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California Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for California on
Q: I would like to patent a product idea and need help moving forward with that. Is the product patentable etc.

Is the product patentable, how do I move forward if it is and what the cost is.

I have no problem paying a lawyer to do so if the product is patentable and

will pay a fee to know if it is patentable.

Kevin E. Flynn
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Kevin E. Flynn
answered on Aug 18, 2022

It is near impossible to "know" that something is patentable as the world is a big place and any reasonable prior art search is not going to check every obscure article in every language. (Prior art includes anything written since the beginning of recorded history in all languages that... View More

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: How do I get my name attached to an existing patent?

I see a patent was granted to members of my team and I was not included as I left the company before the application was filed. I have documentation (lots) to back up my argument to be included on this patent.

Peter D. Mlynek
Peter D. Mlynek
answered on Jul 31, 2022

This is a very common problem. I presume that you want to have your name on the patent as one of the co-inventors so that you can put it on your resume/CV, and not get an ownership stake in the patent.

If you really have a good argument to be listed as a co-inventor, reach out to the...
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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
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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... View 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
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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....
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1 Answer | Asked in Patents (Intellectual Property) and Trademark for California on
Q: Do I need a patent if i'm building an app in a new space that doesnt't exist yet?

I'm building an app in an industry that hasnt changed in ages and I want to know if i might need an IP attorney to help file a patent? I realize that i'm being extremely broad but i'm trying to figure where to start. I researched some companies who filed patents like AirBnB,... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Apr 25, 2022

If you are devoting a substantial amount of time or money into this project, then it is a good use of your time to talk with a patent attorney that files patent applications for apps. There are special obstacles in seeking patents in that space so you need some frank advice from someone that has... View More

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: To whom do I submit an Application for a Patent for a Blanket product i.e., what is the web site address?

the blanket starts out as a pillow and unfolds into a blanket and then folds back again into a pillow

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Mar 19, 2022

If you are seeking to obtain a patent in the United States, you should submit your patent application to the United States Patent and Trademark Office (USPTO. GOV). Please make sure that the application complies with all requirements. If you are unsure, you should contact a patent attorney who... View More

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: See if we can contest will Decesided mother wrote will before 2005, saying we took loan from her. We paid but she never

Updated. After such a long time we can't prove. Trustee said she found we paid on it. But wouldn't show us. She deducted amount from inheritance. Can we get the money?

Kevin E. Flynn
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Kevin E. Flynn
answered on Mar 4, 2022

This question was posted to Patent Attorneys that deal with inventions. I assume that you meant to post to attorneys that deal with parents. You should post again but seek input from attorneys that do "Estate Planning" as these folks handle wills and challenges to wills.

Good...
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Q: How do I stop the community, cable company, and the city from targeting me out with an active denial system?

I have been and am currently still being targeted out by the community, city, and more specifically my neighbors with an active denial system. It sits on the wires out back and I found the patent to it. I don’t trust the police. Was wondering what my options are?

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

Unless you are seeking to obtain a patent on a similar system or invalidate the patent for the existing system, this is not a patent issue for a patent attorney.

I hope that you find what you need.

Kevin E Flynn

Q: Does this 9447159 patent cover all Fc heterodimeric cytokines with an antigen binding moiety (not just CEA-IL2)?

My question is whether this patent covers all heterodimeric immunoconjugates or immunocytokines as described in Claim 1. Specifically, cytokine could be any secreted growth factors that are not mentioned in the patent. Antigen binding moiety could mean any bivalent antibody although the patent... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 15, 2021

You need to hire a patent attorney or expert in the field to do this analysis for you.

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2 Answers | Asked in Estate Planning, Family Law, Civil Rights and Patents (Intellectual Property) for California on
Q: As conservator can I kick someone out of my parents house that abusing them?

The two are abusing my parents and drugies!

Nina Whitehurst
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Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2021

And attorney would need to review your order appointing you conservator to see what it covers, but most likely yes, you can do that. Be sure to hire an eviction attorney to help you with that. The process and the rules are surprisingly complicated.

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: need to finalize or resubmit a patent application

patent was considered abandoned. previous attorney not responsive to questions.

