Colorado Patents (Intellectual Property) Questions & Answers

Q: Do I Need 2 Utility Patents, or can I get away with only filing 1 with the 2 different functions but same, Field Sock.

2 Answers | Asked in Patents (Intellectual Property) for Colorado on
Answered on Feb 28, 2019
Kevin E. Flynn's answer
The USPTO Examiners have the option to say -- whoa -- you are asking me to do more than one patent's worth of work as there are more than one invention here. They can request that you seek to restrict the current application to just one claim cluster and leave other claim clusters for you to chase in a special type of continuation application called a divisional application.

It is a subjective call and thus hard to predict. Note that when you file the application with more than 20...

Q: My sister & I would like to learn if we may have royalties from our father Russell W. Walters' patents.

1 Answer | Asked in Patents (Intellectual Property) for Colorado on
Answered on Jan 13, 2019
Peter D. Mlynek's answer
Sorry to be the bearer of bad news, but there is likely not much that you can do. A couple of notes:

(1) The point of a patent is to give the inventor the right to exclude others for a limited time. Thus, if your father obtained a patent for his invention in the 1970s, the patent has expired by now. Anyone now is able to make the same device that your father patented.

(2) If the company copied your father's patented device, without his permission, he could have sued. The...

Q: Has my patent expired? EVAPORATE. Dietary and nutritional supplements. Owned by: JD Korp Inc. Serial Number: 77484779

2 Answers | Asked in Patents (Intellectual Property) for Colorado on
Answered on Oct 23, 2018
Peter D. Mlynek's answer
It looks like this trademark is abandoned.

https://trademarks.justia.com/774/84/evaporate-77484779.html

Q: if my grandparents had legal custody of me when I was kid do I have say over the living will if they have passed

1 Answer | Asked in Estate Planning, Real Estate Law, Patents (Intellectual Property) and Probate for Colorado on
Answered on Sep 8, 2018
Ashley Dean Powell's answer
The short answer: you probably have an uphill battle.

One very fundamental value of estate planning is the opportunity to express your wishes in writing (through a will or trust instrument, for example) so that there will not be disputes after your death (or, at least, there may be less probability of disputes). Generally speaking, an unambiguous will that is accepted by the Court as valid and authentic will likely trump subsequent verbal preferences that you claim were expressed by...

Q: How do u find out if someone has a patent on a wooded kite?

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Colorado on
Answered on Jun 17, 2018
Kevin E. Flynn's answer
The only way to know is to search. Even if you search you may have some small risk that a patent application is ahead of you in the pipeline but is not visible yet. However, searching is the commercially reasonable way to reduce your risk of running into a problem.

One strategy is to limit what you do to things in expired patents. That won't work for high tech but for some products where a solution from 20 years ago may be commercially viable today, that is safety. No one should be...

Q: CRM software company trying to charge extra $500-$1000 for me to export my customers' info when I cancelled the software

1 Answer | Asked in Consumer Law, Contracts, Business Law and Patents (Intellectual Property) for Colorado on
Answered on Jun 13, 2018
Kevin E. Flynn's answer
I do not see a patent issue here. I hope you find an attorney with the right background to help you. Ideally, this would have been something you worked out before you populated the site with data that you need.

You may want to Google around to see if others have dealt with this issue or seek help from the folks that will provide the software solution to replace Agemni.

Q: Where might I go to look up a law firm from the late 1800s?

1 Answer | Asked in Patents (Intellectual Property) for Colorado on
Answered on May 15, 2018
Kevin E. Flynn's answer
My suggestion is that you find a Martindale-Hubbell directory for New York state from the appropriate time period.

I have never needed to look back that far but according to Wikipedia, Martindale-Hubbell was founded in 1868 so there may be a directory. https://en.wikipedia.org/wiki/Martindale-Hubbell

The directory should give the name and address of the firm and brief bios on all the attorneys in the firm. (The bio is just a few sentences -- such as where the attorney went...

Q: hi i have a patent and am wanting to do something with it but it runs out in march

1 Answer | Asked in Patents (Intellectual Property) for Colorado on
Answered on Feb 12, 2018
Kevin E. Flynn's answer
I am guessing that you have a pending provisional application that has a one-year anniversary in March. If you do not file a non-provisional application by the one-year anniversary, the provisional application will simply expire.

So your options are

1) File a non-provisional US application by the one-year anniversary.

2) File non-provisional applications in other countries under the Paris Treaty by the one-year anniversary.

3) File a Patent Cooperation Treaty...

Q: If the house deed is on my name can my father's girlfriend be entitled to anything?

1 Answer | Asked in Family Law, Child Support, Patents (Intellectual Property) and Probate for Colorado on
Answered on Aug 10, 2017
Tristan Kenyon Schultz's answer
Only people listed on the deed have a legal interest to the property.

Your father can gift his interest in the property to the GF. Similarly, your father can devise his portion of the home to the GF in a will.

If there are no wills intestate rules apply. For instate purposes, the GF would likely only have a claim based on a subsequent marriage (legal or common law). Note, common law marriage in Colorado does not simply mean living together for a long time...

If you...

Q: I'm looking for the "Potty Rider" patent

2 Answers | Asked in Copyright and Patents (Intellectual Property) for Colorado on
Answered on Jun 15, 2017
Tristan Kenyon Schultz's answer
You can check the USPTO website. Be aware that the PTO may not list all pending patents.

Q: If Authentication Holdings LLC fails, what action is required to cancel the assignment? -an Inventor.

1 Answer | Asked in Patents (Intellectual Property) for Colorado on
Answered on Feb 27, 2017
Tristan Kenyon Schultz's answer
If this about an assignment of a patent, your primary concern is the enforceability of the assignment agreement. First review the assignment agreement for things like termination, reversion of interests, etc. If the assignment was completed (signed with performance), the company owns the patent and it is included in the company's assets in bankruptcy or merger (meaning that you likely lost the asset, but can make a claim for any unpaid amounts in bankruptcy as an unsecured creditor). If the...

Q: I have a box of my grandfather's patents from the 1940's. Do these have any value?

2 Answers | Asked in Patents (Intellectual Property) for Colorado on
Answered on Aug 14, 2016
Tristan Kenyon Schultz's answer
Utility patents (i.e. desalinization and car parts) last for 20 years from the priority or filing date. They also require maintenance fees to remain active (if the payments are missed, they cannot be retroactively paid for). You can check the PTO website, but it is very likely the patents have all expired and are now free to use by the public. Here is the link: https://www.uspto.gov/patent .

Q: My patent was stolen by a relative while I was planning, the idea should I sue him?

1 Answer | Asked in Patents (Intellectual Property) for Colorado on
Answered on Nov 5, 2015
Robert Jason De Groot's answer
Probably, but you need to have a full discussion with a patent attorney about this.

Q: how different must a product be from another product already patented?

1 Answer | Asked in Patents (Intellectual Property) for Colorado on
Answered on Aug 30, 2015
Adam Studnicki's answer
This is a very fact-specific analysis. A local patent lawyer can review your specific situation and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly...

Q: 10 years ago I sold the patent rights to a U.S. corp. Can I now re-assert my ownership rights to the patent overseas?

1 Answer | Asked in Patents (Intellectual Property) for Colorado on
Answered on Feb 26, 2014
Mr. Ilya Libenzon's answer
you need to examine your assignment agreement -- most likely, you assigned all the rights so you cannot re-assert your ownership rights unless you execute another assignment transferring the rights back to you

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.