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Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) on
Q: Hi, ive made an adaptor to fit onto Cookie G35, they claim infringement, but i dont see any patent on utility plate

They manufactered an utility plate to which ive made a custom adaptor to use with other model cameras, which still needs the original product from Cookie composite group. They have claimed that anything i produce which can be used with their helmet and utility system is an infringement, which i... Read more »

Kevin E. Flynn
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Kevin E. Flynn
answered on Dec 3, 2022

I am sorry but this sort of situation deserves a serious answer that will only come when a patent attorney looks at the accused product, the cease and desist letter, and the referenced patents. This is simply not a good candidate for casual comments on a public web site.

As a general...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Hi - I'd like more information on this patent: Patent number: 8633982

Is this a 20 year patent? How close to the design could a competitor come without violating the patented protection?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Dec 3, 2022

Google patents lists the expiration date of October 9, 2031 (assumes payment of all maintenance fees).

There are three independent claims. In order to infringe the claims, you need to do what is either literally in claim 1, 8, or 14 or be covered by the slight expansion of scope afforded...
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0 Answers | Asked in Consumer Law, Copyright and Patents (Intellectual Property) on
Q: Copy right personal laws

Basic personal use copy right laws for things like Nike, Disney characters etc

1 Answer | Asked in Patents (Intellectual Property) on
Q: Hello, I need an information about price on patent KIVA Transporting Inventory Item, are you able to help me with that?
Michael Cohen
PREMIUM
Michael Cohen PRO label
answered on Nov 28, 2022

Thank you for contacting our firm. We can certainly assist you this. Can you please provide a good contact number/email so that we can futher discuss. Thank you.

0 Answers | Asked in Patents (Intellectual Property) for California on
Q: Can i legally protect an idea i want to pitch to the automobile industry?

The technology is already there. I just want to "advise" them on how to better use it to save lives.

0 Answers | Asked in Patents (Intellectual Property) on
Q: I am making self ink stamp devise which is similar to TRODAT patent of STAMP AND ASSOCIATED STAMP PAD

having patent no. 11135864. Is any similar patent was granted to any inventor anywhere in world ?

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Abandoned patent used in research

I work for a research institute and there is an abandoned patent for a lifting conveyer. I'd like to use the concept on the patent as part of my overall project. Would I be able to use it in a research setting at a university? It's not the focus of my research but simplifies an a part of... Read more »

Stephen E. Zweig
Stephen E. Zweig
answered on Nov 16, 2022

If the patent was abandoned more than two years ago, then the chances that the owner could revive it are pretty low, and it should be relatively safe to use. If the patent expired due to "old age," then it is also safe to use. The main risk is if the patent was recently abandoned (less... Read more »

3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Can the formula for a specific type of concrete be patented?

I have developed a type of concrete specifically for my use making Anaerobic Digesters, which exhibits specific properties beneficial to the structure and operation of Mesophilic Anaerobic Digesters intended to be installed and operated as generational (extended time-frame) projects.

Stephen E. Zweig
Stephen E. Zweig
answered on Nov 9, 2022

Yes. Like all patents, however, the formula needs to be novel and not obvious. Check patents.google.com or other source to see prior art on concrete formulas. The good news and bad news is that there are a lot of concrete formula patents ahead of you. The examiner will be looking at your patent... Read more »

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0 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: is there a difference between practical use and statistical use in copyright law.

in copy right law making tangible copy is not protected of the subject of technical drawings from what i read it is because of practical use. statistical use is different because it is not useful until interpreted in a comprehensive way the result of data processing. chip masks are all of practical... Read more »

2 Answers | Asked in Patents (Intellectual Property) for California on
Q: Can you file a patent of a structure built from Bamboo?

