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Questions Answered by Kevin E. Flynn
2 Answers | Asked in Real Estate Law, Probate and Estate Planning for New Jersey on
Q: Grandfather passed away with no spouse father passed away 2 months after no will was made who inherents the estate

Im am the grandson and attempting to begin the probate process i assume...

Kevin E. Flynn
Kevin E. Flynn answered on Jan 20, 2021

I am sorry for your loss. This question was pushed out to patent attorneys and does not belong there. I am responding so that the question it linked to the right groups.

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2 Answers | Asked in Patents (Intellectual Property) for Massachusetts on
Q: What types of inventions have to be patented
Kevin E. Flynn
Kevin E. Flynn answered on Jan 18, 2021

Agree that there is not a legal mandate to patent any invention (putting aside the requirements of government grant recipients to timely report inventions so that the government can elect to patent the invention if the grantee does not).

A patent is like a fence around an orchard. It...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: What countries have a pipeline protection patent system, same as in the U.S.?

"Pipeline protection" being the system by which a someone could obtain patent rights in another country for the remaining time that they have left in the first country.

Kevin E. Flynn
Kevin E. Flynn answered on Jan 13, 2021

I am not familiar with that term. Can you cite to a document or a web page that defines what you mean?

The current systems have expiration dates that are somewhat synchronized but I sense that you are thinking about something else.

2 Answers | Asked in Patents (Intellectual Property) for Nevada on
Q: How do I know if my idea infringes on a patent? Patents are very complicated. Do I make an appointment with a lawyer?

There are all sorts of products that are similar or improve on an already existing idea. My idea is in that atmosphere, but the marketing concept for my would-be product is vastly different than the product that already exists. I've been brainstorming ways to create a different design that... Read more »

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

A patent attorney is the key to a proper answer to whether you infringe the rights of others.

But it can help to learn a bit about the process before you speak to the attorney. Here is some background on Freedom-to-Operate searches/opinions and on designing around a patent claim....
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Q: In 1999 I did sent my idea to virgin, a tube to install on highways for transport. no interest. Now they have hyperloop

Virgin had an announcement "Richard Branson: Got a business idea? Do this with it" they still have: https://www.virgin.com/about-virgin/latest/richard-branson-got-a-business-idea-do-this-with-it

I gave full discription, benefits, etc...

I had letter that they asked for... Read more »

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

The bulk of your question falls outside of patent law issues so I will leave that to others.

I will note one tiny sliver of hope.

IF

1) Your communication was sufficiently detailed to provide information to enable the creating the hyperloop (rather than just suggesting...
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Q: If a patent exists similar to my idea, am I still able to produce and sell my product?

If there are variations in my product to the original patent or the original game what are the legalities around this? Can I still sell this product or do I need to get it patented, etc?

Kevin E. Flynn
Kevin E. Flynn answered on Dec 9, 2020

1) Patents expire at the end of their term and some die early. Step 1 is to ensure that this patent is still in force.

2) To infringe a patent, there must be at least one claim where your product has every required element of at least one claim. This is where a patent attorney can help...
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2 Answers | Asked in Copyright and Patents (Intellectual Property) for California on
Q: Does this language dissalow the usage of a two layer collapsible elastopolyer design in hexagon fashion?

"The pillow cushion has a first major surface, a second major surface, and deformable wall members extending between the first major surface and the second major surface. The deformable wall members are located and configured to define voids therebetween such that the deformable wall members... Read more »

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

I see that what you quoted has more than one period. It looks like you are quoting the abstract. That is not what you need to look at. You need to have a patent attorney review the issued claims and see what they require.

A claim may have 25 nouns and 25 verbs but by law has only one...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: Where might i find drawings listed in patents
Kevin E. Flynn
Kevin E. Flynn answered on Dec 1, 2020

I don't use the Justia site to search for patents so I am not familiar with that interface.

Once you have found patents, you can download a PDF with the images using the pat2pdf.org site.

You can also search for patents in a special part of Google....
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3 Answers | Asked in Patents (Intellectual Property) for Indiana on
Q: I think I’ve discovered a new type of Calathea. My Calathea has mutated and reproduced with new patterns and colors.

What are my first steps to patent such a beautiful plant?

Kevin E. Flynn
Kevin E. Flynn answered on Nov 23, 2020

Only a subset of patent attorneys work with plant patents. My suggestion would be as a first step is to look at some plant patents so that you understand what sort of information goes into a plant patent.

Next you need to search specifically for someone that handles plant patents as they...
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2 Answers | Asked in Patents (Intellectual Property) for Georgia on
Q: Is there a design patent for hand cuffs?
Kevin E. Flynn
Kevin E. Flynn answered on Nov 18, 2020

This is one of those searches that is best done on the USPTO site as you can specify the application type to narrow the search to design patents.

