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Questions Answered by Stephen Kontos
1 Answer | Asked in Copyright and Intellectual Property on
Q: Hi there, I am a content creator on Instagram. My content has been flagged for false DMCA and copyright strikes.

I am a content creator on Instagram and recently, my own artwork was flagged as infringing the copyright of a third party. Instagram shared the details of the third party that flagged my own artwork for copyright; and it linked back to two domains. mailvat.com and mailvs.net. I did some research... Read more »

Stephen Kontos
Stephen Kontos answered on Oct 26, 2020

Instagram should have provided you with instructions for submitting a counter-notification. Instagram should restore your content if the third-party doesn't reply, which it sounds like they won't since they used disposable domains.

DISCLAIMER I'm not your attorney. This...
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3 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: If an invention company gets a patent on a potential clients idea. Does the client have any legal rights for the idea?
Stephen Kontos
Stephen Kontos answered on Oct 22, 2020

It depends on the agreement with the invention company and whether the inventor assigned his or her rights to the invention company. Inventions in the United States are patented under the name of the inventor. But inventorship and ownership are different questions. If the inventor transferred... Read more »

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3 Answers | Asked in Contracts, Copyright and Patents (Intellectual Property) for Texas on
Q: How can I go about researching to confirm my new idea doesn't copy someone else's patent.
Stephen Kontos
Stephen Kontos answered on Oct 19, 2020

You should consult with an experienced patent lawyer. This is not something you should try on your own. Determining whether you infringe a patent is complicated and best left to professionals. A patent lawyer can help you find the relevant patents in your industry and advise you during product... Read more »

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2 Answers | Asked in Trademark for Utah on
Q: If my product is not one listed in 'goods and services' can I still use the trademarked word?
Stephen Kontos
Stephen Kontos answered on Oct 5, 2020

It's possible, but you should talk to a trademark lawyer to confirm. If the federal registration does not list your particular goods or services, the owner of the mark may have acquired state or common law rights with respect to the mark used with your intended goods or services. The federal... Read more »

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1 Answer | Asked in Patents (Intellectual Property) on
Q: How to file patent for mathematical theoretical invention
Stephen Kontos
Stephen Kontos answered on Sep 18, 2020

Like all abstract ideas, mathematical formulas are not eligible for patenting in the United States. If you invented a product that uses the mathematical formula, it might be eligible for patenting so long as you can meet additional legal thresholds. My recommendation is to consult with a patent... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: When there are 2 entities under Assignee, for example "X, Y" Can X use the patent independently from Y or needs agrment
Stephen Kontos
Stephen Kontos answered on Sep 18, 2020

It depends on the agreement between the entities. Unfortunately, there's no way to know what each entity is permitted to do based on the text printed on the first page of the patent. For example, if the patent was sold, the Assignees listed on the front page would not be updated to reflect the... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: is patent # 6530731expired? if not when does it? Thank you
Stephen Kontos
Stephen Kontos answered on Sep 16, 2020

Google Patents shows that the patent you indicated has not expired. The expiration date shown in Google Patents may or may not be accurate. Confirming the expiration date will require some investigation. You should consult with a patent lawyer to be sure.

Also, keep in mind that there are...
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2 Answers | Asked in Patents (Intellectual Property) for Oregon on
Q: Have an idea for an athletic footwear design that I believe is unique and functional. Has it been patented?

How much should I plan on spending to learn if this idea is, in fact, unique? Whom should I contact? Patent attorneys? How much money should I anticipate spending to create a patent as to protect my idea before I present it to major manufacturers?

Stephen Kontos
Stephen Kontos answered on Sep 14, 2020

Here is an article about setting a patent budget: https://patentxp.com/patent-budget-2/

Most patent applicants will pay somewhere between $15k-$40k per utility patent application. That amount will be paid over the 2-4 years the application is pending with periodic government fees due after...
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