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Questions Answered by Kevin E. Flynn
Q: What legal actions can be taken place if a neighbour of mine blocks the way to the terrace which is mine,

What legal actions can be taken place if a neighbour of mine blocks the way to the terrace which is mine, but the way for me to go there comes through the floor of my neighbour?

Kevin E. Flynn
Kevin E. Flynn answered on Sep 29, 2020

I am not sure whether you have a weird lease or some other situation that gives rise the fact situation that you present but it does not sound to me to have anything to do with patents or constitutional law.

If you have a common landlord, you may want to start there but this sounds like a...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Does this patent also forbid companies in Europe to create MagLev doors? How long will this patent be valid?

Company in the Netherlands that wants to produce maglev doors

Kevin E. Flynn
Kevin E. Flynn answered on Sep 22, 2020

First, let me applaud your desire to avoid infringement of patent rights. It is smart to be careful about impinging on the rights of others.

To answer your question, someone would need to look and see what relevant patents are issued in Europe. Not every company seeks patent protection...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: What is the difference between inventor and assignee in terms of rights with a patent
Kevin E. Flynn
Kevin E. Flynn answered on Sep 18, 2020

The answer from Mr. Klosowski is correct. Bottom line, if there is an assignee of the rights to a patent that is not expired and is otherwise enforceable, then you will need to deal with the assignee with respect to accessing rights to the patent.

I hope that this helps.

Kevin E Flynn

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1 Answer | Asked in Copyright and Patents (Intellectual Property) for Ohio on
Q: Copyright infringement and Patents

If I design a device similar to Patent number: 9033760 but not a direct copy and is a DIY project. Where the purchaser receives 3d files to 3d print the pieces and assemble the system themselves.

Kevin E. Flynn
Kevin E. Flynn answered on Sep 16, 2020

Let's assume that what you send in your files allows users to use 3D printers to create all the pieces needed to make what is in claim 1 of the cited patent.

1. An interchangeable, modular display system for miniature models used in wargaming, comprising:

a display panel...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: Are Justia Patents different then USTPO and if they are different, in what regard are they different? officially etc.
Kevin E. Flynn
Kevin E. Flynn answered on Sep 15, 2020

Justia does not grant patents. Justia, like Google and other sites, provides ways for people to look at United States patents.

Each search tool will have some advantages and some disadvantages compared to other search tools. I have not used the Justia tool. The Google tool and the...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: Can I patent a similar product that’s on the market that has a different feature that makes it unique??
Kevin E. Flynn
Kevin E. Flynn answered on Sep 9, 2020

Yes you can. The telephone was first patented more than 100 years ago and people are still patenting improvements.

It is important to distinguish between patentability (the ability to get a new patent) and freedom-to-operate (the ability to make and sell your product in light of earlier...
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Q: I have an organizing system that would complement box legend clothes organizer. I would like to sell the idea.

I would like to sell the idea to the patent owner of box legend clothes organizer.

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

Congratulations on having a good idea. You may be able to make and sell this as an aftermarket enhancement for installed systems. That is one route and a route that does not require buy-in from the BoxLegend folks. You may wish to obtain a patent so that others do not make a similar product.... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: THis company Simple Wishes seems to have patents on a pumping/nursing bra, yet so many companies make these??

I just don't understand how they can have a patent for something that multiple other companies make and sell?

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

Many companies have patents on aspects of how a laptop computer works. Many companies make laptops. Some have licenses from other companies to use certain patents.

Frequently a patent covers claims for a particular improvement to a product. That patent issues and only those with legal...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: where can I search patents

I want to check if anyone has already patented something I designed. I'm not sure if it it falls under patent or industrial design. Can I check in both places?

Kevin E. Flynn
Kevin E. Flynn answered on Aug 28, 2020

This slide set might be helpful as it has some useful tips on patent searching. It was first presented in an October 2016 presentation at the RTP Frontier as part of the lecture series for Triangle TechBreakfast. Teaches entrepreneurs on how to perform searches for relevant patent applications... Read more »

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1 Answer | Asked in Patents (Intellectual Property) and Copyright for Texas on
Q: Does someone have a patent on dog whelping boxes or cages with uv lights to kill all germs, bacteria and viruses?

Lots of breeders and pet owners have puppies die every month from Parvovirus in my area.

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

Short answer is that I do not know if whelping cages/boxes with UV lights are covered by a patent. Using UV lights to kill bacteria etc. is fairly well known so I am not sure that I see the inventive twist that would be covered by a patent

You may want to do some preliminary searching...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: Hello my name is jason I’m an inventor and came up with an idea and submitted it. Come to find it’s not patentable

I would like to speak to the inventor

Kevin E. Flynn
Kevin E. Flynn answered on Aug 24, 2020

First you should consult with a patent attorney to see if the patent that concerns you actually is still in force. It may have lapsed early for failure to pay the maintenance fee and contacting them may cause them to belatedly revive it.

