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Questions Answered by Kevin E. Flynn
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 »

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: if I had an idea for a shape of bandage using hydrocolloid composition for a specific condition, could it be patened?
Kevin E. Flynn
Kevin E. Flynn answered on Jan 9, 2020

The short answer is maybe.

The answer hinges on how close what you are proposing is to things already done or suggested by those of ordinary skill in the art of treating that condition or in making bandage products. While relevant prior art is not just patents and published patent...
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Q: Are we allowed to file and own a patent while working for a company? The patent is not related to the company field.

Our contract mentions

"conceives, creates, invents, designs, develops, contributes to or improves any works of authorship, inventions, materials, documents or other work product or other intellectual property, either alone or in conjunction with third parties, at any time during Service... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jan 7, 2020

This question comes up all the time. You will need to take the contract and employee manuals that deal with the duty to assign inventions to an attorney in the state where you work. There are some states that have limits on the scope of this mandatory assignment clause for employees.

It...
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1 Answer | Asked in Patents (Intellectual Property) for South Carolina on
Q: How do I go by finding out who patent my daddy oil.

He had a stroke and we trying to find the lawyer who patent it for him.

Kevin E. Flynn
Kevin E. Flynn answered on Jan 7, 2020

I am sorry that your father had a stroke. I hope he recovers fully and quickly.

You can start with https://patents.google.com/ and type in the legal name your father would have used in signing legal papers (does he use a middle initial or a middle name). Google will offer you the option...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: I filed a provisional patent for this. Do I have any protection with this? May 17 file date for walmart

I filed my provisional patent march 14 2016> They are only good for a year I believe...

Kevin E. Flynn
Kevin E. Flynn answered on Jan 2, 2020

If you filed a provisional patent application on March 14, 2016 and took no further action, then that provisional patent application expired. An expired provisional application that was not used as a priority document for a later patent application gives you no rights to exclude others.... Read more »

2 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Louisiana on
Q: HELLO, I RESPONDED TO THE ABANDONMENT EMAIL WITHIN TIME ALLOTTED BUT HAVE NOT RECIEVED REPLY FROM USPTO. WHAT'S NEXT?

https://music.apple.com/gb/album/my-side-of-the-tracks/53532522

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

It would be a bad idea for me to guess what led to the abandonment and what response you filed. It would be a good idea for you to contact the USPTO help desk as they can look into the electronic file and let you know the next step.

You can call 571 272 4200 ( they have several phone...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Hi, Grant here. Thank you for your time. I am asking if Permethrin or N-MethylPyrrolidone are still under patent.
Kevin E. Flynn
Kevin E. Flynn answered on Nov 22, 2019

I do not know. But I do know that entrepreneurs can do their own searching using Google Patents, and other tools hosted by patent systems. I teach entrepreneurs how to use these tools effectively using these slides http://bit.ly/Patent_Searching . I hope this helps.

Kevin E Flynn

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1 Answer | Asked in Patents (Intellectual Property) on
Q: We would like to identify how we can come in contact with the patent holder and whether we can license/purchase it
Kevin E. Flynn
Kevin E. Flynn answered on Nov 16, 2019

The United States Patent and Trademark Office maintains a database of who owns the patents. https://assignment.uspto.gov/patent/index.html#/patent/search You can look up who is listed as owning the patent of interest. The contact information may not have been updated since the ownership moved... Read more »

2 Answers | Asked in Copyright and Patents (Intellectual Property) on
Q: does this patent apply globally? are there any exceptions?
Kevin E. Flynn
Kevin E. Flynn answered on Nov 13, 2019

Your question did not provide the specific patent number but I can answer anyways. There is not a global patent. Patents are issues by a country (or in rare instances a region) and only apply to actions in that location.

A United States Patent Applies to the United States.

A...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Hi, can I check who has purchased a patent from an inventor?

I am dealing with an unscrupulous inventor who tries to sell his software patent. He tries to sell it with development done by a 3rd party. That 3rd party has already confirmed to me they are not interested in working on it, because the inventor is ineligible. Also, I was hired by the inventor to... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Nov 12, 2019

Once the patent issues or a patent application is published, then you should be able to see details in the assignment database at https://assignment.uspto.gov/patent/index.html#/patent/search . You will also be able to see the relevant information in Public PAIR once you know the application... Read more »

2 Answers | Asked in Copyright and Patents (Intellectual Property) for Kansas on
Q: Can i incorporate the use if one patent (ie toy ) as primary subject in another patent if outcome provides new service

Move object from point A to point B using a patented toy to made life easier

Kevin E. Flynn
Kevin E. Flynn answered on Oct 29, 2019

Many patented processes use patented components in the process. Sometimes the company seeking the patent on the process owns the patents on the tools or components used in the process, sometimes they do not. It does not matter.

That said, your own idea will need to meet the test of being...
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1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Q: How do I obtain a patent for a tool I invented? Its a mechanics tools?

I have requested the services of a patent company, but was warned by an attorney to check into it myself.

Kevin E. Flynn
Kevin E. Flynn answered on Oct 21, 2019

It is at least possible that there is a patent services firm that is worth the money so I won't say that all are bad. However, that group of companies has a horrible reputation.

There are a number of invention promotion firms that take money from inventors and provide little or no value...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: I have to assign a Patent to my old Enterprise. Do they have to pay for This to me?
Kevin E. Flynn
Kevin E. Flynn answered on Oct 21, 2019

This is actually not a patent law question but rather one of contract and state law. It is not easily answered without knowing what agreements you had with your prior employer.

The answer may be different if you were a 1099 employee or a person not expected to invent things as part of...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: how long is a patent valid?

How long is a patent valid since the date of patent?

Is a patent in US valid world wide?

Kevin E. Flynn
Kevin E. Flynn answered on Oct 17, 2019

PATENT TERM

Patent term is more confusing than it should be. The one part that is simple, is that patent term is not a function of the technology. There is not a way for the applicant to apply to extend the patent term (unlike trademarks or copyrights). (but as noted below, there are...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: What countries are the patents allowed in?
Kevin E. Flynn
Kevin E. Flynn answered on Oct 16, 2019

Most countries have some sort of patent system. Some use a regional system so that several countries can share the cost of running a patent system.

There is a front end for 153 patent systems run by WIPO (World Intellectual Property Organization) See the list of countries here...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: How can I learn if a patent is earning royalties by the inventor?

Is this patent earning royalties? 20020198764

Kevin E. Flynn
Kevin E. Flynn answered on Oct 13, 2019

The number you cite is not a patent. It is a published version of an application. Not all patent applications become patents. According to Google Patents, this one did not.

https://patents.google.com/patent/US20020198764A1/en?oq=20020198764

Sometimes a license agreement will...
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