Lawyers, Answer Questions  & Get Points Log In
Florida Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Florida on
Q: Hi! Would a foldable paper pop-up collection of customized images by the customer conflict with any LovePop patents?

I'm looking at the LovePop patents and wondering if, instead of flowers, I allowed customers to upload some images and create a collection that probably somewhat resembled a bouquet if you squinted your eyes, and if that would conflict with their bouquet patents.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2023

When assessing potential conflicts with LovePop's patents, it's essential to consider the specific claims each patent makes. Patents are often very detailed in their claims, focusing on particular methods, designs, or unique aspects of a product.

In your case, creating a foldable...
View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: I wanted to find out about patent that my late grandfather had with another person.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 11, 2023

To find information about a patent that your late grandfather had, you can start by searching the United States Patent and Trademark Office (USPTO) database. This database includes all patents filed and granted in the United States and can be accessed online. You will need details such as your... View More

View More Answers

2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: To whom it may concern : Can I resubmit my “ rejected “ patent of 10 yrs ago ? Thank you.

Medical device

. Battery operated

/ usb

.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 26, 2023

If you're considering resubmitting a patent application that was rejected 10 years ago, there are several factors to take into account. First, it's important to understand why the original application was rejected. This could be due to a variety of reasons, such as issues with novelty,... View More

View More Answers

2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: To whom it may concern : Can I resubmit my “ rejected “ patent of 10 yrs ago ? Thank you.

Medical device

. Battery operated

/ usb

.

Peter D. Mlynek
Peter D. Mlynek
answered on Nov 25, 2023

NO. You cannot resubmit your patent application if it has been dead for 10 years.

(Think about it. How would it be fair if you apply for a patent, the Patent Office rejects it, the file is closed, other companies in the industry see your published patent application knowing that the...
View More

View More Answers

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Florida on
Q: Hello.I have a question regarding the registration of the patent holder.

I would like to ask what I can do when my former partner in the company stole the software and registered a patent only for himself? The software belongs to a Slovak company in which he was a partner, but the court canceled his partnership. Is it possible to challenge this patent or file a request... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 21, 2023

If your former partner registered a patent on software that was developed within your Slovak company and without including you or the company as co-owners, you have several options to consider. The first step would be to gather all evidence that demonstrates your contribution and the company's... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Florida on
Q: Can you help me patent a credit card idea? It pertains to a card using a specific MCC on purchases

I want to make and design a specific credit card that works for “certain” (ill be. More specific on what that is when i start talking to a lawyer) purchases where the user get points/cash back a purchases in this specific category. I want to patent an MCC (merchant category codes) along with... View More

Adam W. Bell
Adam W. Bell
answered on Oct 19, 2023

Theoretically there is no reason why your method of using an MCC could not be patentable. But of course it has to be novel and non-obvious. These are legal standards and you need a patent attorney to determine this. Because the process would involve a considerable investment, you would be wise to... View More

View More Answers

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Florida on
Q: Can you help me patent a credit card idea? It pertains to a card using a specific MCC on purchases

I want to make and design a specific credit card that works for “certain” (ill be. More specific on what that is when i start talking to a lawyer) purchases where the user get points/cash back a purchases in this specific category. I want to patent an MCC (merchant category codes) along with... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

If you're aiming to patent a credit card concept based on a specific MCC usage, there are a few things to consider. First, remember that to be patentable, your idea must be novel, non-obvious, and useful. While the concept of rewards or cash back on credit cards isn't new, your specific... View More

View More Answers

1 Answer | Asked in Business Law, Intellectual Property and Patents (Intellectual Property) for Florida on
Q: What can be done about a company whose website shows an incorrect product inventors name and that inventions location?
Tim Akpinar
Tim Akpinar
answered on Jul 26, 2023

A Florida attorney or intellectual property would have the most insight into this, but your question remains open for two weeks. If it's only an informational site that posts things like news articles or press releases, the webmaster or author could be contacted to point out the correct... View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: One quick question please if I may. How do I protect my idea from being stolen while I go through the process 4 a patent

I just want to make sure that if I go through with my idea, while it may take upwards of a year for the process to finish, that I can protect my idea somehow from being stolen by others and being patented by others.

David Aldrich
David Aldrich
answered on Feb 14, 2023

To obtain an issued, enforceable patent, you would file a “utility” patent application. When you say ”the process 4 a patent,” are you referring to the preparation of this patent application, or the process of ultimately obtaining an issued patent (i.e., the back-and-forth with the patent... View More

View More Answers

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: One quick question please if I may. How do I protect my idea from being stolen while I go through the process 4 a patent

I just want to make sure that if I go through with my idea, while it may take upwards of a year for the process to finish, that I can protect my idea somehow from being stolen by others and being patented by others.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2023

There are several ways to protect your idea while you go through the process of obtaining a patent:

Keep your idea secret: Do not share your idea with anyone who is not under a non-disclosure agreement (NDA). This will prevent them from using or sharing your idea with others.

