Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Kevin E. Flynn
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....
Read more »

View More Answers

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...
Read more »

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 »

View More Answers

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 »

View More Answers

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...
Read more »

View More Answers

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...
Read more »

View More Answers

Q: What legal actions can be taken place if a neighbour of mine blocks the way to the terrace which is mine,

What legal actions can be taken place if a neighbour of mine blocks the way to the terrace which is mine, but the way for me to go there comes through the floor of my neighbour?

Kevin E. Flynn
Kevin E. Flynn answered on Sep 29, 2020

I am not sure whether you have a weird lease or some other situation that gives rise the fact situation that you present but it does not sound to me to have anything to do with patents or constitutional law.

If you have a common landlord, you may want to start there but this sounds like a...
Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Does this patent also forbid companies in Europe to create MagLev doors? How long will this patent be valid?

Company in the Netherlands that wants to produce maglev doors

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

First, let me applaud your desire to avoid infringement of patent rights. It is smart to be careful about impinging on the rights of others.

To answer your question, someone would need to look and see what relevant patents are issued in Europe. Not every company seeks patent protection...
Read more »

2 Answers | Asked in Patents (Intellectual Property) on
Q: What is the difference between inventor and assignee in terms of rights with a patent
Kevin E. Flynn
Kevin E. Flynn answered on Sep 18, 2020

The answer from Mr. Klosowski is correct. Bottom line, if there is an assignee of the rights to a patent that is not expired and is otherwise enforceable, then you will need to deal with the assignee with respect to accessing rights to the patent.

I hope that this helps.

Kevin E Flynn

View More Answers

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Ohio on
Q: Copyright infringement and Patents

If I design a device similar to Patent number: 9033760 but not a direct copy and is a DIY project. Where the purchaser receives 3d files to 3d print the pieces and assemble the system themselves.

Kevin E. Flynn
Kevin E. Flynn answered on Sep 16, 2020

Let's assume that what you send in your files allows users to use 3D printers to create all the pieces needed to make what is in claim 1 of the cited patent.

1. An interchangeable, modular display system for miniature models used in wargaming, comprising:

a display panel...
Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: Are Justia Patents different then USTPO and if they are different, in what regard are they different? officially etc.
Kevin E. Flynn
Kevin E. Flynn answered on Sep 15, 2020

Justia does not grant patents. Justia, like Google and other sites, provides ways for people to look at United States patents.

Each search tool will have some advantages and some disadvantages compared to other search tools. I have not used the Justia tool. The Google tool and the...
Read more »

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: Can I patent a similar product that’s on the market that has a different feature that makes it unique??
Kevin E. Flynn
Kevin E. Flynn answered on Sep 9, 2020

Yes you can. The telephone was first patented more than 100 years ago and people are still patenting improvements.

It is important to distinguish between patentability (the ability to get a new patent) and freedom-to-operate (the ability to make and sell your product in light of earlier...
Read more »

Q: I have an organizing system that would complement box legend clothes organizer. I would like to sell the idea.

I would like to sell the idea to the patent owner of box legend clothes organizer.

Kevin E. Flynn
Kevin E. Flynn answered on Sep 7, 2020

Congratulations on having a good idea. You may be able to make and sell this as an aftermarket enhancement for installed systems. That is one route and a route that does not require buy-in from the BoxLegend folks. You may wish to obtain a patent so that others do not make a similar product.... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: THis company Simple Wishes seems to have patents on a pumping/nursing bra, yet so many companies make these??

I just don't understand how they can have a patent for something that multiple other companies make and sell?

Kevin E. Flynn
Kevin E. Flynn answered on Sep 3, 2020

Many companies have patents on aspects of how a laptop computer works. Many companies make laptops. Some have licenses from other companies to use certain patents.

Frequently a patent covers claims for a particular improvement to a product. That patent issues and only those with legal...
Read more »

2 Answers | Asked in Patents (Intellectual Property) on
Q: where can I search patents

I want to check if anyone has already patented something I designed. I'm not sure if it it falls under patent or industrial design. Can I check in both places?

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

This slide set might be helpful as it has some useful tips on patent searching. It was first presented in an October 2016 presentation at the RTP Frontier as part of the lecture series for Triangle TechBreakfast. Teaches entrepreneurs on how to perform searches for relevant patent applications... Read more »

View More Answers

1 Answer | Asked in Patents (Intellectual Property) and Copyright for Texas on
Q: Does someone have a patent on dog whelping boxes or cages with uv lights to kill all germs, bacteria and viruses?

Lots of breeders and pet owners have puppies die every month from Parvovirus in my area.

Kevin E. Flynn
Kevin E. Flynn answered on Aug 25, 2020

Short answer is that I do not know if whelping cages/boxes with UV lights are covered by a patent. Using UV lights to kill bacteria etc. is fairly well known so I am not sure that I see the inventive twist that would be covered by a patent

You may want to do some preliminary searching...
Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: Hello my name is jason I’m an inventor and came up with an idea and submitted it. Come to find it’s not patentable

I would like to speak to the inventor

Kevin E. Flynn
Kevin E. Flynn answered on Aug 24, 2020

First you should consult with a patent attorney to see if the patent that concerns you actually is still in force. It may have lapsed early for failure to pay the maintenance fee and contacting them may cause them to belatedly revive it.

But if you are sure that you want to contact the...
Read more »

2 Answers | Asked in Patents (Intellectual Property) for Ohio on
Q: I want to make portals is there anyway I can legally do this considering patent number 10479156

I believe this patent is for a gear driven portal and the case is one machined piece the product I want to sell is chain driven and the case is made of multiple pieces welded together can I legally sell this

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

Infringement requires that your product have every element (noun, verb, relationship) that is set forth in at least one issued claim.

10479156 has as claim 1

1. A portal hub assembly comprising:

a portal box;

an input opening in said portal box configured to...
Read more »

View More Answers

4 Answers | Asked in Patents (Intellectual Property) on
Q: I want to do a patent search with a company. But it isn't throwing any results. Could you please help me?

Patent search help

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

It is not clear what you have already tried. Here are some tips that I provided in a seminar to entrepreneurs on patent searching. http://bit.ly/Patent_Searching Perhaps something here will help you get an initial set of relevant patents or published applications. Once you have a few, then you... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.