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Florida Patents (Intellectual Property) Questions & 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
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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...
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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...
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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
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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

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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...
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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...
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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...
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2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: What is actually patented on D906,015 Looks like a basic towel with small eyelet holes?

Looks like a basic towel to me

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jun 1, 2021

The leading digit D tells you that it is not a utility patent (on the features) but a design patent on the appearance. This keeps people from selling things that look just like a product and thus fooling consumers into buying a knockoff. So they have not patented all combinations of towels with... View More

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Q: If there was a youtuber whom read poetry from other poets and got paid for it, could he/she be sued?

They aren't passing off the content (poems) as their own. They are just reading it in a ASMR fashion to make money.

Linda Liang
Linda Liang
answered on May 4, 2021

What is copyright infringement? As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. Since you use the poem in a way that you are making... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: If I know the patent number, how do I find out who licensed a patent, for how much, and when?
Peter D. Mlynek
Peter D. Mlynek
answered on Apr 25, 2021

Sorry, but you can't. Licensing terms, such as financials, are typically highly confidential.

The best that you can do is to find out whether the patent has been assigned to someone. Such assignments are typically recorded at the Patent Office.

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Patent disclosure filed at Sperry Defense (SDE 86), infringed then ID'ed in TRAK product later. What is recourse?

1. SDE #86: Enhanced Tc of Alumina Substrate Utilizing Beryllia Embedding.

2. ~1983

3. Identified in Trak Lobby display, ~2001

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 25, 2021

There is no recourse. Sorry, but this is ancient history, and any rights that you might have had have long lapsed.

2 Answers | Asked in Patents (Intellectual Property) and Social Security for Florida on
Q: I’m 20 years old and I’m dad refuses to give me my ssn.

He told me he was it and the only way I would be able to get it is by changing my address on my driver’s license.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Mar 8, 2021

This is not a patent law question (inventions). I hope that someone familiar with social security issues can be of help.

Kevin E Flynn

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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: My father in law is going to be admitted to a state run retirement home by adult protective services of tx. No will

His wife passed away before Christmas and has dementia. He lives in Texas and we live in Florida. He has no will. My husband is the only child of his. They said when he is released from the hospital that he will be sent to the state run nursing home. Then at that time his home will be locked... View More

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Feb 23, 2021

You need an answer from someone that knows. Your question was posted to patents (inventions). You need to seek someone in Texas with knowledge of elder law and related topics.

Good luck.

Kevin E Flynn

Q: Can I file for a patent to improve a product on the market?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Feb 6, 2021

Yes you can. However, depending on whether your improved product falls within the original patent you may need a license to the original patent to sell a product. If your improvement is a kit to upgrade the original product then you may be ok. Lots of details and nuances. Best bet is to talk... View More

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1 Answer | Asked in Copyright and Patents (Intellectual Property) for Florida on
Q: What ways are there to have custom container holdings a persons feet that can be inserted in between 2layers of silicone

I want to be able to have a pocket for each foot to fit into (like a shoe) made of a silicone material that can fit in between 2 layers of silicone that looks and works like a Mermaid tail. Such as a mono fin or Flippers that are connected and require a swimmer to use both feet at once, unlike... View More

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Jan 9, 2021

I suppose you are asking whether you can get a patent for your product or conversely, whether your product could potentially infringe another patented product. A patent attorney can do a patentability search on your product and review patented products to provide you with an opinion on both these... View More

2 Answers | Asked in Copyright, Products Liability and Patents (Intellectual Property) for Florida on
Q: How much does it cost to review a product we are producing for a client's promotional gift to avoid patent violation?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 13, 2020

The costs vary but it can be expensive. This is called a freedom-to-operate or clearance opinion.

See == https://www.flynniplaw.com/services/legal-services/freedom-to-operate/opinions

The first step is that a freedom-to-operate search needs to be done for issued patents that have...
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1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for Florida on
Q: I have a disclaimer. Can I stop some else from using the words on their website, logo/trademark outside the USA?

My trademark has all generic words I have a disclaimer for all the generic words on my trademark. however I have noticed a website using my trademark words on their website and company name as well as their domain have a couple words from my trademark. Can I stop them from using those generic words... View More

Tania Maria Williams
PREMIUM
Tania Maria Williams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2020

It depends on how the words are being used. Usually the disclaimer means that you do not have rights to that word outside of its use as part of your mark. Therefore, their use of the words depends on the similarity in the marks as a whole. With regard to stopping them, you may be able to send a... View More

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: When there are 2 entities under Assignee, for example "X, Y" Can X use the patent independently from Y or needs agrment
Stephen Kontos
Stephen Kontos
answered on Sep 18, 2020

It depends on the agreement between the entities. Unfortunately, there's no way to know what each entity is permitted to do based on the text printed on the first page of the patent. For example, if the patent was sold, the Assignees listed on the front page would not be updated to reflect the... View More

Q: I have an organizing system that would complement box legend clothes organizer. I would like to sell the idea.

I would like to sell the idea to the patent owner of box legend clothes organizer.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Sep 7, 2020

Congratulations on having a good idea. You may be able to make and sell this as an aftermarket enhancement for installed systems. That is one route and a route that does not require buy-in from the BoxLegend folks. You may wish to obtain a patent so that others do not make a similar product.... View More

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