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Questions Answered by Kevin E. Flynn
1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Hi, pl advise if these patents assigned to Sanuk USA D429555; D410137; D404894; 7234248 is applicable internationally?
Kevin E. Flynn
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Kevin E. Flynn
answered on Mar 7, 2019

These appear to be a set of three US design patents and one US utility patent. A United States patent is effective against people that make, use, sell, or offer to sell an infringing product in the US.

So a US patent can be used against a product made in China and imported into the US, or...
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: is it useful to purchase a abandoned or expired patent?
Kevin E. Flynn
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Kevin E. Flynn
answered on Mar 5, 2019

A patent that expired last week might have some value as you can sue folks for infringing the patent for up to six years earlier than the date of the law suit.

So even a patent that has been expired for a year or two may have some value if there was extensive use in the final years that...
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1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: help me get the checks I received for my parents into my name

I received checks one for xxx and xxx I am their daughter and am the one that is entitledto these checks. I was wondering what I have to do so I can get them into my name and cash them.

Kevin E. Flynn
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Kevin E. Flynn
answered on Mar 5, 2019

I do not see this as a patent question. I am not sure whether you have a contract issue or a trust and estate/wills issue. You need to review the reason why the checks should be made out in your name and then select an appropriate area of law within Justia. Right now, your question is going out... View More

2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: I invested in a company many years ago and was one of 5 original investors how can I check to see if a patent has been

profitable ,used by any company ?I do know there's no statue of limitations on fraud in Texas.

Kevin E. Flynn
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Kevin E. Flynn
answered on Mar 4, 2019

This tool might be helpful. Just as you record your ownership of a house with the local county records department, you record the movement of patent rights from an inventor into a company. If you know the name of the company you invested in, you can look for that company name as the assignee in... View More

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Q: Do these patents apply to using these specific processes in all organisms or specific to insects?

I would be interested in using similar genetic manipulation processes to control other dangerous animal populations?

Kevin E. Flynn
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Kevin E. Flynn
answered on Mar 2, 2019

Your question as conveyed to the attorneys to answer did not include the patent numbers. The limits of the scope of patent coverage is defined by the precise wording of the claims. Reading the claims should give you a good idea of the claimed scope. You may need to check with a patent attorney... View More

2 Answers | Asked in Patents (Intellectual Property) for Colorado on
Q: Do I Need 2 Utility Patents, or can I get away with only filing 1 with the 2 different functions but same, Field Sock.

Field Sock is attached 2 main sock & my 2nd design, the Field Sock is not attached to main sock.. I'm selling them as 2 different utility socks that serve different functions.

I have a provisional patent & in process of filing for Utility Patent.

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 28, 2019

The USPTO Examiners have the option to say -- whoa -- you are asking me to do more than one patent's worth of work as there are more than one invention here. They can request that you seek to restrict the current application to just one claim cluster and leave other claim clusters for you to... View More

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Is there a patent for the OXO Good Grips silicone bakeware sling?

Design Patent

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 28, 2019

It is impossible to know for sure if a patent application is in the pipeline but not yet granted (you might see a marking that says patent pending but that is not legally required).

To the extent that there is an issued design patent, then a competent company will list the patent on the...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Florida on
Q: Is it possible to patent something ..

for Example . Plant grow tent. If I took the basics of the tent , such as the building part of it and how it’s put together . However I changed the material used and actually used it for something totally different would I be able to patent that or stop other companies from selling the same thing ?

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 28, 2019

Your short question includes many key questions of patent law.

1) You do not infringe a patent. You infringe one or more specific independent claims (ones that start with no reference to another claim) and possibly some dependent claims (a claim that adds additional limitations to at least...
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2 Answers | Asked in Patents (Intellectual Property) for Michigan on
Q: i have an idea to modify and existing patent. can i patent my modified design?
Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 28, 2019

Mr. Mlynek's answer is correct but I want to make sure you understand the consequences of the path you choose.

Let me step through the basic process. Assume that the existing patent covers a WIDGET and you have an improved WIDGET.

1) You do not infringe a patent. You...
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2 Answers | Asked in Copyright and Patents (Intellectual Property) on
Q: How much will it cost for me to file a patent?
Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 25, 2019

You may want to look for some recently issued patents that are in the same general field. See my slides on patent searching http://bit.ly/Patent_Searching

The reason to do this is to find a patent attorney that works with individual inventors to write solid patent applications in your...
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Can old German, EU, and other foreign patents generate royalties even after US patents have expired?

USPTO# 5,5227,590 was my very first patent on LBM. This was a really big deal. We revolutionized materials science globally. Boeing manufactured parts using our tech globally. We filed patents all over the world. Even if we can't do anything in the USA, what about other nations? Can any... View More

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

Congratulations on inventing a revolutionary idea.