But if you are sure that you want to contact the...
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2 Answers | Asked in Patents (Intellectual Property) for Ohio on
Q: I want to make portals is there anyway I can legally do this considering patent number 10479156

I believe this patent is for a gear driven portal and the case is one machined piece the product I want to sell is chain driven and the case is made of multiple pieces welded together can I legally sell this

Kevin E. Flynn
Kevin E. Flynn answered on Aug 21, 2020

Infringement requires that your product have every element (noun, verb, relationship) that is set forth in at least one issued claim.

10479156 has as claim 1

1. A portal hub assembly comprising:

a portal box;

an input opening in said portal box configured to...
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4 Answers | Asked in Patents (Intellectual Property) on
Q: I want to do a patent search with a company. But it isn't throwing any results. Could you please help me?

Patent search help

Kevin E. Flynn
Kevin E. Flynn answered on Aug 21, 2020

It is not clear what you have already tried. Here are some tips that I provided in a seminar to entrepreneurs on patent searching. http://bit.ly/Patent_Searching Perhaps something here will help you get an initial set of relevant patents or published applications. Once you have a few, then you... Read more »

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1 Answer | Asked in Patents (Intellectual Property) on
Q: Is it possible to know the value of the patent?

Hi, I'm a university student from Mexico, studying a course about "Patent, Brands & Franchises".

For a homework I was wondering if,

Is it possible to know the value of a patent?

Is there a website/platform where I can find the value of them?

Thank you for your time.

Kevin E. Flynn
Kevin E. Flynn answered on Aug 19, 2020

A patent is a fence around an orchard. The patent fence keeps others from stealing your apples from your tree. However, if your orchard is not well tended and is not generating any apples worth eating, then the fence is not very useful.

Further, if you chose to grow a bitter fruit that...
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3 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Texas on
Q: Can someone patent, trademark, or copywrite their first, middle, and/or last name?
Kevin E. Flynn
Kevin E. Flynn answered on Aug 18, 2020

Not a candidate for a patent.

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 requirements of this title....
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3 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Hi. I have found a guy who has a provisional patent on a device I was looking to manufacture.

He is 80 years old and never done anything with the provisional patent.

If he agrees, is it possible for me to pay him to assign a provisional patent over to me so I can run with it... or can that only be done on a fully issued patent?

Thanks

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

Some provisional patent applications are not likely to lead to an issued patent. Sometimes the provisional patent application does not have sufficient detail to support any useful claims. Sometimes the provisional patent application covers a new item but the differences between the new item and... Read more »

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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: Can we manufacture and sell this product

We are planning to start e commerce business and finalized a product after browsing lots is products on global sourcing. But when we searched same product on amazon it says a patent has been filed on the product - US Utility Patent No. US 9585455 B2. US Design Patent No. USD 821033. Can we... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jul 29, 2020

Those are granted patent numbers. If you make, use, sell, or offer to sell a product in the United States that is covered by these patents, then you will be infringing. As you know of the patents, they may seek to enhance the damages up to 3x for willful infringement.

You need to either...
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2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Texas on
Q: My friend and I have come up with an idea that we want to market. It is extremely unique.

My friend and I have come up with an idea that we want to market. It is extremely unique. We have been researching for a few days now to make sure there is nothing like it on the market. We were trying to figure out if we need a patent to manufacture the product to sell or if we need a copyright.... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jul 27, 2020

It is not clear what your invention is so my answer is going to be somewhat general.

You asked "can we file the paperwork with the U.S. ourselves"? The answer is yes you can. The USPTO allows inventors for file patent applications without the assistance of patent attorneys....
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: What if a patent has claims that r both trivial&prior art? And just a few claims that might be original? ....

Is the patent valid?

Can the use of those claims where there’s prior art be persecuted?

Kevin E. Flynn
Kevin E. Flynn answered on Jul 24, 2020

Patents are often a mix of independent claims (that start from scratch) and dependent claims (that add something to an independent claim or to a chain of an independent claim and one or more dependent claims).

Often what is added in a dependent claim seems trivial. Here is an example to...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Does researching feasibility of patent claims in eg a prototype or a pilot product require licensing?

The prototype/pilot is not to be sold or used for anything more that research as PoC or the feasibility of a final product?

I understand that if I use a patent for a working instrument in my lab the licensing is required, but not if it applies to an object of research?

Kevin E. Flynn
Kevin E. Flynn answered on Jul 24, 2020

The general rule is that developing a prototype is not immune from patent infringement. I have seen a suit against a university for doing qualification tests of a new device that arguably infringed a patented method.

As a practical matter, it is unlikely that a patent owner will know or...
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