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Questions Answered by Kevin E. Flynn
1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Q: Best way for me to go about finding out if there are any current patents or pending patents for my dry fly floatant?

Just not sure the best way to search before spending the time submitting a patent request and don’t have the funds to pay for anything if it is already patented.

Kevin E. Flynn
Kevin E. Flynn answered on Mar 25, 2020

Best starting place is to do some searching using Google Patents and the USPTO Search tools. My slide set at http://bit.ly/Patent_Searching has some useful tips.

Once you find one relevant patent on the topic, that one should lead you to other patents. Those patents will lead you to...
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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: What happens if I received my patent already and another person just received theirs but their filing date was earlier?
Kevin E. Flynn
Kevin E. Flynn answered on Mar 24, 2020

I used to work for a firm that defended the original Bell telephone patent court (long long before I was born). So I am well aware that improvements to a particular device such as a telephone may continue to come out for a hundred years or so. It is possible that your patent claims one set of... Read more »

2 Answers | Asked in Intellectual Property on
Q: Why trade secrets level of protection is considerably weaker than for patents?
Kevin E. Flynn
Kevin E. Flynn answered on Mar 23, 2020

Patents provide a heavy hammer to punish unauthorized use of an idea -- but only for a limited time.

Trade secret protection is valuable too. Ask Uber -- they paid $245 million to Google for theft of trade secrets on self-driving cars. The person that stole the ideas was criminally...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: Why is it not possible to maintain at the same time a patent and ensure non-disclosure of confidential information?
Kevin E. Flynn
Kevin E. Flynn answered on Mar 23, 2020

It is possible to go partway through the process with your proprietary information as a secret. However, if you let the patent application publish or you pay an issue fee to get a granted patent then your information becomes public knowledge. You have patent rights to protect the unauthorized use... Read more »

2 Answers | Asked in Patents (Intellectual Property) on
Q: I wish to patent a simple bandage that is not at all simple in its utility.
Kevin E. Flynn
Kevin E. Flynn answered on Mar 18, 2020

I suggest as a first step that you read some patents on bandages so that you can see the level of detail that is common and get a good feel for what sort of innovations have already been patented. \

My slide set on searching tricks may be helpful. http://bit.ly/Patent_Searching...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: When you file a patent in a jurisdiction, lets say US. But not in Canada. The prior art in US does not impact Canada

You have filed all your patents in the US. If you filed a patent in Canada, does the prior art in the US affect the prior art in Canada during examination?

Kevin E. Flynn
Kevin E. Flynn answered on Mar 14, 2020

With respect to a printed publication or a patent application, the impact is not limited by national borders.

There may be instances where the US laws on the one year grace period means somethings are not prior art in the US but are prior art in other countries (like a post by the...
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2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Looking to know if I violated a patent

I want to start a distribution of a product I manufacture out of the states and need to know if I dont violated some patents I found online that belong to a similar company such as mine

Kevin E. Flynn
Kevin E. Flynn answered on Feb 25, 2020

First Question is whether you will be doing anything in the United States.

If your clients are not taking delivery in the US and you are not making the product in the US, then you may not need to worry about a US patent.

On the other hand, looking for US patents is often a quick...
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1 Answer | Asked in Patents (Intellectual Property) for Utah on
Q: A guy says I’m infringing on his patent but I don’t believe I am. I also don’t want to go to court over it.

I looked up his patent and it is for something different but one piece could be in his patent? Not sure where to go from here.

Kevin E. Flynn
Kevin E. Flynn answered on Feb 20, 2020

Step one is you need to work with a patent attorney to dive deeply into the patent and make a detailed comparison of the independent claims to your product. This is often called a claim chart and this work is called clearance or freedom-to-operate analysis.

If you clearly do not have one...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: May I know what type of patent the patent 8,395,875 belongs?
Kevin E. Flynn
Kevin E. Flynn answered on Feb 18, 2020

The general type of patent is an issued United States Utility Patent (not a design patent and not a plant patent).

The claims are written a number of different ways but they cover articles of manufacture that have a feature to protect electrical components from excessive electrical surges....
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Q: I don't understand specific language in an NDA I'm being asked to sign. Can you help? (See More Information section)

A company wants me to sign an NDA before I submit a product idea to them (I'm a Product Developer). I'm not clear on what this means and it concerns me a bit: "Each party hereby expressly acknowledges and agrees that any failure to comply with the provisions of this AGREEMENT will cause irreparable... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Feb 13, 2020

I agree that you need to have the entire agreement looked at by an attorney that is familiar with NDA agreements. Sometimes there can be interplays between a definition on one page and a section on another page so providing advice on a snippet of the agreement can lead to trouble.

Given...
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1 Answer | Asked in Patents (Intellectual Property) for Minnesota on
Q: I believe my patent is being infringe upon.US Patent #: 7631814 Is my patent still active

I believe my patent is being infringe upon.US Patent #: 7631814 Is my patent still active

Kevin E. Flynn
Kevin E. Flynn answered on Feb 12, 2020

US Patent No. 7631814 for Portable Sports Equipment Scent Dispersion Apparatus is listed in Google Patents as expired for failure to pay a maintenance fee. If you are the patent owner and the failure to pay the maintenance fee was unintentional, this can be fixed.

