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Texas Patents (Intellectual Property) Questions & Answers
Q: As the Widow of my late husband who has the 52 utility Patents, should I have been told about the patents?

I have hesitated to to say that my late husband and I were in a interracial relationship. I am Black he was Cacausion, when the companies lawyer contact me about signing over the two Patents, do you think the company or their lawyer would have mentioned the other fifty patents to me or not. I found... View More

John Michael Frick
John Michael Frick
answered on Mar 13, 2024

Your husband should have told you about the patents and, upon his death, when his estate was being probated, the personal representative of his estate should have told you about the patents if that person knew about them. Both your husband and the personal representative of his estate likely had... View More

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1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: What size of electrical plug does it take for patent number 400,168 battery charger?
Adam W. Bell
Adam W. Bell
answered on Jan 18, 2024

Plug size is not related to the patent.

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: Why are the images of the claims missing from patent D912836? How can the images be seen?
Adam W. Bell
Adam W. Bell
answered on Jan 18, 2024

All 7 images are there.

Questions? ...talk with an IP attorney

www.bell-iplaw.com

4 Answers | Asked in Energy, Oil and Gas, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: My late husband have 52 utility patents, I see another widow whose husband passed away, her name is always next to his.

It's like my late husband employer does not want my name anywhere, his late relative name is even everywhere, I have paper showing I am legal Representative but employer will not put my name next to my husband, my husband was lead inventor, I just wonder does being recognized as legal... View More

John Michael Frick
John Michael Frick
answered on Dec 22, 2023

When a patent owner dies, his rights pass to his heirs. If you are his sole heir and the legal representative of his estate appointed by the probate court, you need to contact the US Patent Office and have the patents transferred into your name. As the legal representative of his estate, that is... View More

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: was this device patented publication number 20170325789

tissue contiener for pap smear surePath

Stephen E. Zweig
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answered on Aug 13, 2023

The status of a printed patent application like this can be checked online. This can be done either at the US patent office, https://patentcenter.uspto.gov/, or using alternate sources such as patents.google.com.

In this case, the answer is that the patent application was abandoned.

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: If I use a service, and that service allegedly violates a patent, what is my liability?

I have been contacted by a firm representing a patent holder. They are seeking damages. I entered into a contract with a service provider claiming to have exclusive ownership of the IP. Am I liable? If so, to what extent? What steps should I take in the matter?

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 Jun 18, 2023

If you use a service that allegedly violates a patent, you may be liable for damages if the patent holder decides to pursue legal action. However, your liability will depend on several factors, such as the terms of your contract with the service provider, the nature of the alleged patent... View More

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3 Answers | Asked in Patents (Intellectual Property), Copyright, Intellectual Property and Trademark for Texas on
Q: I am trying to figure out if I need a trademark, copyright or patent. I don't know the difference.

The difference in trademark, copyright, or patent and what I need for my project

Kevin E. Flynn
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Kevin E. Flynn
answered on May 19, 2023

This is a very common question as these topics are not taught in school. The United States Patent and Trademark Office has a web page that addresses this issue. https://www.uspto.gov/trademarks/basics/trademark-patent-copyright

I hope that this helps. Note--just as you may have a dead...
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1 Answer | Asked in Constitutional Law and Patents (Intellectual Property) for Texas on
Q: Can the US Department of Energy give funding for research on USPTO Patents Pending invention of someone else

Aries Project is Advanced Research on IES, my patent pending titled Independent Energy Systems IES. Aries Project opened the same month my USPTO Patents Pending 12 months expired

James L. Arrasmith
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answered on May 2, 2023

It is possible for the US Department of Energy to provide funding for research related to a USPTO patent pending invention owned by someone else, but this would depend on various factors such as the specific details of the invention and the funding guidelines and criteria of the Department of... View More

1 Answer | Asked in Contracts, Intellectual Property, Internet Law and Patents (Intellectual Property) for Texas on
Q: How do i obtain personal data being denied? When I'm in compliance with procedures but instead infringement is the act

Intellectual property being withheld and my attempts have been ignored from several organizations. I've reached out to our states bar association more than several times for a fact and got little to no assistance and unfortunately finances have been affected by the covid pandemic and personal... View More

James L. Arrasmith
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answered on May 2, 2023

If you believe that your personal data is being withheld without justification, you may have legal options to obtain that information.

