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California Patents (Intellectual Property) Questions & Answers

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for California on

Q: Is it possible to patent a voyage?

A thematic cruise route spanning over 4 continents and 10 cities.

Kevin E. Flynn answered on Aug 16, 2019

This does not sound like a fit for the patent system.

35 USC 101

Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and...
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1 Answer | Asked in Patents (Intellectual Property) for California on

Q: Patent inventor has passed away/ are royalties due his heirs from companies using the patents?

Peter D. Mlynek answered on Aug 5, 2019

Theoretically yes, but in practice this is rare.

A patent is considered as personal property, just like a car, a stock portfolio, or an old masters painting. So, yes, you can inherit a patent just like any other personal property.

In order to collect license fees, or "royalties",...
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1 Answer | Asked in Patents (Intellectual Property) for California on

Q: Are Patents issued in the UK restricted to the UK or do they cover all of the EU? What is the life of a patent?

What happens if patent holders allow other competing products on the market that conflict with an existing patent(s)? How many years can thes competitive products be allowed on the market before the Patent becomes unenforceable?

Kevin E. Flynn answered on Aug 5, 2019

A UK patent is a UK patent. There is not yet an EU patent. You can get your patent application examined by the European Patent Office so you only have to do that work once, but the allowed EPO claims are then validated in individual EPO countries such as the UK. So one patent application may end... Read more »

2 Answers | Asked in Patents (Intellectual Property) for California on

Q: Need to know if any royalty payments are due for any of my dads patents I inherited in 1993 by Inventor Allen C. Thomas

I seen 13 patents on your site stated Allen C. Thomas inventor of ,I own all rights due to inheritance

Robert Philip Cogan answered on Jul 21, 2019

Further facts are needed to address this question. How do you know you inherited the patents? This cannot simply be assumed. Is there a will specifying that this property went to you? Did your father own the patent rights when he died? Who may have used the patent rights and when? Did this all... Read more »

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2 Answers | Asked in Patents (Intellectual Property) for California on

Q: Hello, I am wondering if its worth getting a patent on half page pockets that go inside journals.

I have never seen the type of pocket inside any journal/notebook before. Is it even patentable?

Peter D. Mlynek answered on Jul 15, 2019

A patent is a business tool. In "Ask a Lawyer" we can answer legal questions, but not business questions like if a patent is worth getting.

Let me ask you a few questions that you need to think about: after you spend $10K, $15K, $20K, or more, in getting a patent, what are you going to do...
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Q: If a patent is assigned to a company, would the inventor get royalties or just the company?

My father was involved in patents and was not sure if the family is entitled to anything from them.

Kevin E. Flynn answered on Jul 13, 2019

If your father was employed by a company and made inventions as part of his normal job duites, then the employer might consider your father fully paid in that he received his paycheck. As a paid to invent employee, the money paid by the company to your father would serve as consideration for the... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for California on

Q: Hi I have a patent when i sold my business part of the deal was my patent been over 20 years.Someone has been infringing

My patent is now abandoned. Can I go after them .There has been several billion of them sold in the last 20 years. I think I have a very good case If I am able to go after them. It would only take 15 min to see if there is a case .I have all the information I need

Kevin E. Flynn answered on May 15, 2019

I no longer work on patent litigation so I am not your solution. But I like to help where I can.

A patent that expired last week might have some value as you can sue folks for infringing the patent for up to six years earlier than the date of the law suit.

So even a patent that...
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2 Answers | Asked in Patents (Intellectual Property) for California on

Q: Can I patent a slide on golf glove? No velcro, elastic band at the wrist that expands/retracts when removing.

Peter D. Mlynek answered on Apr 25, 2019

Well, yes, you can. But it is not going to be easy, because there are so many of them out there already.

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2 Answers | Asked in Patents (Intellectual Property) for California on

Q: Good evening, I need some help to know if I can challenge a alleged patent infringement. Can someone help? Thanks

Kevin E. Flynn answered on Apr 19, 2019

If someone has asserted that you have infringed their patent. then there are two principle ways to defend your actions. You can assert that your product or service does not infringe any claim of the patent. You can also assert that the patent claims of the patent are so broad that they read on... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for California on

Q: Good morning, I am researching the patent for Cookie Break Cookies by Nabisco. They changed the receipe.

I found that P&G sued them over the patent for Soft Baked cookies and I'm wondering if this lead them to revamp their receipes to avoid further litigation.

Kevin E. Flynn answered on Apr 13, 2019

I am sorry, all that Justia passed along was three statements. I did not see a question.

1) Good morning, I am researching the patent for Cookie Break Cookies by Nabisco.

2) They changed the receipe.

