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Questions Answered by Kevin E. Flynn
1 Answer | Asked in Patents (Intellectual Property) for California on
Q: How can I find out if someone patented a car motor in California.

My ex husband designed a car motor while we were married. He passed away in February and he was in dealings with a car company to sell his design. When he passed his roommates didn’t allow me or his mom to get his things. So I don’t have anything to prove it was his design unless I can find the... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Sep 17, 2021

I am sorry that someone you once loved intensely has died.

One place to look for an indication that your ex-husband assigned rights in an invention over to another entity is the assignment database -- https://assignment.uspto.gov/patent/index.html#/patent/search

A limitation of this...
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1 Answer | Asked in Patents (Intellectual Property) for New Hampshire on
Q: My dad has 2 pattens out. How do I know if they are being used and should he have gotten paid on them?

Patents by Inventor xx. xx has filed for patents to protect the following inventions. This listing includes patent applications that are pending as well as patents that have already been granted by the United States Patent and Trademark Office (USPTO).

Multi frequency stacked patch antenna... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Sep 15, 2021

It appears that your dad assigned his rights to Tyco. https://assignment.uspto.gov/patent/index.html#/patent/search/resultAbstract?id=6639558&type=patNum

Often this happens as someone is working for a company and they assign their rights over to their employer. Perhaps Tyco paid...
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1 Answer | Asked in Patents (Intellectual Property) for New Jersey on
Q: How can I find the patent for McDonald's original teflon ring apparatus for cooking the eggs for egg McMuffins?
Kevin E. Flynn
Kevin E. Flynn answered on Sep 9, 2021

You can either search for the rings or look at the patents that were assigned to McDonalds. It looks like they use a patent holding company Restaurant Technologies Inc.... Read more »

3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Iowa on
Q: I need to know if this is breaching a Patent.

For school, I am planning a a Solar Array for the roof a vehicle such as a Pickup Truck or Van. My idea is similar to an existing patent, Patent Publication Number 20180175785, however my idea is smaller in size, by more than half, and designed for a different purpose, renewable energy generation... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Sep 2, 2021

Whether your new design might obtain a patent is a serious question that is contingent on a lot of details. Not suitable for a comments on a web site. You need to talk to a patent attorney.

You also need to talk to the patent attorney on whether your proposed device would infringe the...
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4 Answers | Asked in Copyright and Patents (Intellectual Property) for Florida on
Q: I have a display patent from 1993 I'd like to know if there's some way I can update it ?
Kevin E. Flynn
Kevin E. Flynn answered on Aug 25, 2021

I am not sure what you mean by update. If you mean "renew", then the answer is no. You can renew other types of intellectual property, but patents have a limited life. (they can end even earlier if you fail to pay a maintenance fee).

If you mean "update" as in file a...
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2 Answers | Asked in Patents (Intellectual Property) for Maryland on
Q: If there are two names on a patent do both names need to be involved with the actions of the patent?

One of the people on the patent seems to be doing negotiatining with the said invention with out conferring the other name on the patent.

Kevin E. Flynn
Kevin E. Flynn answered on Aug 12, 2021

If by "names on the patent", you mean that there are two inventors -- then no.

The patent rights belong to the inventors unless the inventors assign their rights to someone else. Most patents have inventors that are employees that assign their rights to their employers. But...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Pennsylvania on
Q: one of the 2 inventors of an unassigned patent has died. Can the remaining inventor sell the patent?
Kevin E. Flynn
Kevin E. Flynn answered on Aug 5, 2021

First, I am sorry that your co-inventor whom I presume was a friend, has died.

If there are two inventors and there is not any signed agreement to consolidate the ownership rights, then the rights are still divided.

This would get into issues of estate law so you would need to...
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Q: Bout identity theft. Ant inheritance

My gmaw passed away an I was post to get one fifth of the inheritance. I was in prison. Now they say that it all got stolen an there is nothing I can do. I no my mom got my gmaw van n lost it n my sis got a few things I never received anything. They haven't ss# n all my info I think they might... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Aug 4, 2021

I am so sorry that this happened to you. Your question went out to attorneys that file patents for inventions. There is not a category for paRents which is what you may have been trying to hit. You may want to add Family Law to the category set.

You may want to contact Legal Aid near...
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3 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 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 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 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 »

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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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 ?
Kevin E. Flynn
Kevin E. Flynn answered on Jul 9, 2021

To augment the useful answer already provided by Ms. Di Nola-Baron, let me add that the period that an application is pending varies greatly. If you expedite the process, it is possible to get a patent granted and issued within a year. The US government thinks that if the process takes more than... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Why my patents or patent applications are not updated on time?
Kevin E. Flynn
Kevin E. Flynn answered on Jun 21, 2021

It is not clear what you are asking. Patents do not get updated. There is a maintenance fee that is paid three times during the life of the patent.

There is a process to correct errors in the issued patent but that usually results in a separate piece of paper called a Certificate of...
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2 Answers | Asked in Business Law and Patents (Intellectual Property) for Michigan on
Q: If a product has a similar purpose as another BUT it is a different design and material is a patent infringement?

My mother sews and saw a product a few years back that was neat - She thought it would work better with a different design and material - however it serves the same purpose - the other company that has a patent-pending on it contacted us today and I was curious where we can find the exact info on... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jun 17, 2021

The rights provided in an issued patent are very specific. The rights are to preclude others from doing what is in one of the claims. To infringe a claim, one needs to do everything in the claim (or a legal equivalent to what is in the claim).

This gets tricky. If a patent owner has...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: D845064- is this just a lid patent? I see many cups with this same design.
Kevin E. Flynn
Kevin E. Flynn answered on Jun 15, 2021

Great question.

I looked at the patent. I agree, there is very little that strikes my eye as novel. Keep in mind that this is a design patent not the much more powerful but hard to get utility patent. This design patent does not preclude people from having a threaded top with a place for...
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2 Answers | Asked in Contracts, Copyright and Patents (Intellectual Property) on
Q: Hello I am very intrested in knowing what procedures I must undertake in order to have/ buy the patent of build a bear?

Since I am thinking in investing in my country Albania?

Kevin E. Flynn
Kevin E. Flynn answered on Jun 15, 2021

Mr. Mlynek's answer was perfect. Let me drive home one point. A patent is a right to exclude within the country that issued the patent. So a US patent would cover things made, sold, or used in the US. That would include something made Albania and imported into the US or something made in... Read more »

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