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Missouri Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Missouri on
Q: I filed for and received a patent for a product I invented.

I would like to make another attempt to market my invention. I believe my patent expired and would like to know how I can bring it up to date or does someone else now own it?

Kevin E. Flynn
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Kevin E. Flynn
answered on May 8, 2023

If you had an issued Utility or Design patent and that patent expired at the end of the life of the patent, then that idea is part of what the public gets to use without paying patent royalties.

If your Utility patent lapsed as you unintentionally failed to pay a maintenance fee, then that...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Missouri on
Q: This patent cites my grandfathers patent. But his last name has been misspelled can we get it corrected?
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2023

If your grandfather's name has been misspelled in a patent citation, you may be able to get it corrected. The process for correcting a mistake in a patent citation varies depending on the specific situation, but in general, you should contact the issuing authority of the patent that made the... View More

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1 Answer | Asked in Patents (Intellectual Property) for Missouri on
Q: How do I buy the patent for this abandoned patent ?
Carl Massey Jr
Carl Massey Jr
answered on Nov 17, 2021

You probably should not want to buy an "abandoned" patent. They're not worth much.

2 Answers | Asked in Patents (Intellectual Property) for Missouri on
Q: Can I patent an insulated holder, like a can “koozie” except instead holds handheld vaporizers/e cigarettes?
Peter D. Mlynek
Peter D. Mlynek
answered on Jun 29, 2020

Yes, you should be able to get a patent on it, if it is sufficiently novel and non-obvious.

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1 Answer | Asked in Patents (Intellectual Property) for Missouri on
Q: Can I patent an insulated holder, like a can koozie, but for electronic vaporizers?

I have a design for an insulated holder, like a can koozie, except instead of holding a can, it holds electronic vaporizers (Handheld “vapes” used for smoking herbs/herbal concentrates). Popular electronic vaporizers, like the Pax brand, have a common problem where the unit gets extremely hot... View More

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Jun 29, 2020

Dear Matthew,

First of all, congratulations on your creativity!

To best answer your question, we would need to do a patentability search to make sure that your invention is novel and non-obvious over other similar products. If the search shows that there is no impending prior...
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1 Answer | Asked in Patents (Intellectual Property) for Missouri on
Q: I have a pen patented on October 24 either 1976 or 1876. I was wondering if I could get anymore information about it

It says E. Faber. N.Y. And a number 7 engraved on the pen.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jun 22, 2019

You can start looking at these but I did not see one that matched this date... View More

2 Answers | Asked in Patents (Intellectual Property) for Missouri on
Q: Am I infringing on a patent?

I sell puck holders and someone has alerted me they have a patent. Their design is different from the one I sell. Plus, I don't physically make the holders, I purchase them from a different company and add paint/glitter to it.

The patent holder sent a DMCA takedown notice to my web... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Sep 19, 2018

I do not know whether the puck that you modify and resell infringes their patent. I do not know whether their patent is valid or expired.

However, to answer one of your questions -- Under 35 USC Section 271 (a)

(a) Except as otherwise provided in this title, whoever without...
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1 Answer | Asked in Patents (Intellectual Property) for Missouri on
Q: My name is xxx and I'm disputing some of these patents. There have been some people claiming patents
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jul 12, 2018

I am sorry, your question was cropped. Here is what came out.

My name is Sandrina Bouldin and I'm disputing some of these patents. There have been some people claiming patents

8162095255

Did you mean pa-Tents (protection given to inventors) or paRents as in parents of...
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1 Answer | Asked in Consumer Law and Patents (Intellectual Property) for Missouri on
Q: Can I go after a company for copying my product if I only went through the patient pending submission for the year ?

Didn't have the money to go all the way through the patient process. Another company got a hold of our product for the intent to closely reputicate it. What can we do legally or can we start the patient process all over again to try and protect ourselves before they do ?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Mar 26, 2018

If you had a public sale of your product, then your public sale put the product into the public domain and you cannot start over to seek a patent on that product. You could continue with the patent process if you started the process before the first public sale and did not abandon the process or... View More

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for Missouri on
Q: I prepared a research paper and sent it to my boss. I later saw it published with his name only. Is it legal?

I contacted the publisher and they are not willing to do anything. What are my options?

Peter D. Mlynek
Peter D. Mlynek
answered on Nov 13, 2017

Unfortunately, this happens to good researchers by bad bosses way too often, both in academia and in industry. I am sorry that it happened to you.

If you are a grad student or a post-doc, and you'll eventually need your boss's recommendation to get a good job down the road, it...
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1 Answer | Asked in Family Law, Patents (Intellectual Property) and Criminal Law for Missouri on
Q: My son is 15 and having a baby he sign the birth certificate? We live in the state of Missouri.

He says he knows the baby is his and wants his rights to the baby. I plan on doing a DNA test the day the baby is born.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 6, 2017

So sorry, your question was posted to PATENTS / INVENTIONS by mistake, you may want to change the topics associated with this question. I hope you find the answers you need.

Kevin

1 Answer | Asked in Patents (Intellectual Property) for Missouri on
Q: I have 2 issued U.S. utility patents and filed a 2nd CIP in Feb 2017.

Since the 2nd CIP is yet to be reviewed is it possible to file EU patents in the 90 days between being awarded the patent and the issuing of the 2nd CIP utility patent?

Thanks. BZ

Peter D. Mlynek
Peter D. Mlynek
answered on May 22, 2017

This is a fairly common question facing US clients wanting to file the subject matter of CIPs in Europe. Unfortunately, issued European patents off a CIP are rare.

In your case, you could file a EU application claiming priority to the 2nd CIP, since it has been filed less than 12 months....
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