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Patents (Intellectual Property) Questions & Answers
0 Answers | Asked in Patents (Intellectual Property) on
Q: May I know if the following product has a patent?

Hi,

May I please know if the following product has a patent? I couldn't find anything in this regard.

https://theneckguard.com/

Thank you and regards!

0 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Will a patent infringement case impact to a non U.S resident If a case has been filed in USA for selling a product in US

A patent infringement case got filed against me & more than 200 ecommerce sellers. Their demand is approximately 2500 USD. I am an Indian seller who sells in USA through Ebay. My question is that If I can't afford this much money then apart from getting the store closed, how does it impact... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: Hi, I have a quick question regarding to a recently published patent. It was me who discovered and invented the method.

I discovered and invented the method for the preparation of a nanocomposite when working as a postdoc at that institution, I have written a manuscript about the method when working there but I left the job, and I have the photocopy of all my experiment records about the method. I just noticed that... Read more »

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jun 28, 2022

This is not a DIY thing. You will need to contact a patent attorney who will compare your manuscript with the issued patent. It is likely that the university had agreements in place where you would have had to assign your rights over to the university. They may or may not give you a cut of any... Read more »

0 Answers | Asked in Patents (Intellectual Property) on
Q: How is can sale wine patent?

I have green tea wine patent i want now sell it.

Q: I need to save a patent of an invention by a non-US researcher and I want to sell it

The invention is saved by the tunisian laws and all rights are reserved but I would like to save the rights all over the world and then sell the invention to the highest bidder

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jun 20, 2022

If you have a patent application that was filed in Tunisia within the last 12 months, then you need to talk to the patent attorney that filed that application about filing a Patent Cooperation Treat application (normally called PCT application).

A PCT application is the front end of more...
Read more »

Q: I need a lawyer to have international patent intellectual property rights for a non-US resident

for a non-US resident

Peter D. Mlynek
Peter D. Mlynek
answered on Jun 19, 2022

Patent lawyers very deal with international patent law on a daily basis. The way it works is that we are hired by a client who tells us which countries patent protection is needed, and we then coordinate patent work for our clients in all of those countries via local associates... Read more »

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: If a patent assignee is the company what rights do the inventors have?

If one of the inventors passed away before the patent was complete would his/her spouse get the benifits for the patent. Also how could I find out if an agreement was signed between the inventors and the company?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jun 20, 2022

If the inventor/employee assigned rights (or was under an obligation to do so), then the rights will be in the employer/company. This is the normal way of the world. I paid a builder to build my house. The builder built the house but as I paid him to do so, I own the house even though I did not... Read more »

Q: Can I patent a new form of fantasy sports?

If I have an idea for a new way to approach fantasy football (though it would be applicable to other sports too) that builds off of what is already in the public space, can I patent that?

0 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Arizona on
Q: How do I present a patent pending idea to McDonalds for sale?

I have successfully applied for a provisional patent. My goal is to sell my idea to McDonalds.

1 Answer | Asked in Patents (Intellectual Property) on
Q: how can I extend a patent from Brazil to US??
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jun 13, 2022

The way to expand your rights beyond the original country of filing is to file a US application within 12 months of filing of the first application. Under the Paris Convention, you can file in the US and the priority date of the later filed US application will be the same as the earlier filed... Read more »

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark on
Q: Can I do something similar to this concept in Germany since a Colleague and I wanted to build a similar Facillity?

We wanted to build our own Interactive Game Facility with 2 Rooms that host a similar game although the Coding would be done by us.

We also wanted to incorporate other Reflex and Arcade Games.

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Jun 12, 2022

You should consult an intellectual property attorney to determine differences and similarities, assess IP rights and risk of infringement.

0 Answers | Asked in Patents (Intellectual Property) for California on
Q: neighbors moves our trash cans to the front ofour sidewalk to park their car when theirs free space around them.Legal?

New neighbors moved in and they move our trash cans on the sidewalk in front of our home to park their cars when theirs clearly space around them. We always leave our trash cans in front our house so we can throw our trash and have it prep for pickup. We always place our trash cans next to our... Read more »

Q: My current employer is asking me to sign an updated restrictive covenant covering idea’s and patents.

My current employer is asking me to sign an updated restrictive covenant covering idea’s and patents.

I am concerned because, outside of my current employment. And outside of my current employers scope of business. I wish to pursue several patents.

The wording of this document... Read more »

Joseph Jaap
Joseph Jaap
answered on Jun 8, 2022

Use the Find a Lawyer tab to retain a local intellectual property attorney who can review the document, your current activities regarding other patents, and then advise you accordingly of any changes to the document before you sign it.

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0 Answers | Asked in Patents (Intellectual Property) and Trademark for California on
Q: If I use the word Gazoo Racing from Toyota Gazoo Racing, can I get sued by Toyota for copying the word "Gazoo Racing"?

I was thinking about putting the word "Gazoo Racing" and "GR" on a product for sale but not the word Toyota or Toyota's logo. I'm not going to copy the same letter and color as Toyota has for Gazoo Racing and GR. Will I get sued by Toyota for copying the name Gazoo... Read more »

0 Answers | Asked in Native American Law, Patents (Intellectual Property), Probate and Securities Law for Montana on
Q: Can my Father's wife sell, give, assets to her four children, over a period of several years .then claim to be broke ,

My dad died 9/16/22 .wife fixed it so medicaid payed rest home (3-4)months until he died. Now she won't let me see the will . Also my inheritance from my Grandmother, valuable silver coins and my shares of oil land . Says I was left nothing. Several deeds and titles changed same day as his... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: How should I know what is patent design and what not.

I'm developing a game and it's purpose is to simulate the real life in all of it's aspects, from driving a car to lead a billion-dollar company. I need to use a lot of vehicles (cars, trucks, trains, planes, ships...) and they are based on real life ones. For example, I have a Dodge... Read more »

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 26, 2022

I doubt that this is a patent question. I would be shocked if Dodge had a design patent on a virtual image of any of its automobiles. Their patents for things in the real world don't apply to images rather than actual automobiles.

Note that phone manufacturers can and do get design...
Read more »

2 Answers | Asked in Patents (Intellectual Property) for California on
Q: If a company is using a patent I am named as an inventor, can I receive compensation for its use?

A large company is using my patent in their highly successful product without any request for my approval or agreement to compensate myself or the other inventors. Would it be possible to ask for retro active payments for the previous life of said product, or sue them for patent infringement?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 23, 2022

Were you employed by this large company when you made the invention? Did you sign paperwork to assign the rights to the invention over to the large company or to some other company which may have passed rights or licensed the large company?

Inventorship and ownership are different things....
Read more »

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1 Answer | Asked in Patents (Intellectual Property) on
Q: how long does it take to have a patent granted based on the publication date? (lets say for a new toothpaste)

for fda

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 20, 2022

The publication of a patent application and the examination process are not tied. An application is usually published in the US at 18 months after the earliest priority document (this would include an earlier provisional application) but it could be as early as a few months after filing the... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Washington on
Q: Hi, I have an idea for patenting, similar to #5857273. I am wondering how to pull up the drawings for it? And if expired

how to find out if a patent is expired and if I can put a patent pending on something similar?

Stephen E. Zweig
Stephen E. Zweig
answered on May 15, 2022

One easy way is to look up the patent at https://patents.google.com/ . Then, for a US patent, put a US in front of the number such as US5857273. Google will fetch the patent and also let you know if it is expired or not (it is).

To get your own patent in the same topic, you will have to...
Read more »

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