Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Kevin E. Flynn
3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Is the patent still valid and can someone build this system outside USA?
Kevin E. Flynn
Kevin E. Flynn answered on Jul 7, 2020

A United States Patent Applies to the United States.

A United States Patent applies to actions in the United States. So making a product in China and importing to the US would be covered. Also making a product in the US and exporting to Canada would be covered.

However, a...
Read more »

View More Answers

3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Hello, I would like to enquire if using a specific type of solid fuel in a piston engine is uniquely patentable?

A solid fuel piston engine, with a specific fuel type with a specific waste types.

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

This is a public forum and not the place to share your innovative concepts. I encourage you to share the nuances of your idea only with a patent attorney that you are interviewing to hire. The attorney-client privilege attaches early so you can share confidential information to interview... Read more »

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Can two patent application have exactly the same title? If so, can you give one example?
Kevin E. Flynn
Kevin E. Flynn answered on Jul 4, 2020

There is no rule prohibiting two patents from issuing with the same title. What is unique about a patent is the patent number and the patent claims.

I do not have an example in my issued patents as I go out of my way to avoid using the same title as I find it confusing to have more than...
Read more »

2 Answers | Asked in Patents (Intellectual Property) on
Q: Is ultra pro patent right for the USA or all of North America? Whats the law about change the design of a top loader?
Kevin E. Flynn
Kevin E. Flynn answered on Jul 4, 2020

There is not a regional patent for North America. One can obtain a patent in the United States, and separate patents in Canada and Mexico. The patent examiners in the three states negotiate the terms of the patent claims independently with the invention owner and thus the final outcome may lead... Read more »

View More Answers

3 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: If my two patent applications can’t have the same title, but the priority country allows it, how is that handled here?
Kevin E. Flynn
Kevin E. Flynn answered on Jun 29, 2020

I am not aware of a rule that precludes having two patent applications with the same title. As a practical matter, I avoid doing so but I am not aware of a rule that will prevent it. If both applications issue as patents, they will be unique based on the patent number even if they have identical... Read more »

View More Answers

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: 6340334 patentIs there anyway to check if products out today are anything close to our patent?

I did see a couple manufactures last year that make portable boxing rings, don’t know if that would be close to our design? Maybe just improved idea??

Let me know if you have any interest

Thanks

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

Jeff,

Google Patents notes that your patent expired in 2006 for failure to pay a maintenance fee. You may want to discuss this with your patent attorney. There are ways to pay for an unintentional failure to pay a maintenance fee to revive a patent that lapsed for failure to pay the...
Read more »

1 Answer | Asked in Patents (Intellectual Property) for Minnesota on
Q: I paid $8k to get a book produced for an invention. I gave it to someone 8 yrs ago and it was never returned. Can I sue?

I have asked for the book over the years and I never got a response. It's quite possible that someone else came up with the same idea and patented it. How do I pursue filing a lawsuit?

Kevin E. Flynn
Kevin E. Flynn answered on Jun 14, 2020

The first stage of this problem is not a patent question. Seems that at the core, that you had a contract with someone to do something for you. You said that you paid and provided material for them to use on the project and they did not perform. You should start with contact with an attorney... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Georgia on
Q: Can you patent a specific thread dimension? We manufacture a product with a custom thread, Can a competitor match that?
Kevin E. Flynn
Kevin E. Flynn answered on Jun 5, 2020

It would need to be something very unusual to get a patent on the specifics of the thread geometry. Virtually every possible combination of handedness, threadform, thread angle, lead, pitch, starts, has been done. There seems to be more appetite in the USPTO to grant patents for orthopedic bone... Read more »

3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Nevada on
Q: Who owns the intellectual property (photo), if a friend used my cell phone to take the photo of my property?

My friend used my cell phone to take a picture of my sound bowl and it came out beautiful. She he says the picture is his intellectual property. Although the cellphone used to take the picture and the sound bowl is mine. Who owns the photo?

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

This is not a patent question so I will defer to an attorney in your state to give you a formal answer.

To get some background on copyright from a reliable source. Here is a link to the Frequently Asked Questions Page by the US Copyright Office....
Read more »

View More Answers

2 Answers | Asked in Patents (Intellectual Property) on
Q: How long is a patent good for? How long does a patent last and if it is a US patent does it apply to Canada?
Kevin E. Flynn
Kevin E. Flynn answered on May 27, 2020

To augment the earlier answer, a US patent would apply to something made in Canada and then shipped into the US. US patent would cover something made in the US and shipped into Canada.

