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Questions Answered by Kevin E. Flynn
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 »

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1 Answer | Asked in Patents (Intellectual Property) on
Q: Is it possible to know the value of the patent?

Hi, I'm a university student from Mexico, studying a course about "Patent, Brands & Franchises".

For a homework I was wondering if,

Is it possible to know the value of a patent?

Is there a website/platform where I can find the value of them?

Thank you for your time.

Kevin E. Flynn
Kevin E. Flynn answered on Aug 19, 2020

A patent is a fence around an orchard. The patent fence keeps others from stealing your apples from your tree. However, if your orchard is not well tended and is not generating any apples worth eating, then the fence is not very useful.

Further, if you chose to grow a bitter fruit that...
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3 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Texas on
Q: Can someone patent, trademark, or copywrite their first, middle, and/or last name?
Kevin E. Flynn
Kevin E. Flynn answered on Aug 18, 2020

Not a candidate for a patent.

35 USC 101 Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title....
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3 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Hi. I have found a guy who has a provisional patent on a device I was looking to manufacture.

He is 80 years old and never done anything with the provisional patent.

If he agrees, is it possible for me to pay him to assign a provisional patent over to me so I can run with it... or can that only be done on a fully issued patent?

Thanks

Kevin E. Flynn
Kevin E. Flynn answered on Aug 5, 2020

Some provisional patent applications are not likely to lead to an issued patent. Sometimes the provisional patent application does not have sufficient detail to support any useful claims. Sometimes the provisional patent application covers a new item but the differences between the new item and... Read more »

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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: Can we manufacture and sell this product

We are planning to start e commerce business and finalized a product after browsing lots is products on global sourcing. But when we searched same product on amazon it says a patent has been filed on the product - US Utility Patent No. US 9585455 B2. US Design Patent No. USD 821033. Can we... Read more »

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

Those are granted patent numbers. If you make, use, sell, or offer to sell a product in the United States that is covered by these patents, then you will be infringing. As you know of the patents, they may seek to enhance the damages up to 3x for willful infringement.

You need to either...
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2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Texas on
Q: My friend and I have come up with an idea that we want to market. It is extremely unique.

My friend and I have come up with an idea that we want to market. It is extremely unique. We have been researching for a few days now to make sure there is nothing like it on the market. We were trying to figure out if we need a patent to manufacture the product to sell or if we need a copyright.... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jul 27, 2020

It is not clear what your invention is so my answer is going to be somewhat general.

You asked "can we file the paperwork with the U.S. ourselves"? The answer is yes you can. The USPTO allows inventors for file patent applications without the assistance of patent attorneys....
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: What if a patent has claims that r both trivial&prior art? And just a few claims that might be original? ....

Is the patent valid?

Can the use of those claims where there’s prior art be persecuted?

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

Patents are often a mix of independent claims (that start from scratch) and dependent claims (that add something to an independent claim or to a chain of an independent claim and one or more dependent claims).

Often what is added in a dependent claim seems trivial. Here is an example to...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Does researching feasibility of patent claims in eg a prototype or a pilot product require licensing?

The prototype/pilot is not to be sold or used for anything more that research as PoC or the feasibility of a final product?

I understand that if I use a patent for a working instrument in my lab the licensing is required, but not if it applies to an object of research?

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

The general rule is that developing a prototype is not immune from patent infringement. I have seen a suit against a university for doing qualification tests of a new device that arguably infringed a patented method.

As a practical matter, it is unlikely that a patent owner will know or...
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1 Answer | Asked in Patents (Intellectual Property) for Nebraska on
Q: Does an employee that invents a product for an employer have any patent rights?

Approx. twenty years ago my father, xxx, invented the multi-bevel needle for Becton-Dickinson. He worked there for 37 years & has since retired. They named him the "Founding Father of the Five-Bevel Needle". All he received for this was a satin jacket with this embroidered on it.... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jul 23, 2020

Congratulations to your father for making a real contribution to an important medical device.

As a general rule, when you are paid to invent, then company expects that the fruits of your work belong to the company. Normally, you sign agreements or consent to company policies as a part of...
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3 Answers | Asked in Products Liability and Patents (Intellectual Property) on
Q: Cease and desist letter from Kilpatrick Townsend

I received a cease and desist letter from Kilpatrick Townsend about selling headphones similar to airpods. What should I do now?. Should I respond?

Kevin E. Flynn
Kevin E. Flynn answered on Jul 19, 2020

The best answer is to take the cease and desist letter and you headphones to a patent attorney. It could be that there is a mistake and you do not infringe any rights held by others.