3) I found that P&G sued them over the patent for Soft Baked cookies...
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3 Answers | Asked in Patents (Intellectual Property) for California on

Q: How can I move my patent from application to grant stage? Thank you.

Ahaji Kirk Amos answered on Apr 8, 2019

Unless you request expedited prosecution, you will wait about 18 months after you file a patent application before your application is examined. The typical prosecution phase is about 36 months. The best way to move it forward is to respond to USPTO office actions as soon as possible. You get 6... Read more »

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1 Answer | Asked in Environmental and Patents (Intellectual Property) for California on

Q: My friend patented in Mexico a new way to clean water in the oceans. Would like to sell here in USA.

Peter D. Mlynek answered on Apr 7, 2019

Your friend's patent will only protect him/her from the competition within Mexico. If your friend did not patent it with the USPTO, anyone will be able to practice the invention in the US, but so nothing for your friend to sell. What does your friend want to sell?

1 Answer | Asked in Patents (Intellectual Property) for California on

Q: Dear Madam/Sir, I am Radek Nachev, inventor an owner Pat. N. 8264179. Couple of years ago I contacted the company

Trinamic (https://www.trinamic.com) with the idea from the patent, at that time they did not show interest but currently I see a method for sensorless stepper motor control in their products for which they say is the first of this kind and is based on the transfer of energy to and from the motor -... Read more »

Peter D. Mlynek answered on Apr 6, 2019

Dear Mr. Nachev--

Your patent has been issued, all the maintenance fees have been paid, and it looks like that the patent is enforceable. It thus appears that you are in a good position.

As you likely know, a patent lawsuit will cost you several million dollars. Unfortunately,...
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2 Answers | Asked in Patents (Intellectual Property) for California on

Q: How do i contact the holder of this patent?

I am interested in buying the right to sell a product that uses technology mentioned in this patent

Kevin E. Flynn answered on Mar 14, 2019

Step 1 -- make sure that you are looking at an issued patent not a published application (Justia did not pass along whatever you are looking at).

Step 2 -- make sure that the patent has not expired, lapsed, or been invalidated.

Step 3-- be sure that you need the patent. Do you plan...
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1 Answer | Asked in Patents (Intellectual Property) for California on

Q: Hello, I don't see Digirad patent # 5,677,539, date of patent Oct. 14, 1997

Peter D. Mlynek answered on Feb 15, 2019

Try: https://patents.justia.com/patent/5677539

1 Answer | Asked in Patents (Intellectual Property) for California on

Q: Can you patent an idea?

I have an app that is in the process of being developed, but I have additional applications and ideas for the app. And I’d like to know if an idea of an app can be patented?

Kevin E. Flynn answered on Feb 13, 2019

I think you need to look at actual patents that have been issued for apps. The Supreme Court does not like mere efforts to organize human behavior with a marketplace or other app to modify human behavior. You need to show that what you did would impress an engineer that makes apps.... Read more »

1 Answer | Asked in Patents (Intellectual Property) for California on

Q: Hello, do product patents cover all similar designs or just the design of the patented item?

If there was a company that has a device, can you make an attachment to that device that the company makes, but make it look different by slightly altering the model, changing it from the patented item?

Kevin E. Flynn answered on Jan 23, 2019

The focus needs to be on the patent claims. Not the title of the patent. Not the drawings. Not the abstract. Not the details in the specification. You cannot make something that has all the nouns, verbs, and other requirements that exist in an independent claim in a patent. Some claims are... Read more »

1 Answer | Asked in Patents (Intellectual Property) for California on

Q: I am looking for a patent attorney to research and file a design patent.

What's a good strategy to find and pick the right attorney for me among hundreds if not thousands of attorneys in LA?

Kevin E. Flynn answered on Jan 23, 2019

First, you are lucky as there are far fewer patent attorneys than attorneys as a patent attorney needs two different things, a bar license from a state and a patent registration from the United States Patent and Trademark Office. But, you can pick a patent attorney from anywhere in the country.... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on

Q: how to see if a design is patent able?

Griffin Klema answered on Jan 16, 2019

Hire an attorney to conduct a prior art search and provide an opinion about whether your design is patentably distinct over the prior art. I recommend you budget about $2,000 for this work. Good luck!

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2 Answers | Asked in Patents (Intellectual Property) for California on

Q: How can I determine if a patent i'm purchasing has been involved in a lawsuit since I can't search Justia by patent #?

Peter D. Mlynek answered on Dec 29, 2018

Buying a patent, or a portfolio of patents, is in many ways similar to buying a business, or a car, or a house. Before you agree to purchase the patent, you really need to have someone look at it. Someone who understands patent law, understands patent prosecution, patent litigation, etc. This... Read more »

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