There are a number of design patents with "handcuff" in the title....
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2 Answers | Asked in Copyright, Products Liability and Patents (Intellectual Property) for Florida on
Q: How much does it cost to review a product we are producing for a client's promotional gift to avoid patent violation?
Kevin E. Flynn
Kevin E. Flynn answered on Nov 13, 2020

The costs vary but it can be expensive. This is called a freedom-to-operate or clearance opinion.

See == https://www.flynniplaw.com/services/legal-services/freedom-to-operate/opinions

The first step is that a freedom-to-operate search needs to be done for issued patents that have...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: Will I be sued if my design was in some parts similar to an inventor design?

I develop a design from an invention and improve some parts, is it against the law if I sell my design. If it is against the law what can I do to make it legal?

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

Kudos to you for caring enough to work to avoid the legitimate patent rights of the owner of an existing patent.

To infringe a patent, there needs to be at least one claim where each element (noun, verb, relationship) is present in your product. A dependent claim adds elements to an...
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3 Answers | Asked in Patents (Intellectual Property) for California on
Q: hello, would you help me understand this abstract?

A method for interpreting user submitted coupon images is described. A coupon image is received over a network from a user. The coupon image is associated with a coupon. A server system processes the received coupon image to identify one or more coupon matching characteristics. The one or more... Read more »

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

Do not worry about the abstract. The only thing that matters is what is in the issued claims.

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4 Answers | Asked in Patents (Intellectual Property) on
Q: What makes the length of the patent protection too short?

The approval date for a drug named BIKTARVY is 02/07/2018 and the date of the first-expiring patent is 11/04/2020. Meaning the amount of time between the approval date of the drug and the date of the first-expiring patent is 2 years, 8 months and 29 days. Why would it be too short and not a length... Read more »

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

PATENT TERM

Patent term is more confusing than it should be.

Old rules were that patents had a term of 17 years from when they issued. New rules are that apply to patent applications filed after June 8, 1995 are 20 years from the first non-provisional patent application....
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for South Carolina on
Q: Hi, I have been trying to get my personal property back and my grandpa’s wife refuses to give it back. What do i do?

She lives in Florida and I have been trying for two years to get my stuff back. I asked her for the property back or the money to replace it and she told me that I was getting nothing back and that she didn’t owe me anything. I never abandoned my property, I had been kicked out by them and... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Oct 20, 2020

This question has been posted to the attorneys that handle patents (a way of protecting an invention) and to intellectual property (patents, copyrights, trademarks, trade secrets).

The problem described does not belong in these categories. You may want to talk to someone with experience...
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3 Answers | Asked in Contracts, Copyright and Patents (Intellectual Property) for Texas on
Q: How can I go about researching to confirm my new idea doesn't copy someone else's patent.
Kevin E. Flynn
Kevin E. Flynn answered on Oct 21, 2020

I agree with the advice that you should work with a patent attorney to sort this out. I will add that it may be prudent to do some initial searching before that first meeting with the patent attorney. My slides as http://bit.ly/Patent_Searching may help you with your DIY searches that will help... Read more »

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Q: Do I get a share of money if some patents that I co-invented when I was a student is now sub-licensed by a company

I was a Ph.D. student working with my professor at University. We together applied for two patents, which were approved in the U.S. and Europe. My professor later started a company and licensed these patents from the University. Recently on the news, a large company sub-licensed these patents again... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Oct 15, 2020

This is not a patent law question per se. This is more of a contract/employment law issue. Thus, you need to consult with an attorney from the state where you were a student. Frequently, Ph.D students sign agreements as they are being paid to teach or to work in the labs. These agreements will... Read more »

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1 Answer | Asked in Family Law for Puerto Rico on
Q: My mother is 60, a man we want to do DNA test is 87 I believe. But his wife and kids refuse to let him do it. How can we

How can we get permission to test him to see if he is my moms dad? He has early Alzheimers but he still recall many things.

Kevin E. Flynn
Kevin E. Flynn answered on Oct 15, 2020

To the Justia moderator, this is a question about Parents not Patents so the Patents topic should be dropped.

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Wisconsin on
Q: good day.referring to the patent at this link:https://patents.justia.com/patent/8381623this is my patent from 2008

I offered to sell the patent to Fiskars in early 2009, after a long distance call they went quiet on me.

I just discovered that they went ahead and claimed the patent for themselves. My patent was published in a journal in South Africa shortly after South africa joined the international... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Oct 12, 2020

This is a fact intensive question that will require an attorney to step through the details. I have not taken a position on whether the Fiskars patent overlaps with your South African application.

But as a general matter, if a US Patent was filed on the invention of another, then there...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: Hi, can item patented in the USA be sold elsewhere else with slightly different design?

Am able to do it or what do I need to do to sell it legally? Thank you!

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

A United States Patent applies to the United States. (make, use, sell, offer to sell)

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...
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