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Questions Answered by Kevin E. Flynn
1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Does a patent done in the US cover all parts of the world? Does the patent for wighat D814149 extend outside the US?

I want to know if a patent done in the US protects the design in other parts of the world.

What happens if someone else outside of the US also has same idea? Can they go on and bring their idea to life if they're in another part of the world, say West Africa?

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

A patent only applies in the country or regional group that issued the patent. A patent applies to things made in that country and to things brought into that country. If a product is created outside the US and never enters the US, then a US patent is not relevant.

Many companies will...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Are Patents issued in the UK restricted to the UK or do they cover all of the EU? What is the life of a patent?

What happens if patent holders allow other competing products on the market that conflict with an existing patent(s)? How many years can thes competitive products be allowed on the market before the Patent becomes unenforceable?

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

A UK patent is a UK patent. There is not yet an EU patent. You can get your patent application examined by the European Patent Office so you only have to do that work once, but the allowed EPO claims are then validated in individual EPO countries such as the UK. So one patent application may end... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: Am I able to manufacture an item similar to this patented design without repercussions?
Kevin E. Flynn
Kevin E. Flynn answered on Aug 5, 2019

Your question as conveyed did not include the patent number. But you said design. If the patent is a design patent, (rather than the more common utility patent), then that is normally pretty narrow coverage to keep someone from selling a product that looks confusingly similar to the patented... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Arizona on
Q: In claim construction should you use "or" before the phrase "combination thereof?" Some say avoid "or."
Kevin E. Flynn
Kevin E. Flynn answered on Aug 3, 2019

Or is a red flag to Examiners so try to avoid it. Sometimes you cannot.

Not sure where you are getting the verbiage "or combination thereof" . That is not a standard way to write a claim. A quick search of US patents found many thousands with the word "combination" in the claims. But...
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1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: If I want to design a stick such a stick would be for youth what sort of parent would I need and how would I go about it

I have the perfect idea because my son is a coach and many youngsters have given him ideas how do I go about it ?

Kevin E. Flynn
Kevin E. Flynn answered on Jul 30, 2019

A good place to start is to look at patents for analogous products. That will help you understand what is already patented and how much effort it takes to secure a patent. My slides at http://bit.ly/Patent_Searching will give you some tips on patent searching using free tools.

The patent...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Is this patent for invention, design or utility? Can someone with similar(but not exact) design sells own bag?

Infringement type: D816,988

Complaint ID: 6285184641

Its a bag with combo lock. My bag is lightly fatter then this designed in the patent. Also, my bag has bag handle from the left side. The design in the patent has handle on the right side. Is this enough to do not make IP... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jul 30, 2019

Your question as conveyed to the attorneys did not include the patent number. You may want to ask the question again with the patent number.

Here are some items that may help. If the patent number starts with a "D", then it is for the ornamental design. You can sell a product that...
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2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: Is this an actual patent or just an application/publication?
Kevin E. Flynn
Kevin E. Flynn answered on Jul 30, 2019

An actual patent will include a field in the upper right corner that says Date of Patent. A published application won't. There are other ways to tell but I wanted to give you the easiest one to explain via a post.

I hope that this helps.

Kevin E Flynn

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1 Answer | Asked in Patents (Intellectual Property) on
Q: please how can I download this patent
Kevin E. Flynn
Kevin E. Flynn answered on Jul 23, 2019

I do not use the Justia site to download patents. You can download US patents at Google Patents -- https://patents.google.com/ or http://pat2pdf.org/. There are other sites but these are two that I use all the time.

Kevin E Flynn

1 Answer | Asked in Patents (Intellectual Property) on
Q: Do you know if collapsible sinks/colander are patented?

I want to sell on Amazon through FBA, but every time I find a product and look it up on Google patents I always find a patent for it no matter what.

Kevin E. Flynn
Kevin E. Flynn answered on Jul 20, 2019

I think that it is great that you are taking the time to check to see if a product has a patent before you try to make a competing product.

A few pointers.

1) The product will usually have a marking on the product or the packaging for the product that indicates an issued US patent...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Pennsylvania on
Q: What is the likelihood of a patent holder being granted a second patent for a variation of his first patent?

If someone else filed for that second patent, I would argue that given my patent, that the second patent is obvious but it really isn't that obvious and I want to be the one to file before someone else does. An analogous example: Think of the old power line communications technology where using a... Read more »

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

You asked -- So if #2 is obvious, will the PTO be more "understanding" of my argument to distinguish (my second patent application) since I own the original patent?

