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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
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Pennsylvania
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USPTO
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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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Websites & Blogs
Website
Legal Answers
494 Questions Answered

Q. Can two patent applications have identical titles? If so can you find an example?
A: Yes. Absolutely. In the US, anyway. The rules in the US about titles of patent applications is fairly liberal. A title must be "short and specific", meaning fewer than 500 characters, but I've found that the Patent Office does not really care. At most, they delete leading articles from the title. Examples? There are thousands of examples. Try "Cleaning composition"
Q. Can I produce a patented chemical just as an academic exercise? if permission is required, how can I obtain one?
A: If you'd be a high schooler, then most attorneys would say "yeah, who cares?", but since you are a PhD student, it is possible that your result may be used to produce a new composition that can be patented and licensed. It behooves your PI not to fun afoul of any patents. There certainly are research exceptions, especially in compositions that have therapeutic effects. I am not going to give an advice one way or another; this area of law is nebulous, and it is not even clear that you would be infringing the claims if you are merely following the procedure in the description. What you need to do is to talk to your PI and follow your PI's directions. Alternatively, get a hold of your university's Technology Transfer Office, who will be able to guide you.
Q. Dear lawyer I want to re-accept or re-register my patents. Please guide me . Thanks a lot
A: Once a patent lapses because it's term expired, there really is not much that can be done. This is because patents are specifically made so that after a certain period, the invention passes to the public. If your patent lapsed due to non-payments, under some limited circumstances, the patent may be revived. But generally the way that technological companies protect their inventions is by making new inventions, and patenting those new inventions. If you've improved your product within the last year, then you may be able to get a patent on it.
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Contact & Map
Law Offices of Peter D. Mlynek
516 Eaglebrook Dr.
Moorestown, NJ 08057
Telephone: (856) 787-0880