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Questions Answered by Kevin E. Flynn
3 Answers | Asked in Patents (Intellectual Property) for Massachusetts on
Q: my name is spelled with a typo in a patent. How do I fix that?

Patent number: 7373500

My name is "Rajesh Vaidheeswarran". In the patent it is spelled as "Rajesh Vaidheswarra"

Not sure how that typo crept in, butI would like that fixed. Any assistance would be helpful

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

Rajesh,

This is surprisingly difficult to fix as you signed the original oath on July 7, 2003 as Rajesh Vaidheswarra. Most likely this was the spelling used throughout the process.

Ideally, you would have corrected this problem in July of 2003. Now the USPTO believes there is an...
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Q: What are the first steps in protecting a concept for/of a new business? Does it involve patents or copyright?
Kevin E. Flynn
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Kevin E. Flynn
answered on Jan 23, 2019

Might not be a patent. The Supreme Court has recently made it fairly difficult to patent a method of organizing human activity. See the documents used to train patent examiners -- https://www.uspto.gov/patent/laws-and-regulations/examination-policy/subject-matter-eligibility On the other hand,... View More

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Hello, do product patents cover all similar designs or just the design of the patented item?

If there was a company that has a device, can you make an attachment to that device that the company makes, but make it look different by slightly altering the model, changing it from the patented item?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jan 23, 2019

The focus needs to be on the patent claims. Not the title of the patent. Not the drawings. Not the abstract. Not the details in the specification. You cannot make something that has all the nouns, verbs, and other requirements that exist in an independent claim in a patent. Some claims are... View More

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: I am looking for a patent attorney to research and file a design patent.

What's a good strategy to find and pick the right attorney for me among hundreds if not thousands of attorneys in LA?

Kevin E. Flynn
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Kevin E. Flynn
answered on Jan 23, 2019

First, you are lucky as there are far fewer patent attorneys than attorneys as a patent attorney needs two different things, a bar license from a state and a patent registration from the United States Patent and Trademark Office. But, you can pick a patent attorney from anywhere in the country.... View More

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: do safety first stove knob covers have a patent? Thanks
Kevin E. Flynn
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Kevin E. Flynn
answered on Jan 18, 2019

Here are some tips on doing your own patent searching. http://bit.ly/Patent_Searching You may want to augment this effort with hiring a patent attorney to do some additional checking.

I hope that this helps.

Kevin E Flynn

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: how to see if a design is patent able?
Kevin E. Flynn
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Kevin E. Flynn
answered on Jan 16, 2019

As a preliminary step, you may want to do some initial searching using tips from my search slides. http://bit.ly/Patent_Searching You are likely going to want to consult with a patent attorney but I prefer clients that have done some initial searching before they contact me. It is weird that some... View More

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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: what is the form to file a private property patent claim on my land?

I have the warranty deed and title. I want to claim it private. There is no mortgage and the title is clean. How do I claim it private? where is the acceptance of deed to file a patent claim form?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jan 15, 2019

I am sorry, your question was sent out to people that seek patents for inventors. You need to submit this question under the category of real property.

I hope this helps.

Kevin E Flynn

2 Answers | Asked in Patents (Intellectual Property) on
Q: Can we check if the patent 4821670 for pealess whistle has been renewed for the same product again ? Can we make this
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jan 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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2 Answers | Asked in Patents (Intellectual Property) on
Q: Has this patent been granted? If so, when does it expire?

Patent: 10142379

Kevin E. Flynn
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Kevin E. Flynn
answered on Jan 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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2 Answers | Asked in Patents (Intellectual Property) on
Q: For how long a patent can be valid ? Is the patent 4821670 is still valid ?

Is this Patent still valid today or expired ??

Patent History

Patent number: 4821670

Type: Grant

Filed: Aug 7, 1987

Date of Patent: Apr 18, 1989

Assignee: Fortron Inc. (Hamilton)

Inventors: Ronald L. Foxcroft (Burlington), Charles G.... View More

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jan 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: Good afternoon,How is it possible that ExxonMobil is using a technology that is already patented?

I'm asking this on behalf of xxx, he has the patent for that technology.

