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Questions Answered by Kevin E. Flynn
1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: I need to patent a saying and I looked it up and found someone else has a patent, but I think it's no longer active.

What do I need to do?

Kevin E. Flynn
Kevin E. Flynn answered on Dec 1, 2021

You cannot patent a saying. Perhaps you want to seek a trademark. If so, you should re-post this question for trademark attorneys to comment.

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: When did Clorox apply for patent on splashless bleach
Kevin E. Flynn
Kevin E. Flynn answered on Nov 23, 2021

With the tips in this slide set, you can use Google Patents and the USPTO patent database to answer this question and to additional questions that might arise.

Good luck

https://bit.ly/Patent__Searching

Kevin E flynn

1 Answer | Asked in Patents (Intellectual Property) on
Q: would it be difficult to re- instate the patent
Kevin E. Flynn
Kevin E. Flynn answered on Nov 22, 2021

If by reinstate you mean revive a patent that expired early from an unintentional failure to pay a maintenance fee, yes that is relatively easy (there is a fee paid to the USPTO) as long as you just recently discovered the failure to pay and the failure to pay was unintentional.

If you are...
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1 Answer | Asked in Patents (Intellectual Property) for South Carolina on
Q: Hello. I have a question about a patent for a fitted bed sheet with pockets. Is it expired I'm unable to decipher that?

I was able to Google and saw there was a patent for fitted sheets with pockets but unsure I'f it is expired

Kevin E. Flynn
Kevin E. Flynn answered on Nov 15, 2021

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 things that can shorten... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: need to finalize or resubmit a patent application

patent was considered abandoned. previous attorney not responsive to questions.

Kevin E. Flynn
Kevin E. Flynn answered on Nov 12, 2021

You should discuss with your patent attorney whether it makes sense to file a petition to revive an unintentionally abandoned patent application.

https://www.uspto.gov/sites/default/files/documents/sb0064.pdf

If the abandonment was indeed unintentional, then the fee to revive may...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: i need to find the screenshield kit patent. can you please help me
Kevin E. Flynn
Kevin E. Flynn answered on Nov 12, 2021

Here is a slide set that explains how to search for patents or published applications. https://bit.ly/Patent__Searching

I hope that this helps.

Kevin E Flynn

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1 Answer | Asked in Business Formation, Business Law and Patents (Intellectual Property) for California on
Q: I registered a web name LLC name with state and all variations and LLC operating agreement partner didn't sign

He has done many illegal things and I want to keep name and he didn't put in the time nor sweat equity nor capital and while he didn't sign operating agreement it calls for name being returned to me not only that he has restraining orders trying to get permanent for threatening my life,... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Nov 5, 2021

I do not see any indication that this is a patent law question.

This seems to be a business dispute that will turn on the facts. This is not a good candidate for a web site Q&A. You will need to find an attorney that handles business disputes in the relevant state and lay out the...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: Is this patent still valid?
Kevin E. Flynn
Kevin E. Flynn answered on Nov 1, 2021

Justia needs to change the user interface. Many users think that the patent that they are looking at is attached to the question conveyed to the patent attorneys. This sort of question without the patent number of the patent at issue is a common event.

Either Justia needs to warn them...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: I need a patent lawyer

I need a patent lawyer to pursue Apple Pay for this patent

Kevin E. Flynn
Kevin E. Flynn answered on Oct 27, 2021

All that was posted to the patent attorneys was "I need a patent lawyer to pursue Apple Pay for this patent" It is not clear what patent you are talking about.

To the extent that you believe you have a lawsuit for patent infringement, then it is not a good idea to share that in...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Can a patent be issued for something already being sold?

My original company sold a golf grip that was issued a patent 10 years after I first sold these grips.

Kevin E. Flynn
Kevin E. Flynn answered on Oct 22, 2021

A patent should not be issued if the patented claims read on a product that was on sale before the patent application was filed. It would be unusual but not impossible for a patent to issue from a patent application family that stretches back 10 years.

The patent may be for a very narrow...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Why would a patent lawyer ask me to sign a blank power of attorney form , & I can not find the submission

Electronic Acknowledgement Receipt40345610EFS ID:Application Number:16999073

Kevin E. Flynn
Kevin E. Flynn answered on Oct 18, 2021

Most interactions between a patent attorney and the United States Patent and Trademark Office do not require a signed Power of Attorney. So it is possible that the attorney will not file the Power of Attorney unless there is something to be submitted that requires the Power of Attorney form.... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Nebraska on
Q: Hi, how much will it cost me to patent a idea?

I've been thinking and talking to invent help, but I need to patent it first. And how long does it take to complete. And what should I do first?

