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Florida Patents (Intellectual Property) Questions & Answers
3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: Is it possible to patent my robotics idea?
Peter D. Mlynek
Peter D. Mlynek
answered on Mar 23, 2019

Well, you can't patent an idea, but you can patent your invention in the field of robotics.

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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Hi, pl advise if these patents assigned to Sanuk USA D429555; D410137; D404894; 7234248 is applicable internationally?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Mar 7, 2019

These appear to be a set of three US design patents and one US utility patent. A United States patent is effective against people that make, use, sell, or offer to sell an infringing product in the US.

So a US patent can be used against a product made in China and imported into the US, or...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Florida on
Q: Is it possible to patent something ..

for Example . Plant grow tent. If I took the basics of the tent , such as the building part of it and how it’s put together . However I changed the material used and actually used it for something totally different would I be able to patent that or stop other companies from selling the same thing ?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Feb 28, 2019

Your short question includes many key questions of patent law.

1) You do not infringe a patent. You infringe one or more specific independent claims (ones that start with no reference to another claim) and possibly some dependent claims (a claim that adds additional limitations to at least...
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2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Is a patent possible in this circumstance

If there is a product currently in the market place which has always been manufactured using either leather or traditional wood from trees and I start manufacturing this product but instead of using leather or lumber from trees, I use a different material, like bamboo, which gives the item a very... View More

Griffin Klema
Griffin Klema
answered on Feb 6, 2019

Kevin's answer is pretty close. To put it succinctly, unless you have discovered a new way of manufacturing the bamboo into a golf bag (e.g. a new way to join the pieces of bamboo), you probably can't get a utility patent. Regarding design, you may be able to get a patent for a bamboo... View More

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: Filed utility pAtent, June 20/3 (pub 20050033596) before Facebook. PTO refused to process it.

June 2003

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jan 8, 2019

I see that you filed a patent application and the PTO processed the application with an Office Action rejecting the claim as too vague to even examine. After a period of six months, the application was deemed abandoned. There is an indication in the file that the final notice was returned as... View More

2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: If I create something that would compliment or be used with a product that already has a patent, is that legal?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Dec 27, 2018

Most products are used with other products that are patented. Think of all the peripheral devices that can work with your laptop, your cell phone, or your smart speaker.

I hope this helps.

Kevin E Flynn

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2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: If an application was submitted but a patent was never granted, is there a way to use said application w/ modifications?
Peter D. Mlynek
Peter D. Mlynek
answered on Dec 5, 2018

This happens all the time. If it is not granted, and there is no likelihood of it being granted, then whatever is disclosed in the patent application is dedicated to the public. Anyone can use whatever is in the published application with or without modifications.

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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Is there any way to transfer ownership of an existing patent to someone else?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Dec 4, 2018

Yes. Ownership rights to a patent can be transferred by an assignment. Partial rights can be transferred by license.

Assignments should be recorded at the USPTO at https://epas.uspto.gov/. Prior recorded transfers can be seen at https://assignment.uspto.gov/patent/index.html for patent...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Another company wants to buy my business, which has a patent associated with it for one of our products. If I move

forward on the acquisition, will I lose control over the patent?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 12, 2018

It depends upon what you and the buyer agree to.

If the rights to the patent have been assigned into your company and you sell that company to buyer, then buyer owns the assets including your patent. You would not have the right to practice that patented invention without getting a...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Am I able to assign patents in a will?
Kevin E. Flynn
PREMIUM
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.... View 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... View 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
PREMIUM
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... View 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... View 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...
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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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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... View 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... View More

Kevin E. Flynn
PREMIUM
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... View More

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