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Questions Answered by Kevin E. Flynn
1 Answer | Asked in Patents (Intellectual Property) for Nevada on
Q: Can I create a product that is similar to a current patented product?

There is currently a patent for an item that has interchangeable heads that screw on. Can I create the same type of product with interchangeable heads if it attaches in a different way?

Kevin E. Flynn
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Kevin E. Flynn
answered on Mar 25, 2021

First, I commend you for giving thought about whether your proposed course of action will be beyond the scope of the patent rights of another.

Now to the question of whether you can do what you propose. The answer is it depends. It really depends on what specifically is in the claims of...
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3 Answers | Asked in Contracts, Copyright and Patents (Intellectual Property) for Illinois on
Q: Is there a type of disclosure document that I can use to protect an IP idea that i am working on, before it's designed?

I have an idea that I'm working on that will have to be patented, but i am reluctant about asking people with the knowledge to build the idea for assistance as they may steal it and create it themselves. Is there a type of disclosure document that I can use to protect my idea?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Mar 23, 2021

I am not licensed in Illinois so you need to ask a local lawyer. But you should ask to have a Non-Disclosure Agreement that you use when you are vetting vendors and a more detailed agreement that you use when you hire a vendor.

The second agreement needs to include many things. For the...
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1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: How can I obtain an electrical drawing of an issued patent for a tabletop home deep fryer? The patent is #D600066.

The patent # on the bottom of the deep fryer is 200630060898.8 I took my deep fryer apart to clean the build-up of oil and grease and I want to be accurate in reassembling the electronic and mechanical parts. The Canadian Patent Office helped me obtain the American D600066 number.

Where... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Mar 18, 2021

Sorry. All you have is a design patent number. That just shows the ornamental appearance and none of the inner details.

https://patents.google.com/patent/USD600066S1/en?oq=D600066+

2 Answers | Asked in Patents (Intellectual Property) on
Q: I was the CEO of SuriLight I like to know (1)if any of our patents are still valid. How the 20 yrs expiration counted

(2) how can we recover the patent right, if we forgot to pay the annual fee.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Mar 14, 2021

This is a shame. It indicates a breakdown in the teamwork between a patent attorney and a client.

Let me answer your question in pieces.

Patent term is more confusing than it should be. The one part that is simple, is that patent term is not a function of the technology. There...
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1 Answer | Asked in Patents (Intellectual Property) for Delaware on
Q: US6433276B1 Can I sell this product after the patent expires? Can Patents be renewed?
Kevin E. Flynn
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Kevin E. Flynn
answered on Mar 11, 2021

Patents cannot be renewed after the end of their full term (in contrast to trademarks and copyrights).

To be clear, a patent that goes abandoned early for failure to pay a maintenance fee can be revived if the failure was unintentional.

To the extent that one patent has expired,...
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2 Answers | Asked in Patents (Intellectual Property) and Social Security for Florida on
Q: I’m 20 years old and I’m dad refuses to give me my ssn.

He told me he was it and the only way I would be able to get it is by changing my address on my driver’s license.

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

This is not a patent law question (inventions). I hope that someone familiar with social security issues can be of help.

Kevin E Flynn

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: I left a company. They can regist a patent, where I am as inventor, in USA without my permission?

I left a company.

Now, i see that they register a patent in USA, after I left the company. I never give any permission to register the patent in US territory.They can regist a patent, where I am as inventor, in USA without my permission?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Mar 7, 2021

If you were employed to invent things, then yes.

They can file without your signature if you were under an obligation to assign your rights. They have to jump through some hoops. My memory is that they need to reach out to get your signature but can proceed if you refuse. I have not...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: i have an invention idea that worked what do i do now ?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Mar 5, 2021

Depending on whether you want to commercialize this invention (sell it to others) you may have a lot of things to do. You may want to create an estimate on the size of the market and the likely costs to make your product.

But at bare minimum, you will need to consider whether you should...
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2 Answers | Asked in Patents (Intellectual Property) for Oregon on
Q: how long is a chemical etching patents?