On the website of Exxon Mobil there is an article, the date is March 6th, 2018 and the headline is: ExxonMobil and Synthetic Genomic Algae Biofuels Program Targets 10.000 Barrels per day bij 2025.

Patent number 9637760

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jan 11, 2019

There are several possible answers.

1) Exxon Mobile (EM) has found a variation to the process that they believe lacks one of the requirements in each of the independent claims of this patent and thus they do not infringe.

2) EM believes that the patent should not have been issued as...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Hi, Are the Hoppers and Bags are patented by YETI?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jan 9, 2019

Here is my slide set on patent searching. Http://bit.ly/Patent_Searching.

I hope this helps.

Kevin E Flynn

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: Filed utility pAtent, June 20/3 (pub 20050033596) before Facebook. PTO refused to process it.

June 2003

Kevin E. Flynn
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Kevin E. Flynn
answered on Jan 8, 2019

I see that you filed a patent application and the PTO processed the application with an Office Action rejecting the claim as too vague to even examine. After a period of six months, the application was deemed abandoned. There is an indication in the file that the final notice was returned as... View More

2 Answers | Asked in Patents (Intellectual Property) on
Q: Can I file a patent in Canada if it has already been filed in another country?

I would like to file patents that has already been filed somewhere else to have the rights in Canada but I'm not sure if it's legal or not.

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

Mr. Mlynek's answer is correct but I suspect that you were not the person that filed the patent somewhere else. If that is the situation then you are not supposed to file patent applications on things that you did not invent.

Secondly, as you know of these patent applications filed...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: Hello, I have discovered that two companies that have fraudulent patents. What do I do?

They either faked the data (98%) or just were bad scientists (2%). I wrote a 40 page report and tried to help them fix their mistakes but they were not interested in the report. As a scientists, one wants to know what is wrong with the science; as such, now I think they knew the patents... View More

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

To augment the detailed response by Mr. Mlynek, there are two possibilities.

1) the patented process works and maybe the data while not perfect for the purpose of a scientific paper does actually support the premise that the patented process works,; or

2) the patented process does...
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2 Answers | Asked in Patents (Intellectual Property) for Georgia on
Q: Can a project be patented with similar outcomes ,but with new device eliminating claimed parts

Example: claims mention a seat. new project has no seat

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Dec 30, 2018

The answer by Mr. Mlynek was good. Another way to put the patentabiliity question is whether a person of ordinary skill in the art of designing your type of product would be able to come up with your solution as just a recombination of known principles rather than an inventive step given... View More

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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: How can I determine if a patent i'm purchasing has been involved in a lawsuit since I can't search Justia by patent #?
Kevin E. Flynn
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Kevin E. Flynn
answered on Dec 30, 2018

There is a law that when someone files a complaint for patent infringement in a Federal District Court, that the clerk of court has to fill out a form noting the patents that are involved. This information is reported to the USPTO and put into a database. You can search this information here.... View More

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1 Answer | Asked in Patents (Intellectual Property) for District of Columbia on
Q: Is it ethical for a patent attorney to never tell you how much its going to cost, write less than 4 pages out of 66 (

the rest being my provided words and drawings or lifted verbatim from the prior art patent [including the 1 and only claim] trying to differentiate from) and then charge $15k plus filing fees?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Dec 28, 2018

I am so sorry that you have had a bad experience with your patent attorney. Ideally, there is an open flow of communication going back and forth.

It is often hard to give a precise estimate, especially with a new client as the costs to prepare a patent application will vary with the...
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2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: If I create something that would compliment or be used with a product that already has a patent, is that legal?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Dec 27, 2018

Most products are used with other products that are patented. Think of all the peripheral devices that can work with your laptop, your cell phone, or your smart speaker.

I hope this helps.

Kevin E Flynn

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2 Answers | Asked in Patents (Intellectual Property) and Estate Planning for California on
Q: Are patents able to be assigned to other people in a will?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Dec 27, 2018

Mr. Mlynek is correct. The vast majority of patents are owned by companies, not by individual people. It would be unusual for a patent owner to die before a patent expires but unusual does not mean never. If you own a valuable patent as an individual, it is worth having a conversation with the... View More

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