Kevin E. Flynn
Kevin E. Flynn answered on Oct 15, 2021

I think the best place to start is by reading some patents that are in the field where you hope to obtain a patent. Getting a patent is hard. This will make more sense once you have read some patents and maybe looked at the arguments made during the process to examine the patent. This will get... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Illinois on
Q: Good morning, I would like to ask you if software or algorithm can be patented. Thank you for your time.

We have developed a new solution that is related to the way in which a device is able to analyze the data.

Kevin E. Flynn
Kevin E. Flynn answered on Oct 11, 2021

There are many types of software. Some software running on a general purpose computer is the glue that holds together a business that works with people to achieve a purpose. While this software is important to the business, if it is merely a reflection of how the people interact together, then it... Read more »

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1 Answer | Asked in Patents (Intellectual Property) on
Q: I have a technology idea to propose to some leader in the field (e.g. Samsung) in exchange for sharing a patent.

I would like them to financially support the patenting process and also develop the technology in exchange for a percentage of the patent rights.

Would this be something that such technology giants might be interested in at all?

Thank you very much for your time.

Kevin E. Flynn
Kevin E. Flynn answered on Oct 9, 2021

I cannot speak for Samsung but a more common pattern is that the big company does not want to talk to you at all until you have an issued patent. Sometimes they will talk to you once you have a patent application filed. But at that stage it is not clear whether you will obtain rights at all.... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Do patents cover all designs or does it cover the entire concept?

I am being accused of copyright infringement by a company because we make the same product but in different ways. We both make hock socks (protective socks for rabbit's feet) The other company makes them with 3 different fabrics a solid toe and velcro or button around the ankle. I make mine... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Oct 9, 2021

I will augment the first answer and not repeat the points made there.

For someone to seek pre-issuance damages in the US, they would have to send you a copy of the published application and your product would need to be within the scope of the claims in that published application. Further,...
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2 Answers | Asked in Copyright and Patents (Intellectual Property) on
Q: Hi, I want to know if I could use the patent US20050149421A1for free in European Union as it has been abandoned. Thanks.
Kevin E. Flynn
Kevin E. Flynn answered on Oct 6, 2021

You asked -- I want to know if I could use the patent US20050149421A1for free in European Union.

A few clarifications. First US20050149421A1 is not a patent. It is a publication of a patent application that did not mature into a patent in the US.

So this particular document does...
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3 Answers | Asked in Patents (Intellectual Property) on
Q: Hello, I am currently a housewife and I have an idea for a cleaning product. I would like to get the idea patented.

I just don't have any idea where to start? I need to get the idea made into something physical that can sell. I also don't want to lose the opportunity to make the idea mine so that someone else can't steal it from me. I have never heard of this kind of product before so I guess I... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Oct 5, 2021

Good luck on your journey. Eventually you will need to work with a patent attorney if you want to protect your idea.

But it does not hurt to get some general orientation before you reach out to a patent attorney. Knowing some of the lay of the land and vocabulary will make you more...
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2 Answers | Asked in Federal Crimes and Patents (Intellectual Property) for Florida on
Q: On Appeal to District Appellate Court my case was VACATED and REMANDED back to the Bankruptcy Court. The Court REFUSED.

The Bankruptcy Court said I owed

Payment s to my plan . My case was ruled against me and ended before the Appeal the Appellate Court decided the Vacate Remand Order. The Bankruptcy Judge who did so was removed from his cases before he made the decision.

I have unquestionable... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Oct 4, 2021

This question was posted as a question on patents (inventions). That is not the right topic. You may get better answers if you post this as a bankruptcy question.

Good Luck

Kevin E Flynn

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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: The living universe and the secrets of it's eggs causing earthquakes and Mystical phenomena on Earth

Can I patent this facts with living proof of what causes the earthquake and much much more??

Kevin E. Flynn
Kevin E. Flynn answered on Sep 26, 2021

A patent allow you to prohibit others from making, using, selling, or offering to sell something that uses the patented technology. So it is not about documenting a truth about how the universe was formed.

If there is some way that someone could use your information to do something, then...
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1 Answer | Asked in Criminal Law, Landlord - Tenant and Patents (Intellectual Property) for Arkansas on
Q: So if I was homeless and know of a home thats empty and been empty for years can I squat in it and make ot mine ? If so
Kevin E. Flynn
Kevin E. Flynn answered on Sep 24, 2021

This question was routed to patent attorneys that work with inventors. That is not the right group of lawyers to answer this. It does not sound like landlord-tenant either.

In real estate law there is a little used provision called adverse possession that was left over from a much...
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