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1 Answer | Asked in Patents (Intellectual Property) for Maryland on
Q: The owner of around 5 patents recently died in Maryland without a testament. He has only foreign siblings. Succession?
Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 26, 2019

Patent rights are property rights and pass under state laws just as any other type of rights, such as ownership of a house or a car.

You can contact a trust & estate attorney in Maryland for how the relevant laws would apply in this situation.

I hope that this helps.

Kevin E Flynn

1 Answer | Asked in Patents (Intellectual Property) on
Q: Can individual inventors who are now part of a company take a patent in their own direction without consent of company?

Long story short: I am an inventor of a technology. In order to help move the invention forward, I brought in some investors. The device is patent in the USA assigned to a particular company that was formed and with four people (including myself) listed as inventors. Now there is a disagreement... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 24, 2019

This is a mess and will need to be sorted out by attorneys that become familiar with the actual facts. But here are some issues that you need to think about.

1) You say that you are the inventor but you listed several people on the patent as inventors. Were they co-inventors? US patent...
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1 Answer | Asked in Patents (Intellectual Property) for Missouri on
Q: I have a pen patented on October 24 either 1976 or 1876. I was wondering if I could get anymore information about it

It says E. Faber. N.Y. And a number 7 engraved on the pen.

Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 22, 2019

You can start looking at these but I did not see one that matched this date... View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: We have a provisional patent registered with an intention to convert-file for a regular patent.

We have disclosed this patented process to a large company under NDA (1 year term). We have several meetings with them, and they were very interested. At some point they broke off all talks with us, and we know that they are working on this technology evaluation and further testing in house but... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 21, 2019

Your situation is serious and not one for freebie answers on a service like Justia. My only advice is that you need to consult with an attorney with relevant skills ASAP. As food for thought to help you get ready for that meeting, here are some things to think about. My suggestions are not... View More

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2 Answers | Asked in Trademark and Intellectual Property for California on
Q: Is it legal to sell wireless earbuds that look like Airpods but have a different brand and no reference to Apple at all?

The Idea would be to sell functioning wireless earbuds for cheap with my own brand and wording without any reference to Apple or their specific product (Airpods). Would there be any legal problems I could get into if I was sell these wireless earbuds on Amazon?

Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 21, 2019

I will defer to trademark attorneys on possible issues under trade dress.

However, if Apple has a design patent on the ornamental appearance of these earbuds, then you may be subject to suit for patent infringement.

For an introduction to patent searching --...
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2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: Accidentally similar composition to this tablecloth patent, but different category, is this okay?

I am in the process of making washable coloring poster, accidentally similar composition to this tablecloth patent. I am using 100% polyester fabric (instead of a blend like this tablecloth), and the same Polyurethane backing - will this violate the patent?

Purpose is very similar, but... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 17, 2019

Your question did not include the patent number.

But here are some basic pointers.

1) Make sure that the patent of potential interest is still in force. It may have expired at the end of its full term. It may have lapsed early for failure to pay a maintenance fee.

2) Look...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Can we file a patent for some antisocial inventions?

Does the law permits us to file patent on some innovations that can create chaos in the society or can endanger the existence of humanity?

Such as patenting a technology which can threaten the life of a large number of mass requiring some gross implementation and least investment.

Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 14, 2019

I am not in favor of creating chaos in the society or endangering the existence of humanity. I hope that your description is hyperbole.

I am not clear why you would want to patent a method to create chaos or endanger the existence of humanity. Patents are used to limit use of the...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: good day. With regards to the following patent, Patent number: 7586439 - when does this end? From south Africa.

I am trying to find out as we have been told the patent ends in 2021. How do we find out if Mr Roger Percy is going to extend this patent and how do we go about rejecting this?

Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 13, 2019

PATENT TERM

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...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: Would I be breaching this patent if I had a gift bag with a pocket inside to hold a card, that was NOT transparent.

Patent: 20090074331

20090074331

Title: Gift Bag Assemblies with Selectable Complementary Components and Related Retail Display

Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 10, 2019

You are going to like this answer. The patent number you provided -- 20090074331 is not an issued patent. It is a published patent application -- it shows what they hoped to patent. Per Google, this particular patent application did not result in a patent and was abandoned.... View More

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: who was the first person taking patent on the headphones
Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 3, 2019

As a person with curiosity, you should develop your skills using the free patent search tools. Some useful tips are in my slide set on patent searching that I provide to entrepreneurs. http://bit.ly/Patent_Searching. I hope this helps.

