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Questions Answered by Kevin E. Flynn
2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Colorado on
Q: Can one file for a patent after letting a previous application lapse?

My spouse filed for a patent on an invention and began selling it with 'patent pending' more than one year ago. She let the application lapse because it was not selling well. Now, it suddenly started selling. Is there any way to protect the invention?

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 22, 2024

It is possible. You will need to consult with a patent attorney and go through the dates of specific events.

If your first patent application (possibly a provisional application) was filed long before any of the time bar triggers (public sale or offer for sale, public use, public...
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4 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for New York on
Q: Do you have to mark the patent number on the product packaging or website?

If a product is not marked that it has a patent nor does it say anywhere on the product page, website etc. can the patent owner still file for patent infringement?

Kevin E. Flynn
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Kevin E. Flynn
answered on Dec 28, 2023

Yes, the owner of the patent can still sue. There is a rule that if a product has a device patent and does not mark the product with the patent number or a web site with the patent numbers, then the owner forfeits damages up to the point that the notice is given (often the filing of the law suit).... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Ohio on
Q: How do you find if a patent was aquired or sold

HL Stud inc

Kevin E. Flynn
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Kevin E. Flynn
answered on Dec 28, 2023

When a United States patent is sold, the acquiring party usually notes the change of ownership in the USPTO records. You can check these records and see the chain of title for the patent running from the inventors to the current owner at... View More

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: I got an email stating my LLC has been sued for patent infringement from an Illinois lawyer.

Two questions:

- How do I determine legitimacy ? I have since discovered that there is a patent in place that I didn’t know of.

- what do I do to settle? I don’t want to continue to sell a patented product. I wouldn’t have sold it if I would have known .

Kevin E. Flynn
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Kevin E. Flynn
answered on Nov 20, 2023

You need to have a patent attorney look at your product and the claims of the patent. For your product to infringe, there needs to be at least one independent claim where every limitation in at least one independent claim (every noun, verb, relationship, etc.) is present in your product.... View More

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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Minnesota on
Q: how to find Law Firm who wrote the Patent"
Kevin E. Flynn
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Kevin E. Flynn
answered on Oct 12, 2023

The name of the firm that is on the issued patent is not always the firm that wrote the patent application as sometimes the patent application moves from one firm to another during the time that the application is pending (such as when a company is sold or even when just the patent application is... View More

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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Maryland on
Q: I have a idea for a fishing accessory idea that I'd like to make.

I've checked everywhere to see if someone else has come up with the same idea as myself and actually created the idea. And through my investigation looking to see if someone else has created my idea. No one else has

Kevin E. Flynn
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Kevin E. Flynn
answered on Aug 21, 2023

Did you search for other fishing accessories that use the same concept even if the item is not identical? To be awarded a patent, one must pass through several filters. While being new is a filter, the harder one is being non-obvious. The latter test asks whether someone with access to all... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: Will there be any problem in future because of useing a patented methode ?

Hi, I'm a researcher at a university, and I want to conduct research on an idea. I need to build a machine for my research, but the method I want to use is patented. Will there be any problem if build machine and use that specific method ?

I will build a 3d printer and o want to use a... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 28, 2023

You should consult with the University Tech Transfer Office (name of this office varies from school to school). They may be able to obtain a license to this method.

While the chances of someone getting sued over one infringing device may be small, they are not zero. Universities are not...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Pennsylvania on
Q: Am trying to find out if there is a patent on a specific lure called the Hattie mitte , renegade had them.

Soft plastic hellgrammite imitation

Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 18, 2023

If you have the old lure in the original packaging, it may show the patent number if they had a patent.

https://patents.google.com/patent/US20070234635A1/en?q=(hellgrammite)&oq=hellgrammite is a published patent application for Method and apparatus for integrated weighted nymph form...
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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Indiana on
Q: I cannot find the global patent for the magnetic patch cap made by next generation headwear. How do I find this document
Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 17, 2023

There are no global patents. You may be looking for a Patent Cooperation Treaty patent application which is the front end of many patent systems (including the US). If so, you can look here https://patentscope.wipo.int/search/en/search.jsf

This is the search tool run by the World...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: I have a Masonry related Patent application that has been rejected and need a second opinion on if we should continue
Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 29, 2023

It is not at all unusual to receive an initial rejection from an Examiner. The Examiner often want to push back a bit to help clarify the scope of the claims. But if you have been rejected repeatedly, it may be time for another set of eyes.

To provide a meaningful second opinion, it...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: Hello, I want to ask how to contact the Centaur Nickel Pty Limited since we are considering to use one of their Patent.
Kevin E. Flynn
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Kevin E. Flynn
answered on May 30, 2023

Kudos to you for paying attention to patent issues.

1) I would work with a patent attorney to first check A) that the patent has not lapsed for failure to pay maintenance fees. (you reaching out could trigger a company to pay that fee belatedly); B) check to ensure that the claims do...
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3 Answers | Asked in Patents (Intellectual Property), Copyright, Intellectual Property and Trademark for Texas on
Q: I am trying to figure out if I need a trademark, copyright or patent. I don't know the difference.

