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Florida Patents (Intellectual Property) Questions & Answers
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
PREMIUM
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... View 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
PREMIUM
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.... View 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
PREMIUM
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... View 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
PREMIUM
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... View 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... View 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
PREMIUM
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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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: How do I know if I need to patent my new business idea? When is keeping it a trade secret better?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Feb 2, 2018

If what you sell can be readily reverse engineered, then you should get a patent. As time has gone on, more and more things can be discerned by using sophisticated tools to dissect a product and figure out how it works. If there is some chance that you could keep your good idea a secret while you... View More

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: How much does it cost to file a design patent in Florida?
Peter D. Mlynek
Peter D. Mlynek
answered on Jan 5, 2018

$190

But if you earned over $169K last year then the fee will be $380. And if you are a big company then $760.

3 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Patents are granted to CYTOVIA how long is the patent in effect
John Rizvi
John Rizvi
answered on Dec 17, 2017

A U.S. utility patent is good for 20 years after filing.

On the other hand, a U.S. Design patent is valid for 14 years after issuance.

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1 Answer | Asked in Family Law and Patents (Intellectual Property) for Florida on
Q: My daughter is in jail and her baby daddy came took their daughter but he's not on birth certificate now won't bring bac

They have lived with me for almost 2 yrs.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 19, 2017

Your daughter needs to sue the "baby daddy" for custody.

Q: Can a patent owner request that i send them all of my products they consider to be a counterfeit?

i recently started selling pop up phone grips online, not thinking or researching if there was a patent. I got them cheap from a supplier on Alibaba and listed on Amazon. I have only been selling for a week now and popsocket, which is the brand name which owns the patent, has reported my listing as... View More

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 15, 2017

I have seen a patent case that was awarded less than a dollar in damages as they wanted to make a point in a bigger set of battles.

As a practical matter, if you can show that you shipped them back to your supplier for a refund, then it is unlikely that they will chase you. We do not know...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: I am concern about some cosmetic products from different brands that all have same patent number. What does that mean?

I am owner of a similar cosmetic and i want to know if in my packaging i must add same patent number or i need to ask permission to patent owner to do that. Product is not same but pretty similar. I need to know the step to folllow with this as we are manufacturers of our products for more than 13... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Aug 6, 2017

Congratulations on your business venture. I hope that it is successful. Several of my clients are in the cosmetic industry as well.

You brought up a lot of points. Let me try to answer them in turn.

(1) If products from various brands have the same number, then it likely means...
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1 Answer | Asked in Patents (Intellectual Property) and Probate for Florida on
Q: If my great-grandfather had unclaimed money would I be able to claim it? We pretty much have the same name.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 16, 2017

You are thinking about pretending you are your great-grandfather? They will be able to piece the clues together and know that you are not him. Ask them honestly what you will have to do to establish your claim to the funds.

3 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: My ex-husband has stolen my idea and has filed for a patent what can I do?

He has filed the patent and also the original prototype was made by my father

Walker Weitzel
Walker Weitzel
answered on Jun 29, 2017

There are absolutely legal steps you can take. Filing for patent if you are not the true inventor is generally a wasted effort. It is not difficult to render such a patent unenforceable. There are many possible courses of action. One example would be to attempt to convince your ex-husband that it... View More

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1 Answer | Asked in Family Law and Patents (Intellectual Property) for Florida on
Q: If someone is violation of a court order for years, how do I go about exposing this person?

My Mother was granted guardianship of my children. She has been in violation of it for years. Now I am disabled and am living in the household and am witness to the mental and physical abuse that she is inflicting on the children and I. I would like to know how to go about helping me and the kids... View More

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2017

If a current order is being violated then you can file a motion for enforcement. If you want to change the current order then you can file a motion for modification. Either way you nned to file something with the court.

2 Answers | Asked in Contracts, Patents (Intellectual Property) and Business Law for Florida on
Q: If a business is under a TRO...are clients still legally bound to them??????

This company scammed thousands of people with their Ideas on patents. They are still under investigation. They are in Florida and I'm in Tennessee.

Peter D. Mlynek
Peter D. Mlynek
answered on May 9, 2017

Sorry that you were scammed.

Generally, clients are never legally bound to their attorneys. Any client can at any time fire his/her attorney, and walk away. There are some special exceptions, none of which would likely apply here.

The client still has to pay any outstanding bills.

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Q: Is it possible to get a patent on an anti-gravity propulsion device without the United States government taking it away?

I was told by a patent lawyer that the US government would not permit such a patent to be in public view. This of course is discouraging. Is it true?

The inventor of this propulsion device would like to license various corporations and in various countries around the world with this... View More

J.D. Houvener
J.D. Houvener
answered on Apr 3, 2017

Yes it is possible! The government (I believe it is the DoD) would screen the application (as they do all applications) for any technology that could threaten security/safety of the public. Given your brief description, it doesn't seem to fall into that category. That said, even if there were... View More

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