Kevin E. Flynn
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Kevin E. Flynn
answered on Nov 12, 2021

You should discuss with your patent attorney whether it makes sense to file a petition to revive an unintentionally abandoned patent application.

https://www.uspto.gov/sites/default/files/documents/sb0064.pdf

If the abandonment was indeed unintentional, then the fee to revive may...
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3 Answers | Asked in Contracts, Intellectual Property and Patents (Intellectual Property) for California on
Q: How much would it cost to have a 7 page invention assignment and employee services (2pg) agreement reviewed roughly?

I have my own small business doing engineering and research, but could use some additional funds so I am considering taking on a consulting project with a large company. I know the people I'd be working with as engineers, but the HR from this place is asking I take on being a W2 employee with... View More

Shawn R. Jackson
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Shawn R. Jackson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 11, 2021

Generally speaking ... about $20-$25 a page ... and obviously, it would be ideal to see the document first to firm up or edit the initial estimate... and it may be a good idea to schedule a video call for discussion.

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1 Answer | Asked in Business Formation, Business Law and Patents (Intellectual Property) for California on
Q: I registered a web name LLC name with state and all variations and LLC operating agreement partner didn't sign

He has done many illegal things and I want to keep name and he didn't put in the time nor sweat equity nor capital and while he didn't sign operating agreement it calls for name being returned to me not only that he has restraining orders trying to get permanent for threatening my life,... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Nov 5, 2021

I do not see any indication that this is a patent law question.

This seems to be a business dispute that will turn on the facts. This is not a good candidate for a web site Q&A. You will need to find an attorney that handles business disputes in the relevant state and lay out the...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: I am not the inventor of this patent. Could you please help remove it from my patents or patent applications? Thank you!
Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Oct 28, 2021

You are not mentioning what patent or patent application you are referring to. Please provide more details.

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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: If I file a provisional patent myself but dont do a good job, can it be correct later on filing nonprovisional patent?

Hi:

I want to patent an idea. If I file a provisional patent on my own and hire a patent attorney later to file a nonprovisional patent on the same idea, can he/she modify the provisional patent and correct/modify any flaws that I possibly make in the provisional patent?

Thank you... View More

Carl Massey Jr
Carl Massey Jr
answered on Oct 26, 2021

The thing to keep in mind is that any application filing, provisional or otherwise, only holds a solid priority date for you if it provides adequate written description and enablement for your invention. So, while truly cosmetic things can be "corrected" without a problem, if new matter... View More

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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Why would a patent lawyer ask me to sign a blank power of attorney form , & I can not find the submission

Electronic Acknowledgement Receipt40345610EFS ID:Application Number:16999073

Kevin E. Flynn
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Kevin E. Flynn
answered on Oct 18, 2021

Most interactions between a patent attorney and the United States Patent and Trademark Office do not require a signed Power of Attorney. So it is possible that the attorney will not file the Power of Attorney unless there is something to be submitted that requires the Power of Attorney form.... View More

1 Answer | Asked in Products Liability and Patents (Intellectual Property) for California on
Q: Can I patient the corn burrito in it’s original place it was invented in ventura ca

Ventura California

Home of the corn burrito per Wikipedia

Peter D. Mlynek
Peter D. Mlynek
answered on Oct 11, 2021

No.

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: The living universe and the secrets of it's eggs causing earthquakes and Mystical phenomena on Earth

Can I patent this facts with living proof of what causes the earthquake and much much more??

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Sep 26, 2021

A patent allow you to prohibit others from making, using, selling, or offering to sell something that uses the patented technology. So it is not about documenting a truth about how the universe was formed.

If there is some way that someone could use your information to do something, then...
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1 Answer | Asked in Copyright, Legal Malpractice, Patents (Intellectual Property) and Trademark for California on
Q: i need to file a patent

i have some softwear that i need to gain all rights for leasing

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 23, 2021

You need to consult with a patent attorney and do an analysis of cost and benefit.

1 Answer | Asked in Gaming and Patents (Intellectual Property) for California on
Q: How do I patent a sports gambling game? Also should I patent the game or the app?

I want to use my game in an app so do i patent the game or the app?

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 21, 2021

It may be easier to patent the app, you'd likely want to get intellectual property rights to both the app and the game.

You really need to hire a patent attorney to go over the specifics with you.

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