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Questions Answered by Kevin E. Flynn
1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Renewal fees have been missed on a patent due to financial limitations of owner. How can the patent be reinstated?

Late period from renewal due date is less than six months.

Kevin E. Flynn
Kevin E. Flynn answered on Sep 19, 2019

I do not think that the lapsed patent can be reinstated in accordance with the rules as the failure to pay was not unintentional under USPTO guidelines.

Traditionally, not having the money to pay a fee was not considered a reason that something was unintentional. See

C....
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1 Answer | Asked in Copyright and Patents (Intellectual Property) on
Q: Hi, I am based in South Africa and from what I have learnt, Software cannot be patented or is this only in South Africa

I'm working on creating a new digital file type that does some unique things but I would like to know if there is a chance for this file type to be patented? If so how do I go about it?

Kevin E. Flynn
Kevin E. Flynn answered on Sep 19, 2019

I do not know the rules in South Africa. Software can be patented in the United States but normally the patent is on how the software makes the computer or related equipment do their jobs better. A new digital file type may fall under this category.

It is much harder than it used to be...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: Hi I am looking for the patents which describe the steam activation carbon production methods?

Could you please let me know how can I access to the last patents in the above-mentioned area?

Kevin E. Flynn
Kevin E. Flynn answered on Sep 19, 2019

You can use Google Patents or the USPTO search tool. There are other tools and some that focus on patents or patent applications filed outside of the US but these two are where I would normally start.

Here is a link to some tips on using these tools. http://bit.ly/Patent_Searching...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: There is significant public domain prior art pertaining to this patent application how should it be submitted?

US 2019/0260252 A1 - I cannot find an international application number to submit a third party observation through ePCT. Thank you.

Kevin E. Flynn
Kevin E. Flynn answered on Sep 16, 2019

I have not looked at the cited published application but here is information to get you started.

Monitoring recently issued patent applications is smart. It allows an opportunity to submit relevant prior art for consideration by the Patent Examiner see...
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1 Answer | Asked in Products Liability, Business Formation and Patents (Intellectual Property) for Florida on
Q: can you help me find the seed money to make my parent 7571681 presentable? I need a Angel investor? A Grant wrighter?

My only income is my SOCIAL SECURITY DISABILITY CHECK I AM OPEN TO ALL POSSIBILITIES.

ERIC TRUMP EVEN ASKED ME TO SEND HIM A BUSINESS PLAN Based on my patent 7571681 four patent in one.

RR Tie replacement on the run

Recycling the old RR ties

Recycling the spikes... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Sep 10, 2019

Raising money is a skill. Most patent attorneys do not have that skill. You may want to get some free advice and some introduction from this state agency...http://floridasbdc.org

I hope this helps

Kevin E Flynn

1 Answer | Asked in Patents (Intellectual Property) on
Q: Hi we would like to purchase the domain name - www.woodyads.com.

Hi we would like to purchase the domain name - www.woodyads.com.

we operate a studio for video ads.

is there any risk with this name because it can be related to the name Woody Allen

Thanks in advance

Kevin E. Flynn
Kevin E. Flynn answered on Sep 6, 2019

So sorry, this question was routed to the patent attorneys. It is a trademark question. You may want to ask the question again to trademark attorneys.

Regards,

Kevin E Flynn

1 Answer | Asked in Patents (Intellectual Property) on
Q: Are any of the Superfeet patents infringing on this patent 6594922 by Anthony Wyatt?
Kevin E. Flynn
Kevin E. Flynn answered on Sep 3, 2019

Technically, a patent does not infringe on an earlier patent. You are free to file patents on improvements to an earlier issued patent.

You may not be able to make your improved product that is subject of the later patent until the earlier patent has expired or lapsed.

I have not...
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1 Answer | Asked in Business Law, Intellectual Property and Patents (Intellectual Property) for Georgia on
Q: Can new [patented] products limit their legal, public usage if intended for advertising?

Have a product idea, but wondering about some marketing kickbacks, so I'm going to use an example to explain what I mean...

Pretend I invented baseball caps and patent the product. Everyone decides they like them, so people buy and use them. Suddenly, a large corporation wants to put their... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Sep 2, 2019

If you have sufficient bargaining power, you can sell your product to individuals with a different deal to different groups.

So you can license one company to get the hats with a logo but you might control that you would be paid to apply to logo to the hat and build the profit margin in....
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Q: How do I search for a patent granted to a young William Gates III between the years 1967-71 for a silicon chip or proces

I believe it to be a patent I sent him to the patent office with.

Kevin E. Flynn
Kevin E. Flynn answered on Sep 2, 2019

This is not easy as the USPTO tools for searching fields such as name do not apply to patents from that time frame.

The assignment database goes back to 1980. The full text search tool on USPTO goes back to 1976. While the images of the earlier patents can be retrieved by patent number,...
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1 Answer | Asked in Patents (Intellectual Property) for District of Columbia on
Q: There is a product I want to rebrand, I cannot find a patent on this item. Is this possible?
Kevin E. Flynn
Kevin E. Flynn answered on Sep 2, 2019

It is possible that the product you are looking at is not covered by a current patent.