US patent would NOT cover something used in Canada that was made in Canada or a country other than US...
Read more »

View More Answers

1 Answer | Asked in Patents (Intellectual Property) on
Q: Patent #7422101 Does that mean, that no one else can produce for sale pastels in stackable jars (pan-like containers).

Cosmetic industry are selling eye shadows, loose powder in pans. But are pastels in pans not to be sold by anyone else but Colorfin LLC?

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

The scope of a patent is defined by the claims. Claim interpretation is hard as it is a mix of concrete details and some more abstract aspects. But each of their independent claims has some specific requirements. So in short, they do not have a patent on every possible way to sell pastels.... Read more »

2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: what is the value of a patent of a drug? Is it a % of sales? especially like the patents that dr.fauci holds?
Kevin E. Flynn
Kevin E. Flynn answered on May 21, 2020

There have been a number of questions of this type. There is often confusion between two different concepts: inventorship and ownership.

An inventor is someone that made a non-obvious contribution to the project that ended up in at least one claim in the issued patent. The inventors are...
Read more »

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for Virginia on
Q: Once my PPA is accepted, does that mean my patent will be granted?
Kevin E. Flynn
Kevin E. Flynn answered on May 9, 2020

No.

The acceptance of a provisional patent application is a clerical matter. They just make sure that you submitted something and paid the fee. It is hard to not get a filing receipt for a provisional patent application.

To get a non-provisional patent application granted takes...
Read more »

2 Answers | Asked in Patents (Intellectual Property) for Virginia on
Q: Does my provisional patent application count as a patent?
Kevin E. Flynn
Kevin E. Flynn answered on May 9, 2020

It counts with respect to being able to say that you are patent pending. (at least for the year that it is pending)

It counts in that you can sell the product or otherwise publicly reveal the idea without losing absolute novelty that is needed in some patent systems. (at least for the...
Read more »

View More Answers

3 Answers | Asked in Patents (Intellectual Property) for Arizona on
Q: Isn't it a conflict of interest for this man to have patents for infectious disease drugs for things such as HIV???
Kevin E. Flynn
Kevin E. Flynn answered on May 6, 2020

Your question did not clearly state what man or what patents. But as a general matter, it is not unusual for leading scientists working for the United States to be named as inventors on patents. That is required under our Constitution. However, being named as an inventor is not the same as... Read more »

View More Answers

1 Answer | Asked in Patents (Intellectual Property) on
Q: How can I tell if a patent no. 6063860 is still in force
Kevin E. Flynn
Kevin E. Flynn answered on May 6, 2020

The process to discern patent term has a number of pieces to it. However, here it is easy as the PCT application was filed October 4, 1996 and the twenty year term ended October 4, 2016. There is no indication of Patent Term Adjustment to add days to the end of the patent.

Just because...
Read more »

Q: The brief summary of my issue and the related question is contained herein.

I am in the process of establishing a partnership with another company. A new company was to be formed in which the two services (software) would be combined to create one company/service. The other party signed an NDA, I then sent a proposal suggesting the merger or creation of a new company. I... Read more »

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

If this project is so important to you that you consider it your life's work, then you should be working closely with a business attorney with the right skills to write non-disclosure/non-use agreements that are tailored to this situation and facilitate your ability to sue for significant... Read more »

View More Answers

3 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Hi! Where I can found good Lawyer for patent in Florida?
Kevin E. Flynn
Kevin E. Flynn answered on Apr 30, 2020

A great place to start is to call your corporate attorney. Most of my referrals here in North Carolina come from corporate attorneys that work with high tech startups.

Another good place is to check in with the state's Small Business Development Center as they know which patent...
Read more »

View More Answers

Q: I would be happy to find an IP lawyer interested in represent my interest in intelectual property that I wish to patent
Kevin E. Flynn
Kevin E. Flynn answered on Apr 29, 2020

I am glad that you are taking care with this choice. Picking a patent attorney is different than some other limited tasks like buying a house. You need someone with the right legal skills and the right technical knowledge. You also need someone that you can work with as an external team member... Read more »

4 Answers | Asked in Copyright and Patents (Intellectual Property) for Florida on
Q: can you patent an AR idea?
Kevin E. Flynn
Kevin E. Flynn answered on Apr 19, 2020

The initials AR are used for many dozens of things from acid reflux to amateur radio. If you mean automated rifle- then yes you can seek patents on the workings of a weapon. You would need to have an idea that would not be obvious to one skilled in the art of designing automated rifles. You... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.