In general, the USPTO treats your actions (sales, public uses, and public disclosures) the same as the the actions of others...
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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: If a patent attorney/agent accepts an inventor as a client, and the inventor then discloses his idea, and then further

....furthermore, while said idea has not been disclosed in public form, it turns out that the attorney/agent has accepted another client with the same inventive idea in process of being applied for - what is the attorneys legal obligation to 2nd client? Tell him that his idea has been "preceeded"?... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jul 18, 2019

Ideally, the process would not get that far. The attorney should ask each prospective client to say without disclosing anything proprietary what type of good or service have you improved? When the attorney learned that the second inventor was in the same space as the first client (possibly with... Read more »

2 Answers | Asked in Copyright, Products Liability and Patents (Intellectual Property) for Florida on
Q: I manufacture a simple/basic toilet seat cover. Is it safe to manufacture without violating any patents.
Kevin E. Flynn
Kevin E. Flynn answered on Jul 13, 2019

I agree with the first answer.

To further reduce your risks you can go to a plumbing supply store and look at the toilet seat covers. To the extent that any are marked with a patent, take a photo with your phone and look up that patent later. The manufacturers are apt to put their patent...
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Q: If a patent is assigned to a company, would the inventor get royalties or just the company?

My father was involved in patents and was not sure if the family is entitled to anything from them.

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

If your father was employed by a company and made inventions as part of his normal job duites, then the employer might consider your father fully paid in that he received his paycheck. As a paid to invent employee, the money paid by the company to your father would serve as consideration for the... Read more »

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2 Answers | Asked in Copyright and Patents (Intellectual Property) on
Q: Hello, I'm looking to patent a product. I've seen something similar however I'd like clarification, then will patent

I'm looking to patent a biodegradable portable charger for cell phones. I've seen some disposable charger patents however I'd like to clarify if I were to have a different product that essentially can be disposable, if I can patent it in a different way. If possible I'm happy to work with the... Read more »

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

One of the hurdles for a patent claim is to show that it is new and thus does not cover anything that has already existed in reality or on paper. That is not the hardest hurdle.

The hurdle that is the toughest is whether the changes from what previously existed to what you disclose would...
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2 Answers | Asked in Estate Planning, Intellectual Property and Patents (Intellectual Property) for Florida on
Q: If a person doesn't have a will but has sole rights to a patent, does Florida probate assign the nearest kin the IP?

corporation with zero value but with license to use and shares owned by deceased also

Kevin E. Flynn
Kevin E. Flynn answered on Jul 12, 2019

The patent system does not have special inheritance rules. The property passes in accordance with local law.

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1 Answer | Asked in Patents (Intellectual Property) for Colorado on
Q: If the patent is from over 20 years ago, can one proceed with manufacturing a similar product?
Kevin E. Flynn
Kevin E. Flynn answered on Jul 11, 2019

Assuming that you are correct that the patent is expired, then the smart move would be to look for newer patents to that cite the patent you have found. Tips on how to do that are at http://bit.ly/Patent_Searching. You may want to check for other patents on this product by checking the assignee... Read more »

Q: decorating false fingernail to sell, can a provisional patent application be filed, for process, false fingernail use
Kevin E. Flynn
Kevin E. Flynn answered on Jul 10, 2019

You can file a provisional patent application and say patent pending for a year but that may not be a long-term fix. In order for the patent process to be valuable to you, you need to get claims in a non-provisional application through the examination process. You will need to show that what you... Read more »

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2 Answers | Asked in Patents (Intellectual Property) for Nevada on
Q: Patent lawyer needed. Want to see if the idea I have for a new style of electrical box is already patented

searching to see if a patent is already taken for a new style of electrical box for your home.

Kevin E. Flynn
Kevin E. Flynn answered on Jul 9, 2019

You may want to review this slide set on how to do some preliminary searching on your own. http://bit.ly/Patent_Searching You may find that your idea is patented or was at least published as a pending application.

As noted in the slide set, you will not be able to see all the...
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1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: Can I take someone’s patent if it’s abandoned?
Kevin E. Flynn
Kevin E. Flynn answered on Jul 8, 2019

If you mean by "take" that you can pursue the patent process and obtain an issued patent and preclude others from practicing the invention. The answer is no as you were not the first to invent whatever is in the abandoned patent.

If you mean by "take" that you can make or use the ideas in...
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Q: Does this form of business protect my right internationally, to say I patent articles under the name of the corporation
Kevin E. Flynn
Kevin E. Flynn answered on Jul 8, 2019

We do not have an option for an international patent. (Yes, I know many people write that they have an international patent, but they are wrong). We have a type of patent application that is the front end for many patent system. This is called a Patent Cooperation Treaty Application (PCT... Read more »

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