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Florida Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Am I able to assign patents in a will?
Kevin E. Flynn
Kevin E. Flynn answered on Oct 19, 2018

I do not see why not. A patent is a piece of property and moves with much of the same rules. The USPTO system for recording ownership has a selection for letters testamentary which is a document issued by a probate court to an executor. See https://epas.uspto.gov/

This is really a...
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2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: If my ideas are connected, to I file one patent for them or separate ones?
Peter D. Mlynek
Peter D. Mlynek answered on Sep 26, 2018

If you have two inventions, then you will need to have two patents. If you have one invention, but it has several different flavors of the invention, then you can just file one patent application. Due to the costs, it is obviously beneficial to have everything in one patent application.... Read more »

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2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Is it possible to split a patent up, once it's been filed?
Peter D. Mlynek
Peter D. Mlynek answered on Sep 7, 2018

Yes, this happens all the time. This is often done because, under the US law, a patent has to claim only ONE invention, so if the claims are directed to several inventions, the Patent Office asks the inventor to select which of the claims the Patent Office should examine. The rest of the claims... Read more »

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2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: How long does it normally take for the patent office to review a patent?
Kevin E. Flynn
Kevin E. Flynn answered on Aug 3, 2018

Congress has asked the USPTO examiners provide a first substantive review (Office Acton) within 14 months. If they do not do so, the patent owner can be awarded extra days at the end of the patent life to compensate for the slow response. This is called Patent Term Adjustment (PTA). Some patent... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: I am an Heir Apparent to Land Patents in Orange County Florida where Reedy Creek Improvement Districts is working.

I hold the Certified Copies of My Families Land that Disney World needed for Sewer Water and Utilities and Singh's Infrastructure.

Land Claimed and Settled and was intended for Inheritance. Favors to Politicians and Roy Disney. This Land was Patent and included all appurtenances (Minerals).... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 16, 2018

No, in general you as "heir apparent" don't have choate rights to the land until the present owner has died.

A patent, in this context, would be equivalent to a deed, but from the federal government. As I understand your question, title is still held by the BLM (the US government). Is...
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2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Teff was not "invented" by Jans Roosjen - is there a way to flight this patent?
Kevin E. Flynn
Kevin E. Flynn answered on Jul 2, 2018

I am not familiar with the patent that you are concerned about but I can give you a generic answers.

A patent that was issued without an adequate examination of all the relevant prior art can be reexamined if someone submits the documentation and the filing fee for a reexamination request....
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2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Does an individual who gives someone money for a PPA have any right to the patent if they were not on the application?

N/A

Kevin E. Flynn
Kevin E. Flynn answered on Jun 28, 2018

What a mess. Ideally you would have been working with an attorney and things would have been explained and put into writing.

Inventorship and ownership are not the same thing. If you work for IBM and invent something while at work, you are the inventor but IBM is the owner (often after...
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2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Can a foreign company file for a US patent?
Kevin E. Flynn
Kevin E. Flynn answered on Jun 15, 2018

Yes. There is no requirement to be a United States citizen or a United States entity.

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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: A person said I was infringing but the patent is pending -- does that make a difference?
Kevin E. Flynn
Kevin E. Flynn answered on May 25, 2018

The old rules were that you were not liable for infringing a patent until the patent issued. So you did not infringe a pending application.

That is still true but there is another form of damages called provisional rights (totally unrelated to provisional patent applications). The patent...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: I am looking to activate my patent Panic Break, correct spelling (Brake)

The present invention is a live saving devise to quickly assist those involved in an imminent accident and panic to respond to apply the vehicle's brake pedal. This devise with the push of the button #2 applying a positive current #1A to activated the solenoid #5, for a quick action to stop the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 21, 2018

And what's your question?

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Hi, I have a patent application that have spired, can I reactivate my application?

The present invention is a live saving devise to quickly assist those involved in an imminent accident and panic to respond to apply the vehicle's brake pedal. This devise with the push of the button #2 applying a positive current #1A to activated the solenoid #5, for a quick action to stop the... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on May 21, 2018

In the United States, you need to file a patent application (and keep it alive) from before your first public sale, first public use, or before the one year anniversary of a public disclosure -- like posting it on your web site or YouTube. If your patent application was published, that counts as a... Read more »

3 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Can I file a patent if I'm not a U.S. citizen?
Terrence H Thorgaard
Terrence H Thorgaard answered on May 4, 2018

Certainly.

