow, you already went through the regulatory dance. Great! To get a patent, contact a patent attorney to get you started. (I do patents for formulations on daily basis for my clients, and I've done some in ag chem). Make sure that you have some good data over other common fertilizers, and most importantly, over the combination of ingredients. If your ingredients are known, then the data is more important then if the ingredients are new chemical entities. What I mean is that if someone takes an ingredient that raises phosphorus and an ingredient that raises potassium, and mixes it together, and it simply acts as a mixture of these two ingredients, then that would not be patentable, even if nobody has ever mixed those two ingredients before. Good luck!
Q. Can a difference in mechanics of a product keep a company from recognizing that it was my idea 1st?
A: It does not matter whose idea it was. A person gets a patent on an invention, not on the idea. They could have come up with the idea subsequent to you, or they could have just copied your idea, it does not matter, you do not have any rights to protect. The only way that you could sue them is if you disclosed an invention to them under a non-disclosure agreement, and they violated the agreement.
Q. My friend patented in Mexico a new way to clean water in the oceans. Would like to sell here in USA.
A: Your friend's patent will only protect him/her from the competition within Mexico. If your friend did not patent it with the USPTO, anyone will be able to practice the invention in the US, but so nothing for your friend to sell. What does your friend want to sell?
Q. Dear Madam/Sir, I am Radek Nachev, inventor an owner Pat. N. 8264179. Couple of years ago I contacted the company
A: Dear Mr. Nachev-- Your patent has been issued, all the maintenance fees have been paid, and it looks like that the patent is enforceable. It thus appears that you are in a good position. As you likely know, a patent lawsuit will cost you several million dollars. Unfortunately, unlike personal injury lawsuits, patent lawsuits are generally not done on a contingency basis. Some law firms may represent you on a partial contingency basis (they'll charge you only half of their regular fee, with additional money coming from the judgment). Also, there are investment companies that will finance such lawsuits, but you'll need to spend 50,000 USD on legal work to get to the point where they'll be able to decide on the risk of going through the prosecution. I am sorry, but if you do not have resources to fund an enforcement action, there is no much that can be done.
Q. I need parts for a shower faucet. It has no markings indicating the brand but it does have a patent number 3519018.
A: As a person who does his own plumbing, the lack of part numbers drives me nuts too. And parts from one manufacturer are not compatible with those of other manufacturers. I feel your pain. Your question is a tough one. The good news is that the patent was issued in 1970, so your shower faucet must be more recent than that, so replacement parts should still be around. The patent owned by Cole Valve Co. (not to be confused with Kohl), but it could have been licensed to any number of manufacturers. For what it's forth, there are a number of plumbing parts on Amazon that have that patent number associated with it. If your shower faucet is original (i.e., it was installed when the house was built), then it was likely manufactured by the same manufacturer as the rest of the house. You can always take the part and pictures to a plumbing shop, and see if they can help you (I am talking about shops that professional plumbers use, not retail stores like Lowes or Home Depot). Good luck!
Q. Old patents claim using a specific methylated (CH3) DNA as diagnostic. New method measures overall CH3 (no seq). FTO?
A: From your brief description, it sounds like you are OK. But it really depends on what the claims recite. If it calls for isolation of unique sequence, and you do not perform that step, then you are not infringing. But if the claims are simply directed to measuring methylation of a specific gene and you are measuring methylation of many genes which may include the specific gene, then you may be infringing. You really should talk with a patent attorney who specializes in biotech.
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Law Offices of Peter D. Mlynek
516 Eaglebrook Dr.
Moorestown, NJ 08057
Telephone: (856) 787-0880