File a...
View More

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Abandoned patent used in research

I work for a research institute and there is an abandoned patent for a lifting conveyer. I'd like to use the concept on the patent as part of my overall project. Would I be able to use it in a research setting at a university? It's not the focus of my research but simplifies an a part of... View More

Stephen E. Zweig
Stephen E. Zweig pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2022

If the patent was abandoned more than two years ago, then the chances that the owner could revive it are pretty low, and it should be relatively safe to use. If the patent expired due to "old age," then it is also safe to use. The main risk is if the patent was recently abandoned (less... View More

2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Where do i go to discuss what i need for a US Patent.

Location best preferred

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Sep 11, 2022

You may start at the US Patent and Trademark Office website (USPTO. org) to get general information about patenting an invention. The next step would be to consult a Patent attorney who can guide you through the process and advise you based on the invention you wish to Patent. Sometimes it is... View More

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: I wanna make a patent. How do u do it
Carl Massey Jr
Carl Massey Jr
answered on Dec 7, 2021

First, make an invention. One that is novel and nonobvious. Then write some words and draw some pictures providing adequate written description and enablement. Then file at the USPTO office and wait until they send you something back. Then argue with them that the claims really are novel and... View More

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: I need a patent lawyer

I need a patent lawyer to pursue Apple Pay for this patent

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Oct 27, 2021

All that was posted to the patent attorneys was "I need a patent lawyer to pursue Apple Pay for this patent" It is not clear what patent you are talking about.

To the extent that you believe you have a lawsuit for patent infringement, then it is not a good idea to share that in...
View More

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Can a patent be issued for something already being sold?

My original company sold a golf grip that was issued a patent 10 years after I first sold these grips.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Oct 22, 2021

A patent should not be issued if the patented claims read on a product that was on sale before the patent application was filed. It would be unusual but not impossible for a patent to issue from a patent application family that stretches back 10 years.

The patent may be for a very narrow...
View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Florida on
Q: hi i was inquiring about if a patent is already out about something that i made at home then saw something similar to it

ear straps for a binky for babys attached to the side wholes of the binky. i would like to actually create something like this and see its already out but wanted ,ore information on it. i saw clips that you clip onto the binky but i was to have mine built in and mass produce. can you help me please?

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Oct 13, 2021

You will need to contact a patent attorney to determine if your product would infringe on a patented product. Perhaps the patent you saw has already expired or no longer valid, but there may be other patented products that you may be at risk of infringing. It is important to determine the... View More

2 Answers | Asked in Federal Crimes and Patents (Intellectual Property) for Florida on
Q: On Appeal to District Appellate Court my case was VACATED and REMANDED back to the Bankruptcy Court. The Court REFUSED.

The Bankruptcy Court said I owed

Payment s to my plan . My case was ruled against me and ended before the Appeal the Appellate Court decided the Vacate Remand Order. The Bankruptcy Judge who did so was removed from his cases before he made the decision.

I have unquestionable... View More

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Oct 4, 2021

This question was posted as a question on patents (inventions). That is not the right topic. You may get better answers if you post this as a bankruptcy question.

Good Luck

Kevin E Flynn

View More Answers

4 Answers | Asked in Copyright and Patents (Intellectual Property) for Florida on
Q: I have a display patent from 1993 I'd like to know if there's some way I can update it ?
Stephen E. Zweig
Stephen E. Zweig pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 25, 2021

Sadly no. Patents typically have a maximum lifetime of about 20 years from the filing date. Although this can be adjusted a bit for delays at the USPTO, usually, the adjustments are only for a few months or years.

A 1993 patent era patent is likely long expired, is probably public...
View More

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: How do i find out if something is already patent?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jul 31, 2021

To get a final answer, you will need to work with a patent attorney that will commission a search. But you can take some initial steps on your own. You can use the free search tools and some tips on DIY searches listed in my slide set https://bit.ly/Patent__Searching .

You can also look...
View More

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: D845064- is this just a lid patent? I see many cups with this same design.
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jun 15, 2021

Great question.

I looked at the patent. I agree, there is very little that strikes my eye as novel. Keep in mind that this is a design patent not the much more powerful but hard to get utility patent. This design patent does not preclude people from having a threaded top with a place for...
View More

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.