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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: What's the average length of time for a patent application to be reviewed and approved?
Kevin E. Flynn
Kevin E. Flynn answered on Apr 14, 2018

The time for a utility patent application to receive a First Action On Merits (FOAM in PTO lingo) varies greatly. The FOAM is the first substantive comparison of the pending claims against the prior art and the various rules for how patent claims should be written. This is known as a Office... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Florida on
Q: Hi there just wondering if I had this display patent back in 1990 is there a way to update the patent since I.T. had

Changed over the years And what is intellectual property

Kevin E. Flynn
Kevin E. Flynn answered on Apr 13, 2018

You cannot update an issued patent to expand coverage. You can file a new patent application. The Bell patent on the telephone was filed more than 100 years ago and there are still lots of new patent applications on the telephone.

Keep in mind, that your new application will need to be...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: can one patent an invention based on two existing items. The main item's patent has expired

I have an invention that will add audio sound to an existing product that has been patented and successful but the patent has expired. Can such an invention be patented? When compared to the existing product, the new product will be different with respect to new features that produces sound vs.... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Mar 19, 2018

This is a very common question.

Generally, if you just combine two known products, and they work together as one would expect them to, then no, it would not be patentable. So, to use your example, if you put a small radio in the handle of an umbrella so that you can listen to the radio...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: I'm interested in getting a patent filed, but I can't tell if I would be infringing on an existing patent or not.

I am looking to patent a few baby items. I tried to research them on my own to figure out whether or not I would be infringing, but I can't figure it out. How do I do this?

Kevin E. Flynn
Kevin E. Flynn answered on Mar 7, 2018

Filing a patent application does not infringe on an earlier patent. You are free to file a patent application for an improved product that would infringe the earlier product. For example, you can patent a mountain bike that would infringe a more basic bicycle patent. The more basic bicycle... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: I have put together a bundled kit and want to sell it as a single product. Is there any protections that I can acquire?

This product will be used in a very specialized recreational hobby and there is nothing like it that exists in the marketplace right now.

Kevin E. Flynn
Kevin E. Flynn answered on Feb 28, 2018

There are patent claims, particularly in the medical space for kits. The kits may include a set of specialized tools to perform a particular minimally invasive surgical procedure. Usually, one or more elements in the kit are patentable and the purpose of the kit claims is to expand the reach of... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Is a mixture of 2 chemicals in a particular ratio patentable. If those ratios are changed by 1 %, is it a new patent?

I have formulated a metal cutting fluid for tapping. In a torque test lab it shows a 22.8% torque reduction compared to the #1 US used brand. It is formulated using 2 chemicals. A. is it patentable, B. if the % of components ratios are altered is that grounds for a new patentable formula by any... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Feb 25, 2018

Yes, these types of formulations are patented all the time; I’ve prepared and prosecuted many patent applications a big client develops and manufactures petroleum additives, for drivetrain, engine oil, fuel additives and like. A couple of points.

(1) I like the fact that you have an...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: I have an invention that I want to patent, but I'm concerned about the cost.

How do I know if it's better to keep it a trade secret instead?

Peter D. Mlynek
Peter D. Mlynek answered on Feb 23, 2018

A patent is a business tool. It is a way of helping you make more money than you would without it. And getting a patent is expensive.

But to answer your question, there are some rough guidelines to keep in mind:

(1) Your cashflow from the patented product should be significant....
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Can I patent a technology that is seen in a scifi movie if I figured out how to create the technology in real life.

I already have it, I know it works and I know it will have a major impact on education.

Kevin E. Flynn
Kevin E. Flynn answered on Feb 4, 2018

The short answer is yes you may obtain a patent for figuring out how to make something that was in a sci-fi movie.

Lots of things are suggested in sci-fi movies or in Jules Verne books that people later make a reality. If one of skill in the art could not make a submarine or a warp drive...
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