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Questions Answered by Kevin E. Flynn
1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: How should I know what is patent design and what not.

I'm developing a game and it's purpose is to simulate the real life in all of it's aspects, from driving a car to lead a billion-dollar company. I need to use a lot of vehicles (cars, trucks, trains, planes, ships...) and they are based on real life ones. For example, I have a Dodge... Read more »

Kevin E. Flynn
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Kevin E. Flynn
answered on May 26, 2022

I doubt that this is a patent question. I would be shocked if Dodge had a design patent on a virtual image of any of its automobiles. Their patents for things in the real world don't apply to images rather than actual automobiles.

Note that phone manufacturers can and do get design...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: If a company is using a patent I am named as an inventor, can I receive compensation for its use?

A large company is using my patent in their highly successful product without any request for my approval or agreement to compensate myself or the other inventors. Would it be possible to ask for retro active payments for the previous life of said product, or sue them for patent infringement?

Kevin E. Flynn
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Kevin E. Flynn
answered on May 23, 2022

Were you employed by this large company when you made the invention? Did you sign paperwork to assign the rights to the invention over to the large company or to some other company which may have passed rights or licensed the large company?

Inventorship and ownership are different things....
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1 Answer | Asked in Patents (Intellectual Property) on
Q: how long does it take to have a patent granted based on the publication date? (lets say for a new toothpaste)

for fda

Kevin E. Flynn
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Kevin E. Flynn
answered on May 20, 2022

The publication of a patent application and the examination process are not tied. An application is usually published in the US at 18 months after the earliest priority document (this would include an earlier provisional application) but it could be as early as a few months after filing the... Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: where are the figures of the patent SYSTEM AND METHOD FOR FIRE SUPPRESSION VIA ARTIFICIAL INTELLIGENCE?
Kevin E. Flynn
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Kevin E. Flynn
answered on May 12, 2022

I don't use Justia to search for patents so I do not know that interface. There are other tools that allow you to find patents including Google patents https://patents.google.com/

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: How long does it take for a patent to expire? Animal gate latch mechanism Patent number: 4962953
Kevin E. Flynn
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Kevin E. Flynn
answered on May 11, 2022

This patent expired 20 years after filing for an expiration date of January 31, 2010.

Kevin E Flynn

1 Answer | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Texas on
Q: Is it legal to use screenshots from software I've purchased, in training course material I create and sell - screenshots

only, not the software itself - without compensation to or permission of software seller?

Kevin E. Flynn
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Kevin E. Flynn
answered on May 3, 2022

There is not a patent question here. This is a question of your end user agreement and possibly copyright law.

1 Answer | Asked in Patents (Intellectual Property) and Trademark for California on
Q: Do I need a patent if i'm building an app in a new space that doesnt't exist yet?

I'm building an app in an industry that hasnt changed in ages and I want to know if i might need an IP attorney to help file a patent? I realize that i'm being extremely broad but i'm trying to figure where to start. I researched some companies who filed patents like AirBnB,... Read more »

Kevin E. Flynn
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Kevin E. Flynn
answered on Apr 25, 2022

If you are devoting a substantial amount of time or money into this project, then it is a good use of your time to talk with a patent attorney that files patent applications for apps. There are special obstacles in seeking patents in that space so you need some frank advice from someone that has... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Ohio on
Q: A low income elderly lady submitted her "invention" to a company for them to get a patent for it. The company has been

the company has been drawing on her bank account monthly, for several years. How can she get her money back. The "invention" is not worthy of a patent and she should have been notified of that. She is living on government checks and unable to work. What can she do?

Kevin E. Flynn
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Kevin E. Flynn
answered on Apr 20, 2022

This is not an isolated case. Many people of limited means are encouraged to file patent applications that are on a path to nowhere by invention promotion firms. The federal government is aware of these firms. You can file a complaint, and find other useful information via the links at this... Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: Am I allowed to improve what is already patent and paten my modification to an existing item?
Kevin E. Flynn
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Kevin E. Flynn
answered on Apr 20, 2022

People file patent applications with improvements on previously patented inventions every day. The Bell patent on the telephone was issued more than 100 years ago. People are still patenting improvements to the telephone.

Now you may have to worry about whether the earlier patent is...
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1 Answer | Asked in Criminal Law for Texas on
Q: Yes if I’m invited my boyfriemd inside of my house and Mymother calls police Can he get into trouble for being here?

It’s my mothers house but I’ve been staying here for over 20 years

Kevin E. Flynn
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Kevin E. Flynn
answered on Apr 12, 2022

This question came to me a patent (invention) question. It is not.