Kevin E Flynn

1 Answer | Asked in Patents (Intellectual Property) for New Jersey on
Q: are urinal screens patented , if i would like to sell them on amazon can i sell them
Kevin E. Flynn
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Kevin E. Flynn
answered on May 28, 2019

If the urinal screens are patented with a current patent, then the product should be marked with a patent number. If they did not mark the item, they may have placed the patent number on the box or shipping container. You may want to do some searching using tips in this slide set.... View More

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: I have an idea of an event I want to be holding in a cause of promoting my cafe I feel is unique can I patent?

This event involves me using unconventional things and concept in my cafe business

Kevin E. Flynn
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Kevin E. Flynn
answered on May 26, 2019

My guess is no. However, as I do not know the details and I hate to guess about something important, I suggest that you check for issued patents for something analogous. You may find useful tips in my slide set on patent searching that will help. http://bit.ly/Patent_Searching

Remember...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: how to connect with autors of this patent?
Kevin E. Flynn
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Kevin E. Flynn
answered on May 22, 2019

The question as presented to the attorneys did not include a specific patent number. I am going to answer your question generally.

You can use Public PAIR to find an address for each of the inventors. https://portal.uspto.gov/pair/PublicPair The address may be a business address and...
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1 Answer | Asked in Patents (Intellectual Property) for Washington on
Q: For family history I want to verify my father Roy K Runyon had a patent in the 1930's for an oil bath air cleaner AUTOS

The company original company was C.R.C. Air Cleaners, in Spokane Washington, where the first ones were produced for automobiles. There was another company that produced the first ones. Inventor was Roy Kendall Runyon, my father. First produced in Spokane Washington, 1930's. My father later... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on May 22, 2019

Take a look at https://patents.google.com/patent/US1788410A/en?oq=US1788410A

There may be other patents in this family but this should get you started. It is hard searching back that far as many of the tools focus on just the last few decades.

I hope this helps.

Kevin E Flynn

2 Answers | Asked in Patents (Intellectual Property) for New Jersey on
Q: Hi, I’m doing research for a biology project and I need to know the patent number of Naturgard Maximizer corn?

I believe that Syngenta holds the patent.

Kevin E. Flynn
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Kevin E. Flynn
answered on May 22, 2019

https://patents.google.com/?q=corn&assignee=sygenta&country=US

That should narrow down the pool and ideally has what you are looking for. If not you can take a look at all assets assigned to Syngenta via the assignment database --...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: How i can see between 1934 and 1944 ?

I am searching a Patent of the Philips company

My email : info@yellowagro.com

Kevin E. Flynn
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Kevin E. Flynn
answered on May 19, 2019

The USPTO search tool allows you to search text in patents back to 1976. The USPTO assignment database goes back to 1980. I do not know a free tool that goes back to the 1930s.

You may want to contact a reference librarian at a college near you. You may want to start by calling the...
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2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: I'm in the early stages of developing a board game and have a prototype done that I am ready to playtest.

I plan on bringing it to GenCon in August, but I am concerned someone may use my mechanics and concept for their game. I'm also not sure whether to patent the game, copyright, trademark or start a DBA. What would be the next step?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 19, 2019

A agree that copyrights and trademarks are important but depending on the game, you may be able to obtain patent protection. See for example US Patent No. 9908033 which issued in 2018 for a variation to UNO. You can do an initial search using tools set forth in http://bit.ly/Patent_Searching.... View More

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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Could anybody help me to verify that when this patent US 6,241,739 B1 will expire or is this already expired..??
Kevin E. Flynn
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Kevin E. Flynn
answered on May 18, 2019

WIth respect to expiration dates for patents...

PATENT TERM

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...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Hi, Any one can confirm whether these patents are still valid ? Patent number: 6500183 Patent number: 6241739
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 18, 2019

First, I believe that you mean non-expired. Valid goes to the issue of whether the USPTO made a mistake in granting the patent as one can challenge the validity of a patent even after it was issued.

WIth respect to expiration dates for patents...

PATENT TERM

Patent term is...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: In this patent: 9908033 Is there a protection for draw 2, draw 4 and choose-color cards or the rules of "uno"? Thanks!

Also, is there a general protection for game rules or features aside from the particular design?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 17, 2019

According to Wikipedia, UNO came out in 1971 and became a Mattel property in 1992. Thus, the core aspects of the game have been around for a long time and are no longer patented. (they may be subject to copyright or trademark protection).

Taking a quick look at the patent that you cite,...
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