Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Kevin E. Flynn
1 Answer | Asked in Patents (Intellectual Property) on
Q: Is there a way to get in touch with Jay schake regarding patent 6227192
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 27, 2018

The USPTO lists the correspondence address for this patent as Jay Schake, 2377 Old Tavern Rd. Powhatan, VA 23139

It is possible that this address is no longer current and Mr. Schake did not update the USPTO. But that is a start.

I hope this helps.

Kevin E Flynn

1 Answer | Asked in Patents (Intellectual Property) on
Q: if patent number 9402810 has ended, can use this patent without license?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 26, 2018

United States Patent No. 9,402,810 for Pouch Containing Nicotine in Free Salt Form was issued on August 2, 2016. On the USPTO PAIR system, I do not see any indication that this patent has lapsed or been terminated.

The more general answer is that one does not need a license to use the...
View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: Iam from India. Can I use a tech patented in US?

Can I use Klaus S Lackner's CO2 removal tech for college research purpose and further commercialization?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 24, 2018

A United States patent gives the owner the right to prohibit use of the patented technology within the US. That includes making, using, selling, or offering to sell. So a US patent prohibits someone from making something in Canada and selling it in the US or making it in the US and selling it in... View More

2 Answers | Asked in Trademark and Intellectual Property for Maryland on
Q: Is it legal for me to use “Fruit Loops” as a flavor?

I own a CBD brand and we sell terpene infused vape pen cartridges. One of our flavors is “Fruit Loops”. We own the image on our packaging but I’m curious if the use of the term violates any trademark/patents owned by Kellogg’s. Thanks so much!

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 17, 2018

I agree that you should consult with a trademark attorney and be prepared that you may face aggressive action by the larger company even if there is a technical argument that you are in two different market segments. Trademark law allows for Delta to be used with respect to an airline and with... View More

View More Answers

1 Answer | Asked in Patents (Intellectual Property) on
Q: Will a customer production suffers(halted by court) ? if the two machine suppliers go to the court over patent issue?!
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 16, 2018

A United States patent can be used to stop others from making, using, selling, or offering to sell an item or process covered by an unexpired patent.

It is possible, although rare, that a patent owner can seek a preliminary injunction to stop a party from continuing to provide a product at...
View More

2 Answers | Asked in Patents (Intellectual Property) on
Q: Is it possible to patent a technology or design of a machine today, which is already in used for more than 25 years ?!
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 16, 2018

I agree with the first answer given. Let me add one more possibility.

Sometimes a solution known in industry is not known to the patent examiner. The patent examiner is best at finding things that were the subject of patent applications and sometimes fairly blind to common practices in...
View More

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Another company wants to buy my business, which has a patent associated with it for one of our products. If I move

forward on the acquisition, will I lose control over the patent?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 12, 2018

It depends upon what you and the buyer agree to.

If the rights to the patent have been assigned into your company and you sell that company to buyer, then buyer owns the assets including your patent. You would not have the right to practice that patented invention without getting a...
View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: how do i know if a granted patent in the states is also granted in other countries?

does it get granted in different countries autumatically once it get granted in the states ?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 9, 2018

Great question.

1) Each patent system works independently although there is a common front end called a Patent Cooperation Treaty application that is the start of the process for 152 patent systems. http://www.wipo.int/pct/en/pct_contracting_states.html

2) There are a couple of...
View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for New York on
Q: Is it possible to patent a very specific PROCESS that is part of a public website?

What if a competitor copies my website (same look and feel, 80% same text, and exact same process). He used my work as a template for his.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 7, 2018

It is hard to patent a web site under the current case law. You usually need to show that you have invented a way to make web sites work better and that is normally independent of the content of the web site.

Putting that aside for now -- one cannot take something that is already in...
View More

2 Answers | Asked in Patents (Intellectual Property) on
Q: What are the steps required to obtain a Freedom To Operate opinion on a patentable idea?

I'm interested in a US FTO opinion only.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 7, 2018

Here is some introductory material on Freedom-to-Operate opinions and the related concept of design around guidance.

https://www.flynniplaw.com/services/legal-services/freedom-to-operate/opinions...
View More

View More Answers

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: patent a social networking service idea that can be in an app, it is 100% new and 100% attractive

i need to know if i can patent the idea considering i am not an american national

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 6, 2018

There is not a requirement that you be a citizen of the United States in order to obtain a patent here. Many inventors obtain patents in several different countries.

