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Questions Answered by Kevin E. Flynn
3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: How long is a "patent pending" status good for and what happens after this period ?
Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 9, 2021

To augment the useful answer already provided by Ms. Di Nola-Baron, let me add that the period that an application is pending varies greatly. If you expedite the process, it is possible to get a patent granted and issued within a year. The US government thinks that if the process takes more than... View More

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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Why my patents or patent applications are not updated on time?
Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 21, 2021

It is not clear what you are asking. Patents do not get updated. There is a maintenance fee that is paid three times during the life of the patent.

There is a process to correct errors in the issued patent but that usually results in a separate piece of paper called a Certificate of...
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2 Answers | Asked in Business Law and Patents (Intellectual Property) for Michigan on
Q: If a product has a similar purpose as another BUT it is a different design and material is a patent infringement?

My mother sews and saw a product a few years back that was neat - She thought it would work better with a different design and material - however it serves the same purpose - the other company that has a patent-pending on it contacted us today and I was curious where we can find the exact info on... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 17, 2021

The rights provided in an issued patent are very specific. The rights are to preclude others from doing what is in one of the claims. To infringe a claim, one needs to do everything in the claim (or a legal equivalent to what is in the claim).

This gets tricky. If a patent owner has...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: D845064- is this just a lid patent? I see many cups with this same design.
Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 15, 2021

Great question.

I looked at the patent. I agree, there is very little that strikes my eye as novel. Keep in mind that this is a design patent not the much more powerful but hard to get utility patent. This design patent does not preclude people from having a threaded top with a place for...
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2 Answers | Asked in Contracts, Copyright and Patents (Intellectual Property) on
Q: Hello I am very intrested in knowing what procedures I must undertake in order to have/ buy the patent of build a bear?

Since I am thinking in investing in my country Albania?

Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 15, 2021

Mr. Mlynek's answer was perfect. Let me drive home one point. A patent is a right to exclude within the country that issued the patent. So a US patent would cover things made, sold, or used in the US. That would include something made Albania and imported into the US or something made in... View More

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3 Answers | Asked in Patents (Intellectual Property) on
Q: Hello. I need the complete patent No 6,616,673

I believe this is just a brief of the patent. I need it completly

Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 9, 2021

https://patents.google.com/patent/US6616673B1/en?oq=6%2c616%2c673 has the HTML and the PDF.

I hope that this helps.

Kevin E Flynn

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2 Answers | Asked in Patents (Intellectual Property) on
Q: Are Patents Immoral actually and against the first amendment?

Like, specifically when multi-billion dollar companies do it. When they buy up patents and sue small companies for generally making something that looks like one of their thousands of patents, Isn't that kind of restrict the rights of the small businesses?

Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 8, 2021

A patent is a reward to inventors and to those the risk money to bring forth a new product or service. This was authorized in the US Constitution under Article 1 Section 8, Clause 8.

The Congress shall have Power * * * To promote the Progress of Science and useful Arts, by securing for...
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2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: What is actually patented on D906,015 Looks like a basic towel with small eyelet holes?

Looks like a basic towel to me

Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 1, 2021

The leading digit D tells you that it is not a utility patent (on the features) but a design patent on the appearance. This keeps people from selling things that look just like a product and thus fooling consumers into buying a knockoff. So they have not patented all combinations of towels with... View More

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3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: How can we sell a patented product? Should we ask the patent owner for their permission?
Kevin E. Flynn
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Kevin E. Flynn
answered on May 26, 2021

Think of a patent as a wall. There are a few options.

1) Work around it. Redesign your device to avoid the complete set of requirements of any one claim in the patent.

2) Get a door. Get a license to pass through the patent wall.

3) Break down the wall. Work to...
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1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: If I receive a patent for a device to perform a specific function, can I use that exact device for different function?

And still be protected under that patent?

Kevin E. Flynn
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Kevin E. Flynn
answered on May 26, 2021

It all depends on what you have in the specific language of the claims. If the claims are closely tethered to a specific use case then they may not apply to another use case.

Not sure what you mean by function. A patent on a method of using a screwdriver to drive screws is unlikely to...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: I am working on a thesis. I am interested in a patent. How much will it cost?

it's about Treatment of bisphenol-a residue streams

Kevin E. Flynn
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Kevin E. Flynn
answered on May 20, 2021

I interpreted your question as an interest in filing a patent application on innovations that are part of your work on your thesis.

