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Questions Answered by Kevin E. Flynn
2 Answers | Asked in Patents (Intellectual Property) for Washington on
Q: Is it legal to add 2 people to my patents who now claim to be inventors when I was the listed0 on my patents for 8 yrs
Kevin E. Flynn
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Kevin E. Flynn
answered on Sep 14, 2022

The process wants the names of the true inventors. Inventors are not always the owners or the people that worked the hardest on making the prototypes. Inventors are the people that impacted the direction of the project so that at least one significant piece of an issued claim would not be there... Read more »

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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: What would be the cost to have a lawyer file an “Ex parte reexamination” on a patent on our behalf?

We have found a US utility patent that should be invalid under 35 U.S.C. § 102 (b), because the exact product on there was being publicly sold and marketed online for more than one year before the patent filing date. We have collected extensive evidence and are looking for a IP lawyer to writeup... Read more »

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

Some challenges post-grant have limits on the type of challenge. An ex parte reexamination under 35 USC 302 is limited to challenges based on prior patents and printed publications. Other forms of challenge address an on-sale bar. Often if a product is on sale, there are user manuals, white... Read more »

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2 Answers | Asked in Patents (Intellectual Property) on
Q: I'm supporting a patient who claims to have several patents related to electric grids. How can we prove this?
Kevin E. Flynn
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Kevin E. Flynn
answered on Sep 7, 2022

You can start by doing a Google Search. Here is the search for looking for patents that I invented. Note that if you do not include the middle name that you will get extra patents that other people invented but you can go through that short list.... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Minnesota on
Q: I have an invention and I've researched it and there's no one in the world and I need a patent but cannot afford one who

I need help with a invention and companies are calling me and but I don't know what to do as far as them not stealing my idea

Kevin E. Flynn
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Kevin E. Flynn
answered on Aug 19, 2022

This might help. The USPTO has a network of providers that provide pro bono assistance to inventors that cannot afford patent attorneys.

https://www.uspto.gov/patents/basics/using-legal-services/pro-bono/patent-pro-bono-program

There are also legal clinics at some law schools...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: I would like to patent a product idea and need help moving forward with that. Is the product patentable etc.

Is the product patentable, how do I move forward if it is and what the cost is.

I have no problem paying a lawyer to do so if the product is patentable and

will pay a fee to know if it is patentable.

Kevin E. Flynn
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Kevin E. Flynn
answered on Aug 18, 2022

It is near impossible to "know" that something is patentable as the world is a big place and any reasonable prior art search is not going to check every obscure article in every language. (Prior art includes anything written since the beginning of recorded history in all languages that... Read more »

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Dear Sirs/Madams, I found a patent filed on this website that is actually based on my own work. How do I proceed?

The patent in question is based on my Ph.D. work and has been subsequently published. I would like to be at least mentioned as an inventor since the innovation was mine.

The following public documents attest to me having precedence over the inventors listed on the patent:

1. My... Read more »

Kevin E. Flynn
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Kevin E. Flynn
answered on Aug 15, 2022

You should consult with a patent attorney. This fact pattern happens from time to time as the work of a Ph.D. candidates get ignored when the patent application is filed after their graduation.

You will need to have a patent attorney compare the claims to your writings. It is possible...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Virginia on
Q: how do I obtain a patent that has to be approved by the F.C.C.
Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 27, 2022

US patents are approved by the US Patent and Trademark Office. Period.

You may need other approvals from other agencies to make and use the product but they don't issue patents.

This happens all the time with pharmaceutical products. There is work to obtain patent protection...
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1 Answer | Asked in Patents (Intellectual Property) for Ohio on
Q: hi, where I can find the figures for patent Publication number: 20220213198 ?
Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 22, 2022

Pat2pdf is one source.

http://pat2pdf.org/patents/pat20220213198.pdf

1 Answer | Asked in Patents (Intellectual Property) for Louisiana on
Q: What would happen if I made a curved bi-fold wallet like this one that is patented? (Patent # D 638,624)
Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 18, 2022

D638624 is a design patent and thus only covers the ornamental appearance of the wallet not the more abstract idea of a curved bi-fold front pocket wallet.

Given how few details there are in their design patent, they may try to assert the idea broadly and seek take-down orders against you...
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2 Answers | Asked in Patents (Intellectual Property) for New Jersey on
Q: I am in the process of creating a model for open heart surgery. Where do I start if I want to patent? What lawyer?
Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 12, 2022

Choosing the right patent attorney is an important decision. There are a few things to consider. First, the patent attorney needs to have the right sort of technical background to be able to learn and communicate your idea. For example, I stay clear of pharmaceutical patents or block chain... Read more »

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1 Answer | Asked in Patents (Intellectual Property) and Trademark for Michigan on
Q: Hi, I have an idea for a new product. What things should I have done prior to contacting a patent attorney? Thank you!

The product should be relatively easy & inexpensive to manufacture. I’ve done as much in-depth research as possible online - and nothing like this exists as far as I can tell. I’ve spoken with friends, relatives, neighbors about a need for such an item and I’ve received 100% positive... Read more »

Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 11, 2022

Kudos to you for doing some prep work before your first meeting with a patent attorney. I love clients like that. I teach entrepreneurs about the patent process. I think it would be worth your time to review my intro slide set just so that you have some vocabulary and basic concepts... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: Hi, I have a quick question regarding to a recently published patent. It was me who discovered and invented the method.

I discovered and invented the method for the preparation of a nanocomposite when working as a postdoc at that institution, I have written a manuscript about the method when working there but I left the job, and I have the photocopy of all my experiment records about the method. I just noticed that... Read more »

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

This is not a DIY thing. You will need to contact a patent attorney who will compare your manuscript with the issued patent. It is likely that the university had agreements in place where you would have had to assign your rights over to the university. They may or may not give you a cut of any... Read more »

3 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: Hello,What are all the legal Intellectual property suggestions to take so I can protect the name, logo, brand, etc.?

How do I create a lawsuit in the event of an infringement?

Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 21, 2022

I do not see a patent issue here. Your list of legal topics did not include trademarks which is most likely the form of intellectual property that you should consider. For purposes of providing an introduction to vocabulary and not as a source of legal advice -- you could start with... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: If a patent assignee is the company what rights do the inventors have?

If one of the inventors passed away before the patent was complete would his/her spouse get the benifits for the patent. Also how could I find out if an agreement was signed between the inventors and the company?

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

If the inventor/employee assigned rights (or was under an obligation to do so), then the rights will be in the employer/company. This is the normal way of the world. I paid a builder to build my house. The builder built the house but as I paid him to do so, I own the house even though I did not... Read more »

Q: I need to save a patent of an invention by a non-US researcher and I want to sell it

The invention is saved by the tunisian laws and all rights are reserved but I would like to save the rights all over the world and then sell the invention to the highest bidder

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

If you have a patent application that was filed in Tunisia within the last 12 months, then you need to talk to the patent attorney that filed that application about filing a Patent Cooperation Treat application (normally called PCT application).

A PCT application is the front end of more...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: how can I extend a patent from Brazil to US??
Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 13, 2022

The way to expand your rights beyond the original country of filing is to file a US application within 12 months of filing of the first application. Under the Paris Convention, you can file in the US and the priority date of the later filed US application will be the same as the earlier filed... Read more »

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...
Read more »

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....
Read more »

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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/

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