Ideally, a patent...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: How can this patent be valid, my father is listed as inventor, he died in 2015 patent was filed 2018. Is patent invalid?

My father Ian Ripley was the inventor and the origin of the technology used in this patent. He died in 2015 yet he is listed as the inventor in this patent which was filed in 2018, how is this so given the fact my father was not alive at time of filing? We have had issues with other patents this... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Feb 8, 2020

I am sorry that your father is no longer with you.

With respect to filing a patent, if the rights to the invention were passed on to a third party, then those rights can be used to file a patent even after an inventor's death. There are processes for handling this.

You can look...
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2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Virginia on
Q: Can you use the phrase Monday night raw even though it’s a WWF show?

If one wanted to use it within the title of their own work. Is this a patent, trademark, or copyright issue?

Kevin E. Flynn
Kevin E. Flynn answered on Feb 5, 2020

This is not a patent issue.

Kevin E Flynn

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2 Answers | Asked in Patents (Intellectual Property) on
Q: Arconic has a patent on the specific shape of a aluminium truck wheel. How can I find this?

We have a similar rim but want to ensure we dont infringe on any patents. My supplier tells me, the patent from ARCONIC / ALCOA has expired.

Kevin E. Flynn
Kevin E. Flynn answered on Feb 3, 2020

It is very possible that a patent on a rim would be a design patent which might elude a text based search.

If you can view their truck rim in a store, it may have the patent number on the rim or on the packaging. That is the low tech and easy way to check.

A second good way to...
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2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: can i use a patented tool?

I have a brand and I want to put out a product called the universal socket. I just found out there's a patent on this product, but could I still use it? Do I have to pay in order to use the patent?

Kevin E. Flynn
Kevin E. Flynn answered on Jan 23, 2020

There are several questions to be answered. This will require a patent attorney but you should know the range of issues.

1) Has the patent expired at the end of its term or lapsed early for failure to pay a maintenance fee?

2) Will the patent expire soon so that you can start...
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1 Answer | Asked in Patents (Intellectual Property) for Alaska on
Q: I'm researching existing prior art (using Google Patents), & I've been having a hard time with the "Application Events."

Here's an example:

2006-09-19: Application granted

2020-01-15: Application status is Expired - Fee Related

2024-05-04: Adjusted expiration

My question is re: the last two lines. Is the expiration truly now 2024, not 2020? I'm just not sure how those fields are... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jan 15, 2020

Google is not the definitive record. If you have anything that looks odd, you need to go to the official record which is accessible by https://portal.uspto.gov/pair/PublicPair

I hope that this helps.

Kevin E Flynn

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Louisiana on
Q: I'm looking into starting up a mobile home roofing business and was wondering if there were any patents on permaroofs?

Specifically any patents on permaroofs under the last name Black or Southern Builders out of El Dorado, Arkansas. Also there is Southern Builders out of Lebanon, Tennessee.

Kevin E. Flynn
Kevin E. Flynn answered on Jan 14, 2020

There is a place to register patent assignments at the USPTO just like you register title to a piece of property. Not everyone does this but most people do and there are incentives to register assignments for certain types of patents. You can look for the the assignee names here --... Read more »

Q: Ok..this idea was originally stole from me by inventionland or davison. We live in a habitat for humanity home....

Now I was told christmas and my birthday the patent along with the buisness is mine I'm ne ceo.... now theres patents for humanity my land lords surely cant steal my riches and my buisness... there're non proffit.... for one thing. And for 2 none of this was or is possible with out me its caused me... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jan 13, 2020

I am so sorry that you had a bad experience with this firm. I am not familiar with them, but that industry of helping inventors has many bad apples.

There are a number of invention promotion firms that take money from inventors and provide little or no value back. I do not know all these...
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1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: Mfrs offered a license agreement for my utility patent, 18% royalty but want me to pay them 8K to rep. Is that normal?

Non-exclusive, 2yr contract. They claim it is because they are taking all the risk. I already have product inventory, cads, engineering designs.

Kevin E. Flynn
Kevin E. Flynn answered on Jan 11, 2020

Your question is actually beyond the pure practice of acquiring patents. This is licensing (a form of contracts) and you should hire competent counsel that has negotiated a number of patent licenses. I would be leery of putting up money as you don't know if they will earn it. You may want to... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: Replying to Keven E Flynn, how do I go about working with you? what is the charge etc????
Kevin E. Flynn
Kevin E. Flynn answered on Jan 9, 2020

First step is for you to look at my web site www.FLYNNipLAW.com or my LinkedIn profile https://www.linkedin.com/in/kevinflynnpatentattorney/ to get some more information about me. Picking a patent attorney is a big step and you should make sure that you are picking someone that seems like a match.... Read more »

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