Ask a Question

Get free answers to your Patents (Intellectual Property) legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Patents (Intellectual Property) Questions & Answers
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...
View More

View More Answers

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.

View More Answers

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...
View More

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

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.

View More Answers

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...
View More

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...
View More

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...
View More

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....
View More

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...
View More

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.

View More Answers

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...
View More

View More Answers

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...
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.