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Patents (Intellectual Property) Questions & Answers
2 Answers | Asked in Copyright, Business Law, Patents (Intellectual Property) and Trademark for Illinois on
Q: How am I supposed to handle a trademark infringement lawsuit if I think it's a mistake? pls read the "More Information"

Dear lawyer.

Unfortunately, I involuntarily found myself in an unpleasant situation and I would be happy for your help. I have an account at Marketplace site, where I sell products from a variety of different suppliers. A few days ago, an e-mail was sent to me from a lawyer (on behalf of... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 3, 2021

You can be dragged to an American court by virtue of you selling here.

There are different tools to deal with the lawsuit if you think it is an error.

You need to consult with an attorney review all the documentation you have.

Best luck!

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2 Answers | Asked in Products Liability, Education Law and Patents (Intellectual Property) on
Q: I am having a idea regarding piezoelectric compression and generating electicity

Its regarding the high pressure creating between two plates with natural day to dya life machins ,which will produce us electricity

Kevin E. Flynn
Kevin E. Flynn answered on Aug 3, 2021

First, I would not share any additional details in a public forum.

Second, you are going to want to chose a patent attorney with the relevant technical background. I am not sure whether that is physics or material sciences. There are many patent attorneys with Ph.D. level of education in...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Would it be possible to patent a refrigerated tear drop style camper?

I would like to attempt a new business idea that would involve a utilizing a refrigerated tear drop camper style trailer and would like to know if there is any proprietary rights to this.

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Aug 2, 2021

It would be best to hire a patent attorney to do a patentability search. But in the meantime you may want to check databases such as Google Patents and the USPTO web site by entering the terms that best describe your invention.

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for New Mexico on
Q: Hello, I would like to file a patent, I did some searches and only came to this page as the main conclusion.

I have a logo that’s placed on shoe that I would like to patent

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 2, 2021

You are confused. You probably need to file for a trademark. Consult with an attorney.

1 Answer | Asked in Patents (Intellectual Property) for Washington on
Q: Patent: I want to patent a projectile based off the 9mm luger. Can I patent a projectile using the same dimensions?

The impact lead has on shooting ranges is devastating to the local environment. The goal would be to produce ammunition that could be used in common calibers. This ammunition would comprise of materials that could be broken down naturally and with low to no impact on the environment and ground... Read more »

Carl Massey Jr
Carl Massey Jr answered on Aug 2, 2021

Sounds like the composition of your projectile is what will be relevant. Dimensions would not seem to be the issue. If you're projectile composition is novel and nonobvious, then you may be able to obtain a utility patent. I'd be happy to discuss.

3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Good day! I would like to ask if my idea is something that needs to be patented. I have made a flashcard of the alphabet

Each letter in the alphabet corresponds to an animal and an emotion as well. The illustration on the flashcard shows the emotion on that animal. Example: A is for Ape. Then in the flashcard, it depicts of an ape what is Anxious. B for bear. Then the bear in the picture is brave. C for cat and the... Read more »

Bill Hulsey
Bill Hulsey answered on Aug 1, 2021

This may be a proper subject for a design patent.

Please watch the following YouTube:

https://www.youtube.com/watch?v=WZREm0_THVg

This may help.

Bill Hulsey

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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
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 Gaming, Intellectual Property, Patents (Intellectual Property) and Trademark for California on
Q: Are name variations of already existing companies legal?

I had an idea for a company that similarly operates in the same way as AirBnB. But it relates to Dungeons & Dragons, called AirD&D. The basic premise of the company would be that people could post locations that can be rented out for single or ongoing campaigns or game sessions that are... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 30, 2021

Maybe, depends

You need to have a consultation with an attorney

In general if the marks are in related areas, there may be a conflict

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: Does my business partner need to transfer his patent to our new LLC?

My business partner personally holds a patent for a safety product. We are forming an LLC to manufacture and sell the product. Is it necessary (or preferred) for him to assign ownership of the patent to the LLC? Can the LLC license the patent (to other manufacturers) without owning it? Is he... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jul 30, 2021

I won't give you final answers as this question gets beyond my national patent registration and touches on items related to Texas law. I am licensed in North Carolina and do not hold a state license in Texas.

I will give you some things to discuss with your attorney.

1) What...
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1 Answer | Asked in Patents (Intellectual Property) for Arkansas on
Q: If my boyfriend is 16 and I’m 18 and his mom doesn’t want us to be together but he still wants to be can she do anything
Kevin E. Flynn
Kevin E. Flynn answered on Jul 29, 2021

You sent this question out to paTents (inventions). There is not a category for paRents.