The patent system is designed to provide a reward for inventors (or their employers) for a LIMITED time. While the patent systems are not identical, they all have a provision to have patents time out. Long ago, the timer was set to when...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: How can one company patent a single person enclosure tent so nobody else can compete in market.

I have found personal tents made overseas by am worried he somehow has patent on them all which seems off to me.

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

I do not know why you think this personal tent is covered by a patent. But, you can do some looking using tips from my slide set on searching. http://bit.ly/Patent_Searching.

Note that a patent application originally filed overseas may come to the US 30 months later under the Patent...
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1 Answer | Asked in Patents (Intellectual Property) for Kentucky on
Q: Should I check the box claiming small entity status if claiming micro entity status on the patent application data sheet

Hello, I have a question regarding a question on the patent application data sheet (PTO/AIA/14.) In the application section thereof it asks if small entity status is claimed. I am claiming micro entity status; however, I question whether or not I should check the box for small entity status as it... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 16, 2019

I checked the small entity box on one of the first micro entity submissions I made as part of being a micro entity is that you qualify as a small entity. That confused people at the USPTO.

So if you are going to pay small entity fees, check small entity. If you are going to pay micro...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Can you patent an idea?

I have an app that is in the process of being developed, but I have additional applications and ideas for the app. And I’d like to know if an idea of an app can be patented?

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

I think you need to look at actual patents that have been issued for apps. The Supreme Court does not like mere efforts to organize human behavior with a marketplace or other app to modify human behavior. You need to show that what you did would impress an engineer that makes apps.... View More

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: How can I get a patent history: who both it. I need to know who is the actual owner of the patent: US D740,361 S

How can I get a patent history: who both it.

I need to know who is the actual owner of the patent: US D740,361 S

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 7, 2019

The patent history would be available from USPTO Public PAIR. This would be the activity during the application for the patent and any responses from the patent examiner for this design patent application.

If all you want is the recorded assignment history, you can go to a separate...
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2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: if i am making dress shirts for people with parkinsons and other challenges, are all shirts covered by this patent of ma

covered by this patent of magna ready.

my shirts will have a hidden magnet on either side of the placket so that it clicks and closes the shirt from the front

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 6, 2019

Your question as passed on to lawyers was garbled. So I am guessing at what you asked.

It is hard to believe that there is a non-expired patent that covers using a magnet to close portions of a shirt. The good news is that I am not aware of any synonyms to the word "magnet"...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: Job search platforms - Patent information

Hello, I have a question in regards to possible patents.

I’m looking at starting a job search website/app that is specific to only a certain type of workforce. I was wondering if there were any

Patents I would need to be aware of before commencing production.

Thanks so much.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Feb 4, 2019

Josh,

It may be helpful for you to do some initial searching so that you can understand what sort of patents are granted for software. See search tips at http://bit.ly/Patent_Searching.

The US Supreme Court has issued several opinions in the last decade that really closed down the...
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2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Is a patent possible in this circumstance

If there is a product currently in the market place which has always been manufactured using either leather or traditional wood from trees and I start manufacturing this product but instead of using leather or lumber from trees, I use a different material, like bamboo, which gives the item a very... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 3, 2019

Using your example with respect to a golf bag. If the sole difference was that you used off-the shelf sheets of flexible bamboo leather substitute and made a bag from that -- then you would have a hard time getting a utility patent. Substituting one product for another where the modifications to... View More

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2 Answers | Asked in Patents (Intellectual Property) for Virginia on
Q: hello I am wondering if I have a patentable process I am using a similar process to patent #9726971 but using a uv ink

the uv ink gives the advantage of being able to remove the ink from the sub straight after exposure so that there is no ink on the final product

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jan 31, 2019

The question is whether those of skill in the art looking at Pat. No. 9,726,971 and everything previously known in all public writings in all languages from the beginning of time would consider your modification of the process in 9726971 to be a non-obvious modification. Notice that the pool of... View More

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1 Answer | Asked in Patents (Intellectual Property) for North Carolina on
Q: I have many ideas but I don’t know the process of getting a prototype or a product

I almost used Davison but I checked them out on better business bureau and they weren’t verified and the reviews didn’t look good so I cut ties with them, I need help finding a business that won’t screw me over with false advertisement

Kevin E. Flynn
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Kevin E. Flynn
answered on Jan 29, 2019

Mr. Thomas,

This is hard. I know some firms that help flesh out ideas and make prototypes. The engineers often become co-inventors but they will assign the patent rights over to the client that is paying them. Good folks normally have a range of things that they do and they are not the...
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