I hope this helps.

Kevin E Flynn

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: How much it would be if I request patents for Machine Learning Patents (Class 706/12).?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 6, 2018

Step 1 -- you can pull up issued patents with class 706/12 using the USPTO search tools. http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&u=%2Fnetahtml%2FPTO%2Fsearch-adv.htm&r=0&p=1&f=S&l=50&Query=ccl%2F706%2F12%0D%0A&d=PTXT (Long URL as I... View More

1 Answer | Asked in Patents (Intellectual Property) on
Q: Hello How can I see drawings fig.1-4 of the Hull forms Patent? BR Igor Sinenko
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 4, 2018

You can use the USPTO site, Google Patents, or a site I like is https://pat2pdf.org/.

I hope that this helps.

Kevin E Flynn

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: How can I develop an app when there is already an app that has the same concept as mine and is patented?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 4, 2018

The answer is that you need to find a noun or verb in each independent claim of that patent that you do not have. Alternatively, you need to do some searching of prior art and find reasons why that patent should not have been issued as it was too close to the prior art.

This is hard work...
View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Tennessee on
Q: If you have a fantasy sports game unlike the typical fantasy game can it be patented
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 4, 2018

Possibly, but it will be difficult. After the decisions in Supreme Court Cases Bikski and Alice, it is fairly difficult to patent a computer program unless the computer program makes the computer operate more efficiently.

Step One is that you should look at recently issued patents to see...
View More

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: US Patent number 7,855,232, maintenance fee is due. This application is a continuation application. Pay will cover all?

This application is a continuation application of U.S. patent application Ser. No. 11/263,808, filed Nov. 1, 2005, which is a continuation application of U.S. patent application Ser. No. 10/760,741, filed Jan. 20, 2004, now U.S. Pat. No. 7,087,639 B2, issued Aug. 8, 2006, which is a divisional... View More

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 4, 2018

There are often families of patents. They may have an initial provisional application or non-provisional application and then a set of branches with divisional applications, continuation in part (CIP) applications, and continuation applications.

Some of these may issue as patents. There...
View More

2 Answers | Asked in Construction Law and Patents (Intellectual Property) on
Q: Hello, I am a Mechanical Eng. student in Germany and now doing a patent research for my construction project.

I am now searching for patents for (recycle) trash can or dustbin in public areas for example in train station or shopping building. Can you assist me with my research? Because I could not find anything related to my idea. Also, I want to know: trash can/dustbin is classified under which category... View More

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 2, 2018

I am providing a link to a slide set that I use to teach entrepreneurs how to do searches of the patent databases. http://bit.ly/Patent_Searching

I would start with Google Patents and do some really broad searching such as...
View More

View More Answers

1 Answer | Asked in Health Care Law, Animal / Dog Law and Patents (Intellectual Property) for Indiana on
Q: Who to best seek help from concerning someone with mental health problems who is about to loose their home

metal health issues. Has gone through all her money. Own her own home but we do not believe paying any taxes. she has a bird and dog she does not take care of. Lives with poop and pee everywhere. will not believe anything we tell her concening her finances. when they kick her out of her house... View More

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

I am sorry to hear of your situation. Your question was listed for patents (inventions). You may have meant paRents but that is not a category.

You may want to post the same question under Family law or Elder law as this is a question of intervening when a family member may not be...
View More

1 Answer | Asked in Patents (Intellectual Property) on
Q: I am looking for 1973-47941 japanese patent in english, dou yo know how can I get?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Oct 26, 2018

While imperfect, you may be satisfied by a machine translation of the Japanese patent by the web site run by the Japanese Patent Office.

Machine translated publications are available in the Japan Platform for Patent Information (J-PlatPat) database free of charge. Please access the...
View More

2 Answers | Asked in Patents (Intellectual Property) for California on
Q: Hi, is there a patent for stainless steel straws? I would like to sell on Amazon in different color variation.

Note: I see there are several Amazon Sellers selling the stainless steel straws? But it looks to me like there is a patent on this? Please advise? Thanks for your help!

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

If you want to do some searching for patents on stainless steel straws, you can pick up some pointers on searching for patents in my slide set at http://bit.ly/Patent_Searching.

I hope this helps.

Kevin E Flynn

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.