The best place to start is with the product itself and the packaging that comes with the product. There is an incentive to mark the patent number on the product or at least a web page address that...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: What distance is defined as remote in relation to remote configuration?

how far away does something have to be to make it remote? and if is is connected by cables i.e. a computer to a tv, is this classed as remote?

Kevin E. Flynn
Kevin E. Flynn answered on Aug 28, 2019

Your question which seems narrow is actually at the heart of patent claim interpretation. In the United States, there is a hierarchy of sources for answering this question. The highest tier is what the applicant expressly wrote in the application or in the written record of arguments made to the... Read more »

1 Answer | Asked in Patents (Intellectual Property) and Trademark on
Q: I have a ramp from a pinball machine that was made by data east. The plastic ramp is broken.

I was looking to make another ramp or have one made and I don’t want to infringe on any patents. This plastic ramp has no mechanisms, no moving parts and is literally just a piece of plastic. There are mechanisms that attach to the ramp but I am not making any of those. Just the plastic ramp.... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Aug 27, 2019

You should be OK as long as this piece is not special and does not have a patent just on that piece. A person that has purchased a patented item can make repairs. There is a limit and you cannot do such massive repairs to a totally worn out item that you are effectively replacing the original... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: When does a patent have to be renewed from filed date or date of patent i forget

Not sure when time goes by date filed or date granted and how iften again 3 years 7 and 12?

Kevin E. Flynn
Kevin E. Flynn answered on Aug 27, 2019

Maintenance fee window opens 3 years from issue date of patent. The window closes 4 years from the issue date. The process repeats at year 7 and year 11.

Purposeful failure to renew causes the patent to lapse. Unintentional failure to pay during the window can be fixed with payment of...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: hello, is there any patent about changing phase in welding machines?
Kevin E. Flynn
Kevin E. Flynn answered on Aug 19, 2019

Short answer is that I do not know.

Good news is that there are several free online tools to do patent searching. I gave a talk on these tools

October 2016 presentation at the RTP Frontier as part of the lecture series for Triangle TechBreakfast. Teaches entrepreneurs on how to...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: Is it possible to patent a voyage?

A thematic cruise route spanning over 4 continents and 10 cities.

Kevin E. Flynn
Kevin E. Flynn answered on Aug 16, 2019

This does not sound like a fit for the patent system.

35 USC 101

Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Does a patent done in the US cover all parts of the world? Does the patent for wighat D814149 extend outside the US?

I want to know if a patent done in the US protects the design in other parts of the world.

What happens if someone else outside of the US also has same idea? Can they go on and bring their idea to life if they're in another part of the world, say West Africa?

Kevin E. Flynn
Kevin E. Flynn answered on Aug 6, 2019

A patent only applies in the country or regional group that issued the patent. A patent applies to things made in that country and to things brought into that country. If a product is created outside the US and never enters the US, then a US patent is not relevant.

Many companies will...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Are Patents issued in the UK restricted to the UK or do they cover all of the EU? What is the life of a patent?

What happens if patent holders allow other competing products on the market that conflict with an existing patent(s)? How many years can thes competitive products be allowed on the market before the Patent becomes unenforceable?

Kevin E. Flynn
Kevin E. Flynn answered on Aug 5, 2019

A UK patent is a UK patent. There is not yet an EU patent. You can get your patent application examined by the European Patent Office so you only have to do that work once, but the allowed EPO claims are then validated in individual EPO countries such as the UK. So one patent application may end... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: Am I able to manufacture an item similar to this patented design without repercussions?
Kevin E. Flynn
Kevin E. Flynn answered on Aug 5, 2019

Your question as conveyed did not include the patent number. But you said design. If the patent is a design patent, (rather than the more common utility patent), then that is normally pretty narrow coverage to keep someone from selling a product that looks confusingly similar to the patented... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Arizona on
Q: In claim construction should you use "or" before the phrase "combination thereof?" Some say avoid "or."
Kevin E. Flynn
Kevin E. Flynn answered on Aug 3, 2019

Or is a red flag to Examiners so try to avoid it. Sometimes you cannot.

Not sure where you are getting the verbiage "or combination thereof" . That is not a standard way to write a claim. A quick search of US patents found many thousands with the word "combination" in the claims. But...
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1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: If I want to design a stick such a stick would be for youth what sort of parent would I need and how would I go about it

I have the perfect idea because my son is a coach and many youngsters have given him ideas how do I go about it ?

Kevin E. Flynn
Kevin E. Flynn answered on Jul 30, 2019

A good place to start is to look at patents for analogous products. That will help you understand what is already patented and how much effort it takes to secure a patent. My slides at http://bit.ly/Patent_Searching will give you some tips on patent searching using free tools.

The patent...
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