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There are all sorts of products that are similar or improve on an already existing idea. My idea is in that atmosphere, but the marketing concept for my would-be product is vastly different than the product that already exists. I've been brainstorming ways to create a different design that... View More 
answered on Dec 28, 2020
A patent attorney is the key to a proper answer to whether you infringe the rights of others.
But it can help to learn a bit about the process before you speak to the attorney. Here is some background on Freedom-to-Operate searches/opinions and on designing around a patent claim.... View More
Virgin had an announcement "Richard Branson: Got a business idea? Do this with it" they still have: https://www.virgin.com/about-virgin/latest/richard-branson-got-a-business-idea-do-this-with-it
I gave full discription, benefits, etc...
I had letter that they asked for... View More
answered on Dec 28, 2020
The bulk of your question falls outside of patent law issues so I will leave that to others.
I will note one tiny sliver of hope.
IF
1) Your communication was sufficiently detailed to provide information to enable the creating the hyperloop (rather than just suggesting... View More
If there are variations in my product to the original patent or the original game what are the legalities around this? Can I still sell this product or do I need to get it patented, etc?
answered on Dec 9, 2020
1) Patents expire at the end of their term and some die early. Step 1 is to ensure that this patent is still in force.
2) To infringe a patent, there must be at least one claim where your product has every required element of at least one claim. This is where a patent attorney can help... View More
"The pillow cushion has a first major surface, a second major surface, and deformable wall members extending between the first major surface and the second major surface. The deformable wall members are located and configured to define voids therebetween such that the deformable wall members... View More
answered on Dec 2, 2020
I see that what you quoted has more than one period. It looks like you are quoting the abstract. That is not what you need to look at. You need to have a patent attorney review the issued claims and see what they require.
A claim may have 25 nouns and 25 verbs but by law has only one... View More
answered on Dec 1, 2020
I don't use the Justia site to search for patents so I am not familiar with that interface.
Once you have found patents, you can download a PDF with the images using the pat2pdf.org site.
You can also search for patents in a special part of Google.... View More
What are my first steps to patent such a beautiful plant?
answered on Nov 23, 2020
Only a subset of patent attorneys work with plant patents. My suggestion would be as a first step is to look at some plant patents so that you understand what sort of information goes into a plant patent.
Next you need to search specifically for someone that handles plant patents as they... View More
answered on Nov 18, 2020
This is one of those searches that is best done on the USPTO site as you can specify the application type to narrow the search to design patents.
There are a number of design patents with "handcuff" in the title.... View More
answered on Nov 13, 2020
The costs vary but it can be expensive. This is called a freedom-to-operate or clearance opinion.
See == https://www.flynniplaw.com/services/legal-services/freedom-to-operate/opinions
The first step is that a freedom-to-operate search needs to be done for issued patents that have... View More
I develop a design from an invention and improve some parts, is it against the law if I sell my design. If it is against the law what can I do to make it legal?
answered on Nov 5, 2020
Kudos to you for caring enough to work to avoid the legitimate patent rights of the owner of an existing patent.
To infringe a patent, there needs to be at least one claim where each element (noun, verb, relationship) is present in your product. A dependent claim adds elements to an... View More
A method for interpreting user submitted coupon images is described. A coupon image is received over a network from a user. The coupon image is associated with a coupon. A server system processes the received coupon image to identify one or more coupon matching characteristics. The one or more... View More
answered on Oct 22, 2020
Do not worry about the abstract. The only thing that matters is what is in the issued claims.
The approval date for a drug named BIKTARVY is 02/07/2018 and the date of the first-expiring patent is 11/04/2020. Meaning the amount of time between the approval date of the drug and the date of the first-expiring patent is 2 years, 8 months and 29 days. Why would it be too short and not a length... View More
answered on Oct 21, 2020
PATENT TERM
Patent term is more confusing than it should be.
Old rules were that patents had a term of 17 years from when they issued. New rules are that apply to patent applications filed after June 8, 1995 are 20 years from the first non-provisional patent application.... View More
She lives in Florida and I have been trying for two years to get my stuff back. I asked her for the property back or the money to replace it and she told me that I was getting nothing back and that she didn’t owe me anything. I never abandoned my property, I had been kicked out by them and... View More
answered on Oct 20, 2020
This question has been posted to the attorneys that handle patents (a way of protecting an invention) and to intellectual property (patents, copyrights, trademarks, trade secrets).
The problem described does not belong in these categories. You may want to talk to someone with experience... View More
answered on Oct 21, 2020
I agree with the advice that you should work with a patent attorney to sort this out. I will add that it may be prudent to do some initial searching before that first meeting with the patent attorney. My slides as http://bit.ly/Patent_Searching may help you with your DIY searches that will help... View More
I was a Ph.D. student working with my professor at University. We together applied for two patents, which were approved in the U.S. and Europe. My professor later started a company and licensed these patents from the University. Recently on the news, a large company sub-licensed these patents again... View More
answered on Oct 15, 2020
This is not a patent law question per se. This is more of a contract/employment law issue. Thus, you need to consult with an attorney from the state where you were a student. Frequently, Ph.D students sign agreements as they are being paid to teach or to work in the labs. These agreements will... View More
How can we get permission to test him to see if he is my moms dad? He has early Alzheimers but he still recall many things.
answered on Oct 15, 2020
To the Justia moderator, this is a question about Parents not Patents so the Patents topic should be dropped.
I offered to sell the patent to Fiskars in early 2009, after a long distance call they went quiet on me.
I just discovered that they went ahead and claimed the patent for themselves. My patent was published in a journal in South Africa shortly after South africa joined the international... View More
answered on Oct 12, 2020
This is a fact intensive question that will require an attorney to step through the details. I have not taken a position on whether the Fiskars patent overlaps with your South African application.
But as a general matter, if a US Patent was filed on the invention of another, then there... View More
Am able to do it or what do I need to do to sell it legally? Thank you!
answered on Oct 2, 2020
A United States Patent applies to the United States. (make, use, sell, offer to sell)
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... View More
What legal actions can be taken place if a neighbour of mine blocks the way to the terrace which is mine, but the way for me to go there comes through the floor of my neighbour?
answered on Sep 29, 2020
I am not sure whether you have a weird lease or some other situation that gives rise the fact situation that you present but it does not sound to me to have anything to do with patents or constitutional law.
If you have a common landlord, you may want to start there but this sounds like a... View More
Company in the Netherlands that wants to produce maglev doors
answered on Sep 22, 2020
First, let me applaud your desire to avoid infringement of patent rights. It is smart to be careful about impinging on the rights of others.
To answer your question, someone would need to look and see what relevant patents are issued in Europe. Not every company seeks patent protection... View More
answered on Sep 18, 2020
The answer from Mr. Klosowski is correct. Bottom line, if there is an assignee of the rights to a patent that is not expired and is otherwise enforceable, then you will need to deal with the assignee with respect to accessing rights to the patent.
I hope that this helps.
Kevin E Flynn
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