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Questions Answered by Kevin E. Flynn
2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: before having manufactured a certain comb, do I need to find out if it is already patented by someone? and how do I?
Kevin E. Flynn
Kevin E. Flynn answered on Jan 24, 2022

Kudos to you for wanting to do the right thing. The answer is that you need to work with a patent attorney to do a freedom-to-operate (sometimes called clearance) search. The attorney or a contractor working for the attorney will look for patents that that have not expired or published... Read more »

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2 Answers | Asked in Patents (Intellectual Property) for Connecticut on
Q: How do I find someone so I can purchase there patent
Kevin E. Flynn
Kevin E. Flynn answered on Jan 9, 2022

I would start by finding out who owns the patent. Most patents are assigned from the inventors to a company. Sometimes a patent is then assigned several times after that. The issued patent lists the assignee (owner) as of the date that the patent issues but does not get updated.

I would...
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1 Answer | Asked in Copyright and Patents (Intellectual Property) on
Q: Hello! How to get the right to use this patent for personal uses?

I am a teacher at school. I want to research Stanley Meyer's inventions.

Kevin E. Flynn
Kevin E. Flynn answered on Jan 1, 2022

First, I want to congratulate you for being a teacher (the world needs great teachers) and congratulate you for wanting to do the right thing with respect to patent rights.

The process on JUSTIA did not convey the number for the patent of interest to the patent attorneys. But here are...
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1 Answer | Asked in Patents (Intellectual Property) for Alaska on
Q: As a grandchild of my grandfather, who is now deceased , can I try to sell his patent with permission from his wife ?

My grandpa and his friend invented something and have had a patent. Is it possible for me , his grandchild , with permission from his wife , take over his half of the patent to try to sell it ?

Kevin E. Flynn
Kevin E. Flynn answered on Dec 15, 2021

This is not really a patent question. This is a question under state law of whether your grandfather assigned the invention to another party. If he assigned his rights, you have nothing to license to anyone. If there was a contract, then maybe there is room to regain the rights.... Read more »

3 Answers | Asked in Patents (Intellectual Property) and Products Liability for Minnesota on
Q: Patent 7803360 protects a product that is degradable underwater.

Does this mean that no one is never allowed to make a bio degradeble lure other than this company? If one would be able to create something, they wouldn't be able to sell it? Not quite sure I understand how this patent works. Or is the patent designed to protect their formula, meaning if one... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Dec 8, 2021

Patents are all about the claims. While the title is -- Water-degradable fishing lure -- the patent scope is much narrower than that. It is about a specific class of water-degradable fishing lures.

As long as you do not do -- 1. A fishing lure comprising a body that comprises at least...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: Registered copyright work better than patent for methods or software

Could a registered copyright work better for protection detailing a business method, component topology and clearly related process than a conventional patent for a software system that superimposes over the method? May it be better to do both with the patent sharing details of software system?... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Dec 7, 2021

1) Getting a patent on software that uses conventional technology to implement a set of rules for a structured human interaction is very difficult given the current Supreme Court view of this subject matter.

So figuring out an interesting way to hold an auction for dog food and then...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: After a patent application's been made can details of it be shared with organisations for model licensing

Patent being for a business methods and AI software system topology. At which time would NDA's be needed if at all?

Kevin E. Flynn
Kevin E. Flynn answered on Dec 7, 2021

I hope that you took advantage of one of several ways to expedite the review of your patent application. Many companies will not engage in serious licensing discussions until you have a Notice of Allowance. It is just hard to tell whether you will be able to obtain commercially useful claims when... Read more »

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Existing patent improvement and specifics

If the patent extends on a patent that a large company already has but improved upon with a critical building block black box topology and applies to a specific function (e.g. HR or Marketing).

Can a patent be applied for and to what degree could the generalized patent holder make a claim... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Dec 7, 2021

This is a great question. This happens all the time.

Assume that Betty invented the basic bicycle and you have invented the mountain bike. Your improvements to the basic bicycle may be sufficiently non-obvious to merit your own patents. At that point Betty cannot make your mountain...
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1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: I need to patent a saying and I looked it up and found someone else has a patent, but I think it's no longer active.

What do I need to do?

Kevin E. Flynn
Kevin E. Flynn answered on Dec 1, 2021

You cannot patent a saying. Perhaps you want to seek a trademark. If so, you should re-post this question for trademark attorneys to comment.

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: When did Clorox apply for patent on splashless bleach
Kevin E. Flynn
Kevin E. Flynn answered on Nov 23, 2021

With the tips in this slide set, you can use Google Patents and the USPTO patent database to answer this question and to additional questions that might arise.