You may want to list this as a criminal law question as the police are there to enforce criminal laws such as trespass or violation of an order to not be someplace.

I hope that this helps.

Kevin E Flynn

Q: Can this device be re-patented and re-made since the devices patent is expired
Kevin E. Flynn
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Kevin E. Flynn
answered on Mar 30, 2022

Mr. Mlynek is correct.

However, that does not close the door on patenting an improvement to the old device. But the improvement needs to be enough to merit a patent. In other words, the change needs to be sufficiently inventive that it would not be an obvious change to a person of...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: How do I write a patent, what items should be considered in it?
Kevin E. Flynn
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Kevin E. Flynn
answered on Mar 25, 2022

I do not think it is a good idea for you to draft and file a patent application without the help of a patent attorney. Some people do so and the USPTO can be somewhat generous in helping DIY applicants but there is a great risk that you do not know what you do not know and you will lose important... Read more »

1 Answer | Asked in Consumer Law, Products Liability and Patents (Intellectual Property) on
Q: New idea what is the first thing I Should do?

It's an universal product

Kevin E. Flynn
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Kevin E. Flynn
answered on Mar 22, 2022

I give talks to entrepreneurs all the time. One of my slide sets emphasizes that there is no harm from getting in contact with a patent attorney early. But there can be serious consequences to waiting until it is too late to preserve both US and non-US rights.

So reach out to a patent...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: See if we can contest will Decesided mother wrote will before 2005, saying we took loan from her. We paid but she never

Updated. After such a long time we can't prove. Trustee said she found we paid on it. But wouldn't show us. She deducted amount from inheritance. Can we get the money?

Kevin E. Flynn
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Kevin E. Flynn
answered on Mar 4, 2022

This question was posted to Patent Attorneys that deal with inventions. I assume that you meant to post to attorneys that deal with parents. You should post again but seek input from attorneys that do "Estate Planning" as these folks handle wills and challenges to wills.

Good...
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1 Answer | Asked in Copyright and Patents (Intellectual Property) on
Q: how can i get NOC from inventor to manufacturing inoculum

i would like to manufacture a product which is already patented,how to get it

Kevin E. Flynn
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Kevin E. Flynn
answered on Mar 3, 2022

This is not a copyright question. Technically, this is not a patent question. To get a license from an owner of a patent, you are getting a form of a contract. Contracts are an issue of state law so you should find a business attorney that writes licenses and contracts.

The owner of the...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: How do I find out if the above patent is still live ? As I have heard it expired ? If so, can I purchase expired grants?
Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 28, 2022

Justia did not pass along the patent. But in general, you can use USPTO Public PAIR to check on what has happened to a patent. https://portal.uspto.gov/pair/PublicPair

Note that the USPTO is fairly liberal in allowing a patent owner to say that failure to pay a maintenance fee was...
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1 Answer | Asked in Patents (Intellectual Property) for Illinois on
Q: If I’m a minor and my dad hits me and I report it. Why do I have to return to my household? Does it mean it’s not serio?

Will my dad serve time if cpfs says we just need family therapy?

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 28, 2022

I am so sorry that you are having this problem but you posted your question to PaTent attorneys that deal with inventors and inventions.

You need to post this question to people in your state that know the relevant material. I suggest that you start with Family Law. There may be other...
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1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: Can you review a patent following rejection by examiner?

This is an utility invention for the bicycle

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 17, 2022

While a few patent applications are allowed the first time that the Examiner reviews the claims, it is very common for a patent attorney to review the rejections from the Examiner and do one of three things.

1) Explain to the examiner in the next written response, why the arguments made by...
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2 Answers | Asked in Patents (Intellectual Property) for North Carolina on
Q: the first step in obtaining a patent?

i have a product that is needed? what is my first step?

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 16, 2022

I love for all my clients to read some patents in their space. That way they know what level of detail goes into a patent. Here is a link to my slide set that teaches entrepreneurs how to use free tools to look for relevant patents and applications. https://bit.ly/Patent__Searching

The...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: Is the person who did the most experiments of the patent has the right to be on the patent inventorship?

In addition to doing the experiments, he was also responsible for designing the experiments and analysis, interpretation and presenting the data.

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 6, 2022

An inventor is someone that contributed an inventive suggestion that ended up in the issued claims for a patent. So it is not necessarily a list of the people that worked the hardest on the project.

Just as there are different skills between an architect and a bricklayer, a project to...
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