It could be that you may be able to modify your headphones so that they are no longer covered by the...
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2 Answers | Asked in Patents (Intellectual Property) for Georgia on
Q: If modifications were made to enhance or improve this patented shading system, would that be patent infringement?

U.S. Patent: 10190330

Kevin E. Flynn
Kevin E. Flynn answered on Jul 17, 2020

If the broadest claim in a patent requires 5 things--To make this easy, call them A, B, C, D, & E.

If your improved product added some new features (F & G) so that your device had A, B, C, D, E, F & G. then your improved device would infringe as you have A-E as called for in the...
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2 Answers | Asked in Patents (Intellectual Property) for North Carolina on
Q: I am designing a Beach shade system. How do I know what I can build and not build? What does patent pending mean?

Similar to the Shibumi Shade. What part of this patented and what isnt. I have a similar idea.

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

Patent Pending means that the person has asked for a patent and the application has not yet been granted or denied. If someone puts patent pending on a box, that might have been accurate when they put it on the box but may not be accurate now.

To sort out what things are patented on beach...
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3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Is the patent still valid and can someone build this system outside USA?
Kevin E. Flynn
Kevin E. Flynn answered on Jul 7, 2020

A United States Patent Applies to the United States.

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 covered.

However, a...
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3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Hello, I would like to enquire if using a specific type of solid fuel in a piston engine is uniquely patentable?

A solid fuel piston engine, with a specific fuel type with a specific waste types.

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

This is a public forum and not the place to share your innovative concepts. I encourage you to share the nuances of your idea only with a patent attorney that you are interviewing to hire. The attorney-client privilege attaches early so you can share confidential information to interview... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Can two patent application have exactly the same title? If so, can you give one example?
Kevin E. Flynn
Kevin E. Flynn answered on Jul 4, 2020

There is no rule prohibiting two patents from issuing with the same title. What is unique about a patent is the patent number and the patent claims.

I do not have an example in my issued patents as I go out of my way to avoid using the same title as I find it confusing to have more than...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: Is ultra pro patent right for the USA or all of North America? Whats the law about change the design of a top loader?
Kevin E. Flynn
Kevin E. Flynn answered on Jul 4, 2020

There is not a regional patent for North America. One can obtain a patent in the United States, and separate patents in Canada and Mexico. The patent examiners in the three states negotiate the terms of the patent claims independently with the invention owner and thus the final outcome may lead... Read more »

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3 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: If my two patent applications can’t have the same title, but the priority country allows it, how is that handled here?
Kevin E. Flynn
Kevin E. Flynn answered on Jun 29, 2020

I am not aware of a rule that precludes having two patent applications with the same title. As a practical matter, I avoid doing so but I am not aware of a rule that will prevent it. If both applications issue as patents, they will be unique based on the patent number even if they have identical... Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: 6340334 patentIs there anyway to check if products out today are anything close to our patent?

I did see a couple manufactures last year that make portable boxing rings, don’t know if that would be close to our design? Maybe just improved idea??

Let me know if you have any interest

Thanks

Kevin E. Flynn
Kevin E. Flynn answered on Jun 19, 2020

Jeff,

Google Patents notes that your patent expired in 2006 for failure to pay a maintenance fee. You may want to discuss this with your patent attorney. There are ways to pay for an unintentional failure to pay a maintenance fee to revive a patent that lapsed for failure to pay the...
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1 Answer | Asked in Patents (Intellectual Property) for Minnesota on
Q: I paid $8k to get a book produced for an invention. I gave it to someone 8 yrs ago and it was never returned. Can I sue?

I have asked for the book over the years and I never got a response. It's quite possible that someone else came up with the same idea and patented it. How do I pursue filing a lawsuit?

Kevin E. Flynn
Kevin E. Flynn answered on Jun 14, 2020

The first stage of this problem is not a patent question. Seems that at the core, that you had a contract with someone to do something for you. You said that you paid and provided material for them to use on the project and they did not perform. You should start with contact with an attorney... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Georgia on
Q: Can you patent a specific thread dimension? We manufacture a product with a custom thread, Can a competitor match that?
Kevin E. Flynn
Kevin E. Flynn answered on Jun 5, 2020

It would need to be something very unusual to get a patent on the specifics of the thread geometry. Virtually every possible combination of handedness, threadform, thread angle, lead, pitch, starts, has been done. There seems to be more appetite in the USPTO to grant patents for orthopedic bone... Read more »

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