Good luck

https://bit.ly/Patent__Searching

Kevin E flynn

1 Answer | Asked in Patents (Intellectual Property) on
Q: would it be difficult to re- instate the patent
Kevin E. Flynn
Kevin E. Flynn answered on Nov 22, 2021

If by reinstate you mean revive a patent that expired early from an unintentional failure to pay a maintenance fee, yes that is relatively easy (there is a fee paid to the USPTO) as long as you just recently discovered the failure to pay and the failure to pay was unintentional.

If you are...
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1 Answer | Asked in Patents (Intellectual Property) for South Carolina on
Q: Hello. I have a question about a patent for a fitted bed sheet with pockets. Is it expired I'm unable to decipher that?

I was able to Google and saw there was a patent for fitted sheets with pockets but unsure I'f it is expired

Kevin E. Flynn
Kevin E. Flynn answered on Nov 15, 2021

Patent term is more confusing than it should be. The one part that is simple, is that patent term is not a function of the technology. There is not a way for the applicant to apply to extend the patent term (unlike trademarks or copyrights). (but as noted below, there are things that can shorten... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: need to finalize or resubmit a patent application

patent was considered abandoned. previous attorney not responsive to questions.

Kevin E. Flynn
Kevin E. Flynn answered on Nov 12, 2021

You should discuss with your patent attorney whether it makes sense to file a petition to revive an unintentionally abandoned patent application.

https://www.uspto.gov/sites/default/files/documents/sb0064.pdf

If the abandonment was indeed unintentional, then the fee to revive may...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: i need to find the screenshield kit patent. can you please help me
Kevin E. Flynn
Kevin E. Flynn answered on Nov 12, 2021

Here is a slide set that explains how to search for patents or published applications. https://bit.ly/Patent__Searching

I hope that this helps.

Kevin E Flynn

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1 Answer | Asked in Business Formation, Business Law and Patents (Intellectual Property) for California on
Q: I registered a web name LLC name with state and all variations and LLC operating agreement partner didn't sign

He has done many illegal things and I want to keep name and he didn't put in the time nor sweat equity nor capital and while he didn't sign operating agreement it calls for name being returned to me not only that he has restraining orders trying to get permanent for threatening my life,... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Nov 5, 2021

I do not see any indication that this is a patent law question.

This seems to be a business dispute that will turn on the facts. This is not a good candidate for a web site Q&A. You will need to find an attorney that handles business disputes in the relevant state and lay out the...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: Is this patent still valid?
Kevin E. Flynn
Kevin E. Flynn answered on Nov 1, 2021

Justia needs to change the user interface. Many users think that the patent that they are looking at is attached to the question conveyed to the patent attorneys. This sort of question without the patent number of the patent at issue is a common event.

Either Justia needs to warn them...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: I need a patent lawyer

I need a patent lawyer to pursue Apple Pay for this patent

Kevin E. Flynn
Kevin E. Flynn answered on Oct 27, 2021

All that was posted to the patent attorneys was "I need a patent lawyer to pursue Apple Pay for this patent" It is not clear what patent you are talking about.

To the extent that you believe you have a lawsuit for patent infringement, then it is not a good idea to share that in...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Can a patent be issued for something already being sold?

My original company sold a golf grip that was issued a patent 10 years after I first sold these grips.

Kevin E. Flynn
Kevin E. Flynn answered on Oct 22, 2021

A patent should not be issued if the patented claims read on a product that was on sale before the patent application was filed. It would be unusual but not impossible for a patent to issue from a patent application family that stretches back 10 years.

The patent may be for a very narrow...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Why would a patent lawyer ask me to sign a blank power of attorney form , & I can not find the submission

Electronic Acknowledgement Receipt40345610EFS ID:Application Number:16999073

Kevin E. Flynn
Kevin E. Flynn answered on Oct 18, 2021

Most interactions between a patent attorney and the United States Patent and Trademark Office do not require a signed Power of Attorney. So it is possible that the attorney will not file the Power of Attorney unless there is something to be submitted that requires the Power of Attorney form.... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Nebraska on
Q: Hi, how much will it cost me to patent a idea?

I've been thinking and talking to invent help, but I need to patent it first. And how long does it take to complete. And what should I do first?

Kevin E. Flynn
Kevin E. Flynn answered on Oct 15, 2021

I think the best place to start is by reading some patents that are in the field where you hope to obtain a patent. Getting a patent is hard. This will make more sense once you have read some patents and maybe looked at the arguments made during the process to examine the patent. This will get... Read more »

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