The difference in trademark, copyright, or patent and what I need for my project

Kevin E. Flynn
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Kevin E. Flynn
answered on May 19, 2023

This is a very common question as these topics are not taught in school. The United States Patent and Trademark Office has a web page that addresses this issue. https://www.uspto.gov/trademarks/basics/trademark-patent-copyright

I hope that this helps. Note--just as you may have a dead...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Missouri on
Q: I filed for and received a patent for a product I invented.

I would like to make another attempt to market my invention. I believe my patent expired and would like to know how I can bring it up to date or does someone else now own it?

Kevin E. Flynn
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Kevin E. Flynn
answered on May 8, 2023

If you had an issued Utility or Design patent and that patent expired at the end of the life of the patent, then that idea is part of what the public gets to use without paying patent royalties.

If your Utility patent lapsed as you unintentionally failed to pay a maintenance fee, then that...
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5 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: I have an idea that I would like to check if it is already patented. How do I find out? Do I have to pay anyways?

This idea is an innovation in building automation systems and isn’t necessarily just a MA patent, but I am not sure how this process works.

Kevin E. Flynn
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Kevin E. Flynn
answered on Apr 18, 2023

You can pay an patent attorney or patent agent to perform a patentability search. Often they will tee up the search scope and outsource the search to professional searchers with lower hourly rates.

NOTE -- even after a search, your idea may not be patentable as someone may have filed a...
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2 Answers | Asked in Energy, Oil and Gas, Patents (Intellectual Property) and Contracts for Texas on
Q: My Late husband died in an accident before retirement, he has 52 utility Patents and he was a Sr Software Engineer.

The company he worked for is now trying to say I new about the Patents so that they don't share my late husbands Royalities he would have gotten,with me. We were married 15 years until his death, if I had known he had all of those Patents I certainly would not have waited till now. I found out... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Apr 1, 2023

I am sorry about the accident that took your husband. While the patents are a part of this issue, I suspect that the prime legal arguments will be about the licenses or other agreements that your husband had with the company. This is contract law. The litigation will be primarily on contract law... View More

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2 Answers | Asked in Patents (Intellectual Property) on
Q: Why can't I see figures of the patents?

I want to view a patent for what I can't use in a design but there are no figures in the patents, just sentences describing the figures.

Kevin E. Flynn
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Kevin E. Flynn
answered on Mar 16, 2023

I don't use Justia to look at patents. There may be a way to see the figures but I don' t know it. You can use Google Patents to see figures and download the complete PDF. You can use https://pat2pdf.org/ to download PDF files of patents. There are many other placed to download US... View More

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2 Answers | Asked in Patents (Intellectual Property) for West Virginia on
Q: Professor & textbook say the US is first to invent other sources say the US is first to file. What do I put in my notes?

My professor and the textbook say that the US is first to invent when it comes to patents. However, while doing further research I found that the US is first to file. I am not sure if I should put what they think is the right answer or the actual answer on my notes for the exam.

Kevin E. Flynn
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Kevin E. Flynn
answered on Mar 7, 2023

For many years, the US was a first to invent country. That changed in 2011 see -- https://en.wikipedia.org/wiki/Leahy%E2%80%93Smith_America_Invents_Act

There is a narrow exception that if someone takes the idea of another (AND YOU CAN PROVE THAT) then the first to file will lose out over...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: Let's say I've a patentable invention have to sell it to a market-dominant company. What an IP lawyer should I need for?

(2) How really to make sure of a lawyer's competence, committment, and area of expertise? (3) What should I expect as norm for a payment setting (a couple real instances, please)?

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 24, 2023

A market dominant company is not likely to take you seriously until you have proceeded in the patent process until at least an Office Action noting some allowable claims. So I would be sure to file the application using some form of acceleration. Usually, that is a Track One fee and petition so... View More

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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Hi there, I am a university student curious about JIBBITZ and what their patent includes.

Is it the fastener? or the brand name? Basically can someone legally imitate their croc charm idea?

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 16, 2023

One place to start is the USPTO assignment database. While not every company registers their assignments there, it is a best practice and many larger companies are good about doing so.... View More

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3 Answers | Asked in Patents (Intellectual Property) on
Q: I need to verify if it is real that WORLDS, INC owns the patents it says:

Worlds Inc. (OTC QB:WDDD) is a leading intellectual property developer related to 3D online virtual worlds. The Company has a portfolio of 9 US patents (6,219,045; 7,181,690; 7,493,558; 7,945,856; 8,082,501; 8,145,998; 8,161,385 8,407,592& 8,640,028) for multi-server technology for 3D applications

Kevin E. Flynn
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Kevin E. Flynn
answered on Jan 27, 2023

Short answer is No as at least one of these patents has expired. (one can own an expired patent and continue to seek recovery for infringement that happened before the patent expired -- but for all practical purposes, it is no longer a threat to new actions.)

You should look at Google...
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