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Florida Patents (Intellectual Property) Questions & Answers
2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: One quick question please if I may. How do I protect my idea from being stolen while I go through the process 4 a patent

I just want to make sure that if I go through with my idea, while it may take upwards of a year for the process to finish, that I can protect my idea somehow from being stolen by others and being patented by others.

David Aldrich
David Aldrich
answered on Feb 14, 2023

To obtain an issued, enforceable patent, you would file a “utility” patent application. When you say ”the process 4 a patent,” are you referring to the preparation of this patent application, or the process of ultimately obtaining an issued patent (i.e., the back-and-forth with the patent... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Abandoned patent used in research

I work for a research institute and there is an abandoned patent for a lifting conveyer. I'd like to use the concept on the patent as part of my overall project. Would I be able to use it in a research setting at a university? It's not the focus of my research but simplifies an a part of... Read more »

Stephen E. Zweig
Stephen E. Zweig
answered on Nov 16, 2022

If the patent was abandoned more than two years ago, then the chances that the owner could revive it are pretty low, and it should be relatively safe to use. If the patent expired due to "old age," then it is also safe to use. The main risk is if the patent was recently abandoned (less... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Where do i go to discuss what i need for a US Patent.

Location best preferred

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Sep 11, 2022

You may start at the US Patent and Trademark Office website (USPTO. org) to get general information about patenting an invention. The next step would be to consult a Patent attorney who can guide you through the process and advise you based on the invention you wish to Patent. Sometimes it is... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: I wanna make a patent. How do u do it
Carl Massey Jr
Carl Massey Jr
answered on Dec 7, 2021

First, make an invention. One that is novel and nonobvious. Then write some words and draw some pictures providing adequate written description and enablement. Then file at the USPTO office and wait until they send you something back. Then argue with them that the claims really are novel and... Read more »

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
PREMIUM
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
PREMIUM
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 Copyright, Intellectual Property and Patents (Intellectual Property) for Florida on
Q: hi i was inquiring about if a patent is already out about something that i made at home then saw something similar to it

ear straps for a binky for babys attached to the side wholes of the binky. i would like to actually create something like this and see its already out but wanted ,ore information on it. i saw clips that you clip onto the binky but i was to have mine built in and mass produce. can you help me please?

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Oct 13, 2021

You will need to contact a patent attorney to determine if your product would infringe on a patented product. Perhaps the patent you saw has already expired or no longer valid, but there may be other patented products that you may be at risk of infringing. It is important to determine the... Read more »

2 Answers | Asked in Federal Crimes and Patents (Intellectual Property) for Florida on
Q: On Appeal to District Appellate Court my case was VACATED and REMANDED back to the Bankruptcy Court. The Court REFUSED.

The Bankruptcy Court said I owed

Payment s to my plan . My case was ruled against me and ended before the Appeal the Appellate Court decided the Vacate Remand Order. The Bankruptcy Judge who did so was removed from his cases before he made the decision.

I have unquestionable... Read more »

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Oct 4, 2021

This question was posted as a question on patents (inventions). That is not the right topic. You may get better answers if you post this as a bankruptcy question.

Good Luck

Kevin E Flynn

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4 Answers | Asked in Copyright and Patents (Intellectual Property) for Florida on
Q: I have a display patent from 1993 I'd like to know if there's some way I can update it ?
Stephen E. Zweig
Stephen E. Zweig
answered on Aug 25, 2021

Sadly no. Patents typically have a maximum lifetime of about 20 years from the filing date. Although this can be adjusted a bit for delays at the USPTO, usually, the adjustments are only for a few months or years.

A 1993 patent era patent is likely long expired, is probably public...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: How do i find out if something is already patent?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jul 31, 2021

To get a final answer, you will need to work with a patent attorney that will commission a search. But you can take some initial steps on your own. You can use the free search tools and some tips on DIY searches listed in my slide set https://bit.ly/Patent__Searching .

You can also look...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: D845064- is this just a lid patent? I see many cups with this same design.
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jun 15, 2021

Great question.