You may want to repost this under family law.

Kevin E Flynn

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: I designed and made a luggage rack for motorcycles, that has tracks to accept Milwaukee Packout. Am I violating patents?

I hope to market and patent my design, but I’m unsure of my legal justifications (patents)

Peter D. Mlynek
Peter D. Mlynek answered on Jul 28, 2021

Unfortunately, no patent attorney can give you an answer (or even a guess) without doing the necessary searches and other legal work. Sorry, but you will need to reach out to a patent attorney.

You will need some sort of legal opinion. You have two broad options. Firstly, you can get a...
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1 Answer | Asked in Patents (Intellectual Property) for Georgia on
Q: What are the laws concerning marketing products from said patent without both inventors signing the other rights?

If one of the inventors listed on the patent has died. Are his rights transferable to his heirs or does the other listed inventor have sole marketing rights?

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

Patent rights start with the inventors. The rights can be moved in their entirety through a type of contract known as an assignment. Many inventors are paid to invent by their employers and assign their inventions over to their employer. Rights can also be given to use the invention through a... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: This is our grandfather and we are getting zero royalties from any of his patents.

Please ask in person or on the phone.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 25, 2021

Consult with an attorney.

It will depend if your grandfather licensed or assigned his rights.

Also patents expire, so if it was long time ago, it is natural that the royalties stopped.

1 Answer | Asked in Patents (Intellectual Property) for Wisconsin on
Q: If I was to patent a swimsuit with built in spandex what legal barriers would I need to overcome?
Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Jul 22, 2021

You have to make sure that your product is novel and non-obvious over similar products and that you are not infringing other patented swimsuits. You should consult a patent attorney.

3 Answers | Asked in Estate Planning and Patents (Intellectual Property) for North Carolina on
Q: My Father passed,how do I find out if there’s anything in he’s estate for my sister and I. Thank you
Kevin E. Flynn
Kevin E. Flynn answered on Jul 20, 2021

This question was presented to attorneys that work on patents (inventions). There is not a legal category for pa r ents.

You may want post this as a probate question as it may be possible that your father did not do estate planning and the default rules will be applied.

This is...
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1 Answer | Asked in Patents (Intellectual Property) for Louisiana on
Q: If there is one person as the inventor on a patent and is deceased are his children entitled to any royalties off of it

Let's say several of these items are sold and one of the inventors is deceased does his children entitled to receive any royalties then and as of now

Kevin E. Flynn
Kevin E. Flynn answered on Jul 20, 2021

I am sorry that your inventor/parent has died. I hope he lived a full life and left you with many fond memories.

If the inventor worked for an employer, the chances are good that the inventor/employee assigned rights over to the employer and is not entitled to royalties. (Just like if...
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1 Answer | Asked in Patents (Intellectual Property) and Trademark on
Q: Hi, what does it mean when someone has an patent on a product?

I am wondering if someone has an patent on a invention, if you can not use 1 part of the invention and make it your own style. Like other material, other design, and add material to make it a ' better' version in your own perspective.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 12, 2021

Depends

A patent may be made up of parts that belong to somebody else, so even if you use only a portion, somebody else may have rights you are infringing.

Further, you can patent an improvement, but you may be barred from using it because it contains IP that belongs to others....
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3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: How long is a "patent pending" status good for and what happens after this period ?
Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Jul 8, 2021

"Patent Pending " means that an application for a patent has been filed for the particular product, system or method with the United States Patent and Trademark Office (USPTO). The status "Patent Pending " ends with the final disposal of the application by the USPTO, which... Read more »

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Q: How can I find patents filed on my truck?

I have good reason to believe my truck was modified for patents

Omar Darwich
Omar Darwich answered on Jul 7, 2021

You could consult with an attorney.

To be clear you believe your truck had aftermarket parts installed in order to somehow get a patent on the truck?

Q: how to make sure that shoes I'm importing from China to Ontario Canada are not infringing any copyright-patent?

I am talking about shoes that neither have logo of a famous brand nor their design is similar to a famous brand. (but who can be 100% sure that some part of the design is not similar to some brand design out there?!)

how can I firstly avoid infringing copyright and secondly - if it happens... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 7, 2021

You need a legal strategy and you should consult with an attorney for sure.

For one, you could put in your contracts a clause that they guaranty the title to any intellectual property.

Best luck.

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