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Florida Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Patent disclosure filed at Sperry Defense (SDE 86), infringed then ID'ed in TRAK product later. What is recourse?

1. SDE #86: Enhanced Tc of Alumina Substrate Utilizing Beryllia Embedding.

2. ~1983

3. Identified in Trak Lobby display, ~2001

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 25, 2021

There is no recourse. Sorry, but this is ancient history, and any rights that you might have had have long lapsed.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: If I know the patent number, how do I find out who licensed a patent, for how much, and when?
Peter D. Mlynek
Peter D. Mlynek
answered on Apr 25, 2021

Sorry, but you can't. Licensing terms, such as financials, are typically highly confidential.

The best that you can do is to find out whether the patent has been assigned to someone. Such assignments are typically recorded at the Patent Office.

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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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

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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1 Answer | Asked in Copyright and Patents (Intellectual Property) for Florida on
Q: What ways are there to have custom container holdings a persons feet that can be inserted in between 2layers of silicone

I want to be able to have a pocket for each foot to fit into (like a shoe) made of a silicone material that can fit in between 2 layers of silicone that looks and works like a Mermaid tail. Such as a mono fin or Flippers that are connected and require a swimmer to use both feet at once, unlike... View More

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Jan 9, 2021

I suppose you are asking whether you can get a patent for your product or conversely, whether your product could potentially infringe another patented product. A patent attorney can do a patentability search on your product and review patented products to provide you with an opinion on both these... View More

2 Answers | Asked in Copyright, Products Liability and Patents (Intellectual Property) for Florida on
Q: How much does it cost to review a product we are producing for a client's promotional gift to avoid patent violation?
Kevin E. Flynn
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Kevin E. Flynn
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...
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1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for Florida on
Q: I have a disclaimer. Can I stop some else from using the words on their website, logo/trademark outside the USA?

My trademark has all generic words I have a disclaimer for all the generic words on my trademark. however I have noticed a website using my trademark words on their website and company name as well as their domain have a couple words from my trademark. Can I stop them from using those generic words... View More

Tania Maria Williams
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Tania Maria Williams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2020

It depends on how the words are being used. Usually the disclaimer means that you do not have rights to that word outside of its use as part of your mark. Therefore, their use of the words depends on the similarity in the marks as a whole. With regard to stopping them, you may be able to send a... View More

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: When there are 2 entities under Assignee, for example "X, Y" Can X use the patent independently from Y or needs agrment
Stephen Kontos
Stephen Kontos
answered on Sep 18, 2020

It depends on the agreement between the entities. Unfortunately, there's no way to know what each entity is permitted to do based on the text printed on the first page of the patent. For example, if the patent was sold, the Assignees listed on the front page would not be updated to reflect the... View More

Q: I have an organizing system that would complement box legend clothes organizer. I would like to sell the idea.

I would like to sell the idea to the patent owner of box legend clothes organizer.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Sep 7, 2020

Congratulations on having a good idea. You may be able to make and sell this as an aftermarket enhancement for installed systems. That is one route and a route that does not require buy-in from the BoxLegend folks. You may wish to obtain a patent so that others do not make a similar product.... View More

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Who is the best lawyer to use to file a patent for CLASSIFIED electromagnetic asteriod propolsion system?

electromagnetic asteroid propulsion system

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Aug 16, 2020

You want a lawyer with a Ph.D. in the scientific field and has experience working with NASA or other government agencies. Please let me know if you have any additional questions.

Liliana Di Nola-Baron, J.D., Ph.D.

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

Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Aug 5, 2020

A U.S. provisional patent application (PPA) never itself becomes a patent so the name is a bit of a misnomer. A utility patent application (UPA) can claim benefit of a PPA if the UPA is filed by the first year anniversary of the PPA.

In any case, a PPA can be assigned (bought) from the...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Can two patent applications have identical titles? If so can you find an example?

An inventor filed for two patents with the same title at the Austrian patent office. But when he obtained two U.S. patents with those Austrian patents as priority, his U.S. patents had TWO DIFFERENT titles. If the U.S. patent office didn't care, why didn't his two U.S. patents have the... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Jul 4, 2020

Yes. Absolutely. In the US, anyway.

The rules in the US about titles of patent applications is fairly liberal. A title must be "short and specific", meaning fewer than 500 characters, but I've found that the Patent Office does not really care. At most, they delete leading...
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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
PREMIUM
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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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?
William Scott Goldman
William Scott Goldman
answered on Jun 29, 2020

While trademarks and copyrights are my specialties, I work with several excellent patent attorneys/agents, so feel free to call or email, and I'll set up an introduction...unless a patent attorney responds directly to your request on Justia, of course!

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3 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Suppose I apply for a patent. While I am waiting, can I request that the title (name) of my patent be changed?
John Rizvi
John Rizvi
answered on Jun 29, 2020

Yes, if you have filed for a patent and want to change the title, you have two options depending upon what type of patent you have applied for. If it is a PROVISIONAL PATENT APPLICATION, you can submit the proper title when you convert to a NON-PROVISIONAL PATENT.

If, on the other hand,...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Does a provisional patent application for a lotion require a specification drawing? If so what would it contain?
Peter D. Mlynek
Peter D. Mlynek
answered on Jun 7, 2020

In order to claim benefit from the patent application, the claims must be supported by the disclosure in the provisional application. If you need drawings, then the drawing should be in the provisional.

Now, an application to a chemical composition, such as a lotion, do not generally need...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Can J-1 visa apply gene signature for cancer prognostic in U.S. ?
Peter D. Mlynek
Peter D. Mlynek
answered on May 24, 2020

The visa status is immaterial for patent applications. A person of any nationality or citizenship can apply for a patent.

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: So this guy was granted a patent for a 2 cylinder engine design. decided on a different design under the same patent?

I finally found the patent number he claims is for the current model which is a completely different configuration but using a modified version of the original patent. He claims that makes the current design patented also. I disagree! I think he got a crooked patent attorney to trick the system... View More

Peter D. Mlynek
Peter D. Mlynek
answered on May 19, 2020

I don't think that we are able to guess whether the patent covers the improved engine or not, based on the description alone. A couple of notes:

(1) It is very common that a company comes up with an invention, gets a patent for it, and keeps improving the product. The question...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Someone is claiming that they don't have to share patent number due to extension of submission period..

I'm trying to get the alleged inventor to share the patent number of the invention they claim has had a patent granted to it already.

Their story is they built a prototype of a different form, got it patented which was a few years ago, (can't dig up the patent number for that via... View More

Peter D. Mlynek
Peter D. Mlynek
answered on May 17, 2020

None of this makes sense. I think that your friend is pulling your leg.

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