I looked at the patent. I agree, there is very little that strikes my eye as novel. Keep in mind that this is a design patent not the much more powerful but hard to get utility patent. This design patent does not preclude people from having a threaded top with a place for...
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2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: What is actually patented on D906,015 Looks like a basic towel with small eyelet holes?

Looks like a basic towel to me

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jun 1, 2021

The leading digit D tells you that it is not a utility patent (on the features) but a design patent on the appearance. This keeps people from selling things that look just like a product and thus fooling consumers into buying a knockoff. So they have not patented all combinations of towels with... Read more »

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Q: If there was a youtuber whom read poetry from other poets and got paid for it, could he/she be sued?

They aren't passing off the content (poems) as their own. They are just reading it in a ASMR fashion to make money.

Linda Liang
Linda Liang
answered on May 4, 2021

What is copyright infringement? As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. Since you use the poem in a way that you are making... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: If I know the patent number, how do I find out who licensed a patent, for how much, and when?
Peter D. Mlynek
Peter D. Mlynek
answered on Apr 25, 2021

Sorry, but you can't. Licensing terms, such as financials, are typically highly confidential.

The best that you can do is to find out whether the patent has been assigned to someone. Such assignments are typically recorded at the Patent Office.

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Patent disclosure filed at Sperry Defense (SDE 86), infringed then ID'ed in TRAK product later. What is recourse?

1. SDE #86: Enhanced Tc of Alumina Substrate Utilizing Beryllia Embedding.

2. ~1983

3. Identified in Trak Lobby display, ~2001

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 25, 2021

There is no recourse. Sorry, but this is ancient history, and any rights that you might have had have long lapsed.

2 Answers | Asked in Patents (Intellectual Property) and Social Security for Florida on
Q: I’m 20 years old and I’m dad refuses to give me my ssn.

He told me he was it and the only way I would be able to get it is by changing my address on my driver’s license.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Mar 8, 2021

This is not a patent law question (inventions). I hope that someone familiar with social security issues can be of help.

Kevin E Flynn

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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: My father in law is going to be admitted to a state run retirement home by adult protective services of tx. No will

His wife passed away before Christmas and has dementia. He lives in Texas and we live in Florida. He has no will. My husband is the only child of his. They said when he is released from the hospital that he will be sent to the state run nursing home. Then at that time his home will be locked... Read more »

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Feb 23, 2021

You need an answer from someone that knows. Your question was posted to patents (inventions). You need to seek someone in Texas with knowledge of elder law and related topics.

Good luck.

Kevin E Flynn

Q: Can I file for a patent to improve a product on the market?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Feb 6, 2021

Yes you can. However, depending on whether your improved product falls within the original patent you may need a license to the original patent to sell a product. If your improvement is a kit to upgrade the original product then you may be ok. Lots of details and nuances. Best bet is to talk... Read more »

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1 Answer | Asked in Copyright and Patents (Intellectual Property) for Florida on
Q: What ways are there to have custom container holdings a persons feet that can be inserted in between 2layers of silicone

I want to be able to have a pocket for each foot to fit into (like a shoe) made of a silicone material that can fit in between 2 layers of silicone that looks and works like a Mermaid tail. Such as a mono fin or Flippers that are connected and require a swimmer to use both feet at once, unlike... Read more »

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Jan 9, 2021

I suppose you are asking whether you can get a patent for your product or conversely, whether your product could potentially infringe another patented product. A patent attorney can do a patentability search on your product and review patented products to provide you with an opinion on both these... Read more »

2 Answers | Asked in Copyright, Products Liability and Patents (Intellectual Property) for Florida on
Q: How much does it cost to review a product we are producing for a client's promotional gift to avoid patent violation?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 13, 2020

The costs vary but it can be expensive. This is called a freedom-to-operate or clearance opinion.

See == https://www.flynniplaw.com/services/legal-services/freedom-to-operate/opinions

The first step is that a freedom-to-operate search needs to be done for issued patents that have...
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