For example, what is the duration of a patent 10640679

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Mar 3, 2021

Patent term is more confusing than it should be. The one part that is simple, is that patent term is not a function of the technology. There is not a way for the applicant to apply to extend the patent term (unlike trademarks or copyrights). (but as noted below, there are things that can shorten... View More

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2 Answers | Asked in Real Estate Law, Legal Malpractice and Patents (Intellectual Property) for Louisiana on
Q: If I purchased a house for me and my deceased wife can her children take me to court and take my house
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Feb 28, 2021

This was listed as Patents Intellectual Property. That is what I do and this is not a question I can help you with. Perhaps you should add Family Law and Probate.

Good Luck.

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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: My father in law is going to be admitted to a state run retirement home by adult protective services of tx. No will

His wife passed away before Christmas and has dementia. He lives in Texas and we live in Florida. He has no will. My husband is the only child of his. They said when he is released from the hospital that he will be sent to the state run nursing home. Then at that time his home will be locked... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 23, 2021

You need an answer from someone that knows. Your question was posted to patents (inventions). You need to seek someone in Texas with knowledge of elder law and related topics.

Good luck.

Kevin E Flynn

1 Answer | Asked in Patents (Intellectual Property) on
Q: Is there a patent for fashion removable sleeves details?

I have been making some dressy add on sleeves and I am trying to find out if the idea has already been patented

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Feb 22, 2021

Here is one piece of the puzzle.

In the US, you need to file a patent application within one year of

A) your first sale of the item

B) your first public disclosure -- including posts to social media

C) your first public use.

A patent attorney will be able...
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1 Answer | Asked in Patents (Intellectual Property) for Connecticut on
Q: If a U.S. Patent is granted after first being filed as a Provisional Patent, does the U.S. Patent expire on its grant...

...date or 20 years after the Provisional Patent's file date?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Feb 17, 2021

Assuming all maintenance fees are paid and there is not a terminal disclaimer linking the end date to another patent, then the termination date is 20 years after the first non-provisional application in the family plus any bonus days extending the term through Patent Term Adjustment (PTA).... View More

1 Answer | Asked in Patents (Intellectual Property) on
Q: where can i get patents only for toyota cars ?

I am writing my thesis and would like to know where I can find patents for Toyota vehicles

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

The USPTO search site allows you to use search fields including assignee. This won't pick up a patent that was later assigned or licensed to Toyota but this will get you started.... View More

Q: Can I file for a patent to improve a product on the market?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Feb 6, 2021

Yes you can. However, depending on whether your improved product falls within the original patent you may need a license to the original patent to sell a product. If your improvement is a kit to upgrade the original product then you may be ok. Lots of details and nuances. Best bet is to talk... View More

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3 Answers | Asked in Patents (Intellectual Property) on
Q: I want to patent an orthopedic implant

I am an orthopedic surgeon in Jammu, India and I want to patent an orthopedic implant, an external fixator and I would like to seek your guidance to proceed further.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Feb 4, 2021

1) I do not know of India has any technology export rules that would impinge on your ability to work directly with a US patent attorney. Best to check that with your business attorney.

2) There are differences between the US practice and the practice outside of the US in that the US is one...
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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: what are the best search terms for an idea related to packaging for the mail?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Feb 2, 2021

Like a lot of things in life, it is hard to know the best way to do something until you have at least done some pilot projects. My slides at https://bit.ly/Patent__Searching give some tips.

It is hard to pick the perfect terms since some patents were translated into English and have a...
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2 Answers | Asked in Real Estate Law, Probate and Estate Planning for New Jersey on
Q: Grandfather passed away with no spouse father passed away 2 months after no will was made who inherents the estate

Im am the grandson and attempting to begin the probate process i assume...

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jan 20, 2021

I am sorry for your loss. This question was pushed out to patent attorneys and does not belong there. I am responding so that the question it linked to the right groups.

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2 Answers | Asked in Patents (Intellectual Property) for Massachusetts on
Q: What types of inventions have to be patented
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jan 18, 2021

Agree that there is not a legal mandate to patent any invention (putting aside the requirements of government grant recipients to timely report inventions so that the government can elect to patent the invention if the grantee does not).

A patent is like a fence around an orchard. It...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: What countries have a pipeline protection patent system, same as in the U.S.?

"Pipeline protection" being the system by which a someone could obtain patent rights in another country for the remaining time that they have left in the first country.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jan 13, 2021

I am not familiar with that term. Can you cite to a document or a web page that defines what you mean?

The current systems have expiration dates that are somewhat synchronized but I sense that you are thinking about something else.

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