First, you can try to reach out directly to the organizations that are denying you access to your data and ask for an explanation for the denial. It may be...
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2 Answers | Asked in Copyright and Patents (Intellectual Property) for Texas on
Q: The "hoop axis" isn't clear. Are there any pictures or illustrations of the "Basketball Training Apparatus"?
N'kia (NLN)
N'kia (NLN)
answered on Apr 2, 2023

It's not really clear what you are asking or what you are trying to accomplish. You might get the answer you're seeking if you post again with a bit more context. Good luck!

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2 Answers | Asked in Energy, Oil and Gas, Patents (Intellectual Property) and Contracts for Texas on
Q: My Late husband died in an accident before retirement, he has 52 utility Patents and he was a Sr Software Engineer.

The company he worked for is now trying to say I new about the Patents so that they don't share my late husbands Royalities he would have gotten,with me. We were married 15 years until his death, if I had known he had all of those Patents I certainly would not have waited till now. I found out... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Apr 1, 2023

I am sorry about the accident that took your husband. While the patents are a part of this issue, I suspect that the prime legal arguments will be about the licenses or other agreements that your husband had with the company. This is contract law. The litigation will be primarily on contract law... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: Does apple have a patent on the shape of their chargers and cables.

We want to import chargers and cables that resemble apple charges and cables in shape without their logo

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 Mar 2, 2023

Yes, Apple has multiple design patents on the shape and appearance of their chargers and cables. These patents protect the visual appearance and design of their products, including the shape, color, and texture. Importing chargers and cables that resemble Apple's patented designs without their... View More

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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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Does a US method patent protect the domestic sale of foreign-made-goods constructed via the US-patented method?

I think I have a novel method of manufacturing a category of widgets. The method will make manufacture cheaper and faster for a subset of these widgets (but not all). My target audience for these widgets is within the US. Each individual widget could receive its own utility patent, but it... View More

Erik Špila
Erik Špila
answered on Sep 28, 2022

Dear Mrs or Mr,

in your described case, I would say that as the patent is the territorial right that you would be protected in the territory of the U.S. However I am an IP lawyer in EU, so I am taking into account the principles of IP law and my legal knowledge. So in order to be sure about...
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1 Answer | Asked in Business Formation and Patents (Intellectual Property) for Texas on
Q: RetailMeNot suing Honey for patent infringements.

Hi my question is regarding RetailMeNot suing Honey for patent infringements.

According to RetailMeNot’s suit, Honey infringes on U.S. Patents 9,626,688; 9,639,853; 9,953,335; and 9,965,769, which detail technologies related to things like facilitating access to promotional offers,... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 9, 2022

It is possible for someone to start up another coupon site. You just have to be outside of the scope of the claims. In this particular case, the four patents have very long independent claims, suggesting that one should be able to work around these claims.

If you are trying to start an...
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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: I’d like to find out how to get permission to use a patent
Erik Špila
Erik Špila
answered on Sep 8, 2022

Hi,

the main option to obtain permission to use a patent is by contacting its owner. But first I would recommend you to find a patent in patent database to check if its stil valid in your territory. If it is valid check the owner or representative of the patent and contact them to negotiate...
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1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: How long does it take for a patent to expire? Animal gate latch mechanism Patent number: 4962953
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 11, 2022

This patent expired 20 years after filing for an expiration date of January 31, 2010.

Kevin E Flynn

1 Answer | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Texas on
Q: Is it legal to use screenshots from software I've purchased, in training course material I create and sell - screenshots

only, not the software itself - without compensation to or permission of software seller?

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

There is not a patent question here. This is a question of your end user agreement and possibly copyright law.

1 Answer | Asked in Copyright, Business Law and Patents (Intellectual Property) for Texas on
Q: I am trying to find the patent for the brush guard that GM put on their Commercial Utility Cargo Vehicle (CUCV).

These vehicles were provided to the US military from 1984 - 1987. I believe similar brush guards were an option on GM trucks as early as the 1960's. I would like to reproduce this brush guard for the same GM vehicles and other vehicles with slight modifications. Thanks for any help you can... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Mar 29, 2022

Sorry to be getting to this so late.

This is a common type of question, but unless the brush guard was ornamental, finding the patent is not going to be very helpful. The drawings that come with patents are there to help the reader understand the invention, and are not meant to be...
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1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: I need to patent a saying and I looked it up and found someone else has a patent, but I think it's no longer active.

What do I need to do?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Dec 1, 2021

You cannot patent a saying. Perhaps you want to seek a trademark. If so, you should re-post this question for trademark attorneys to comment.

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