If that is your question then here are two useful bits of information.

If you are a Ph.D. candidate and work in a lab funded with federal dollars or...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Has Dr. foci conducted himself in an unethical manner by receiving patents on medical inventions?

Fuci...sorry for misspelling

Kevin E. Flynn
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Kevin E. Flynn
answered on Apr 27, 2021

I have seen this sort of question floating around. It is based on a misperception on how patents work. Lots of people get named on a patent as an inventor as that is required by the US Constitution. But that does not mean that the person owns the patent or gets any profits from the patent.... View More

1 Answer | Asked in Patents (Intellectual Property) for Ohio on
Q: Is there a conviction for felonious assault in a felony murder B prosecution?

When the trial court instructs the jury "before you can find the defendant guilty of murder under this theory you must find the defendant committed the offense of felonious assault, which is knowingly causing serious physical harm?"

Kevin E. Flynn
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Kevin E. Flynn
answered on Apr 13, 2021

I do not know what happened but your question has been sent out to patent attorneys. Most patent attorney focus on helping businesses and inventors obtain patents and will not have the information you seek.

I suggest that you repost your question to go to criminal law attorneys.

1 Answer | Asked in Patents (Intellectual Property) on
Q: I would like to know what patents are under the name of Dearman Systems LCC or tas.net or unity
Kevin E. Flynn
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Kevin E. Flynn
answered on Apr 13, 2021

The ownership of a patent can change over time. The patent when it is issued can show the current assignee. However, the patent as issued does not get reprinted when the patent is assigned to another owner.

There is a USPTO database where patent owners can register the assignments and...
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1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: I need to find out if my father an grandparents left me an my siblings any land in Puerto Rican I was told they did

My mom told use we have a land but since my dad an grandparents pass away I'm not sure how to go about find out

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Apr 9, 2021

Your question was posted as a patent (invention) question for Pennsylvania. You won't find any good answers there. You need to ask the question again and say that your question is for "real estate law" for the US Territory of Puerto Rico (the territories are listed after the... View More

1 Answer | Asked in Patents (Intellectual Property) for North Carolina on
Q: Did Ronald Carter patent Ring Camera and CPI Security.

I was told that Ronald Carter patented the Ring Camera and CPI System. I asked who holds the patent and a different name comes up.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Apr 6, 2021

You may need to work with a patent attorney to fully answer this question. As a start, a Ronald Carter is a named inventor for US PAT. NO. US10949153B2 for Methods and systems for facilitating the generation of a customized response based on a context. The text of that patent indicates that... View More

1 Answer | Asked in Patents (Intellectual Property) on
Q: Question about infringing on patents

https://patents.justia.com/assignee/future-motion-inc

I'm looking to build my own self-stabilizing skateboard (one wheel). Do I infringe on future motion's patents by doing so? I'm gonna develop the technology myself, although the premises will be similar to those of the... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Apr 3, 2021

I am pleased that you care about avoiding the patent rights of others. However, the short answer is that there is no way to give you a useful answer in this forum. This question requires that someone with the right skills look in great detail at what has been claimed and what you propose to do.... View More

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: What would the legal processes and costs be if we develop very similar tech to patent #20210022609?

Our tech uses similar electronics to patent #20210022609, with the addition of piezoelectric power supply. This is our first experience of IP law as a start-up so I would be grateful for a run-through of the legal processes required.

-Would be possible to develop similar tech for market... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Mar 31, 2021

Let me help get you oriented.

1) 20210022609 is NOT an issued US patent. It is publication of an application for patent. It is part of a family of patent applications filed by Northwestern University including a PCT application which is the front end for many patent systems in the world...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: how to get patent number for our instrument?

we have made few modifications in NA fixator to make it easy and effective to use as distractor for closed IL nailing of femur and tibia and want to get its patent number but dont know the procedure, pl guide

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Mar 31, 2021

From your question, my sense is that you think that the patent process is much like seeking a trademark or a copyright where there is a registration and you get a number assigned to you.

That is not how it works.

For a patent to be granted on a particular claim, there are many...
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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: Is Hydra-Bore available to name a new product. Product is mounted on a Power Booster(tm) jets flow opposite direction.

External jets face opposite direction operated with water. Used on sludges 2 clean & for hydro excavation.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Mar 31, 2021

You need to repost this question as a trademark question so that is is presented to trademark attorneys as patent attorney work with inventions not names.

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