A teepee for example

Stephen E. Zweig
Stephen E. Zweig
answered on Nov 3, 2022

It depends on the structure. The USPTO will not give you much if any credit for teaching Bamboo. They also won't give you much if any credit for teaching a known structure such as a teepee. However if you come up with a non-obvious and original structure, or some non-obvious way of altering or... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for New Jersey on
Q: Is it unwise to put foreign language patents in your prior art list when applying for a US patent? Thanks, Richard

I'm wondering if this would require the examiner to have the cited non-english-language patent(s) translated, thereby making their job more difficult and perhaps annoying them. Or would the examiner require me to have them translated since I put them in there?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 3, 2022

If you are aware of the material in the foreign patent (or other foreign language document) and the material is non-duplicative, prior, and material as defined in 37 CFR 1.56, you need to provide it. https://www.law.cornell.edu/cfr/text/37/1.56 Whether it may be marginally annoying to the... Read more »

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for New Jersey on
Q: Is this a complete list of patent applications for brass trumpet mouthpieces
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Oct 26, 2022

Your question did not contain the list. But even without seeing the list, I can warn you that some pending applications won't show up on a list. The default is that US applications are published 18 months after filing. So most applications filed within the last 18 months won't show... Read more »

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Q: How would copyright or patent for musical equipment work internationally?

Let us say that Country XYZ has no such thing as copyright infringement and they make musical gear

with preexisting recordings from other companies, and it is perfectly legal in that country.

If a musician in the USA, where it would not be legal to use preexisting recordings from... Read more »

David Luther Woodward
David Luther Woodward
answered on Oct 23, 2022

What you propose sounds a lot like copyright infringement. I don't understand your terminology--like what do you mean by "gear". An instrument, to me, is a horn, a guitar, a piano, etc., not something that reproduces pre-recorded data.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Delaware on
Q: If I am inventor on a patent owned by the corporation I work for and the patent gets licensed, am I entitled to paymnt?

I live in the state of Delaware and am an inventor on a patent owned by my company (they are a non-profit and they applied for the patent; I did the work during my employment with them). The patent is going to be licensed by a company. I want to know whether I have legal grounds for compensation... Read more »

Cameron Tousi
Cameron Tousi
answered on Oct 21, 2022

You've asked an important question, that comes up often with employees, and the answer is somewhat complicated.

In their employment agreements, many employers these days require new employees to assign any and all rights to their new inventions to the company. They also typically...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: Is there a patent on using a natural stone as a cooking surface, like a grill or stove? If so is it still active?

I am looking to sell a product that would require this. I would like to avoid getting in trouble because of someone's patent.

Joseph Jaap
Joseph Jaap
answered on Oct 20, 2022

That will require patent search of the US Patent and Trademark Office records by a patent attorney. Use the Find a Lawyer tab to retain a local patent attorney who can meet with you review your design and do a patent search to determine patentability or any issues of patent infringement.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Louisiana on
Q: How can the discovery of a novel compound from medicinal plant be protected by patent?

Novel compounds were isolated, characterized and elucidated from a traditional herbal medicinal product that had been in use for centuries by folk medicine practitioners. Is it possible to file a patent on this?

Erik Špila
Erik Špila
answered on Oct 12, 2022

This is a very difficult to answer just based on the information you have provided. I advice you to seek qualified patent attorney in your region/city so he can guide you through the whole process and discuss you with your options.

1 Answer | Asked in Patents (Intellectual Property) on
Q: I owned a patent c/o ISC; however, the assigned lawyer was disbarred and as a result my patent was expired. Please help
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Oct 7, 2022

1) You do not need an attorney to pay a maintenance fee. You can pay directly with a credit card at https://fees.uspto.gov/MaintenanceFees/.

2) There is a process to revive a patent for unintentional failure to pay a maintenance fee. There is a hefty fee for this. The petition is at...
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2 Answers | Asked in Patents (Intellectual Property) for Michigan on
Q: If an inventor signs over all rights to his invention to a corporation, Is the corporation required to have an attorney

Is the corporation required to have an attorney to file for the actual patent?

Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Oct 6, 2022

Hello! Yes, if the corporation is to be the “Applicant” on a U.S. patent application, the patent application has to be signed by a registered patent attorney or a registered patent agent.



I am a registered U.S. patent attorney, however, absent a mutually-agreed, written...
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