Maryland Patents (Intellectual Property) Questions & Answers
Q: If someone has a patent on an idea how long do I need to wait to get a design patent on the same idea?
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Answered on Feb 27, 2019
Answered on Feb 27, 2019
Peter D. Mlynek's answer
You can't. You can't patent something that you did not invent. And you can't patent something that is already available to the public.
Now, if you have an invention that is sufficiently different from, or an improvement over, an existing product, then you should be able to patent it. And you can file for it right away.
You can't. You can't patent something that you did not invent. And you can't patent something that is already available to the public.
Now, if you have an invention that is sufficiently different from, or an improvement over, an existing product, then you should be able to patent it. And you can file for it right away.
Q: Provisional patent Jeld Wen /Masonite could be interested in. lawyers available in this field to negotiate?
Kevin E. Flynn's answer
If you really think you have something that would be worth licensing, then you should find the money to get a non-provisional patent application written and filed. I would suggest filing it with a Track One request and the relevant fee (which may be as low as $1000) in order to get a first Office Action in a few months. Your ability to license this will be markedly different once you have a notice of allowance or an actual issued patent versus a mere provisional filing.
You should...
If you really think you have something that would be worth licensing, then you should find the money to get a non-provisional patent application written and filed. I would suggest filing it with a Track One request and the relevant fee (which may be as low as $1000) in order to get a first Office Action in a few months. Your ability to license this will be markedly different once you have a notice of allowance or an actual issued patent versus a mere provisional filing.
You should...
Q: how many patents do laser beams (for eye correction, tattoo removal, etc.) have?
Peter D. Mlynek's answer
Over 130 thousand. Yes, there are a lot of patents that claim lasers or the use of lasers.
Over 130 thousand. Yes, there are a lot of patents that claim lasers or the use of lasers.
Q: William Holub, inventor of patent # 5681475, passed away 10 years ago. Can his widow receive compensation.
Kevin E. Flynn's answer
There is not a process for the United States Patent Office to provide compensation to widows of patent inventors.
Patent US5681475 was filed back in 1995 and is listed as expired. So unless there was an agreement with an assignee of the patent to share money with the inventors that has not been fulfilled, I do not see a way of obtaining compensation.
Once can obtain the assignment document at https://assignment.uspto.gov/patent/index.html#/patent/search but it is possible...
There is not a process for the United States Patent Office to provide compensation to widows of patent inventors.
Patent US5681475 was filed back in 1995 and is listed as expired. So unless there was an agreement with an assignee of the patent to share money with the inventors that has not been fulfilled, I do not see a way of obtaining compensation.
Once can obtain the assignment document at https://assignment.uspto.gov/patent/index.html#/patent/search but it is possible...
Q: What can I do if I believe my idea from invention company was stolen?
1 Answer
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Answered on Jul 10, 2018
Answered on Jul 10, 2018
Kevin E. Flynn's answer
It is very serious to accuse someone of stealing an idea. It does happen but you need to have your facts all lined up.
As your fact pattern did not include that you obtained a patent, you cannot sue for patent infringement. (yet).
You need to take all the relevant documents to an attorney with the right skill sets. Someone will need to sort out whether someone else simply had the same good idea that you did. Happens all the time. Necessity is the mother of invention and...
It is very serious to accuse someone of stealing an idea. It does happen but you need to have your facts all lined up.
As your fact pattern did not include that you obtained a patent, you cannot sue for patent infringement. (yet).
You need to take all the relevant documents to an attorney with the right skill sets. Someone will need to sort out whether someone else simply had the same good idea that you did. Happens all the time. Necessity is the mother of invention and...
Q: Current status of Patent
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Intellectual Property and Patents (Intellectual Property)
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Answered on May 30, 2018
Answered on May 30, 2018
Kevin E. Flynn's answer
PAIR shows this case as alive and the fees were paid at 3.5 years so next fee window opens 8/16/2018.
I hope this helps.
Kevin E Flynn
PAIR shows this case as alive and the fees were paid at 3.5 years so next fee window opens 8/16/2018.
I hope this helps.
Kevin E Flynn
Q: Hello, when do I need to renew my patent?
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Answered on May 28, 2018
Answered on May 28, 2018
John Espinosa's answer
Here is a helpful resource: https://www.uspto.gov/patents-maintaining-patent/maintain-your-patent
Here is a helpful resource: https://www.uspto.gov/patents-maintaining-patent/maintain-your-patent
Q: Can I include a claim based on an old expired provisional patent application into a new application
2 Answers
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Answered on Mar 14, 2018
Answered on Mar 14, 2018
Kevin E. Flynn's answer
If you are seeking to file a patent application to claim something in a provisional application by some other inventor -- that does not work as you need to be the original inventor. You cannot file a patent application on a good idea that someone else had -- even if they did not seek to claim that invention in a later patent application.
If you filed a provisional application A and then filed a non-provisional application B before A expired and you want to claim material that was in...
If you are seeking to file a patent application to claim something in a provisional application by some other inventor -- that does not work as you need to be the original inventor. You cannot file a patent application on a good idea that someone else had -- even if they did not seek to claim that invention in a later patent application.
If you filed a provisional application A and then filed a non-provisional application B before A expired and you want to claim material that was in...
Q: How much would it cost, and how long would it take, to file a patent for a new type of jewelry case?
Peter D. Mlynek's answer
It generally takes several days, maybe up to a week (or two, if there is a lot of back and forther between the inventor, attorney, and the drawing person), to put together a patent application. The whole process, from the filing of the application, until you get a patent, will be about 2 to 4 years.
The cost? About 3,000 to 12,000 to write the patent, another 10-15K during the prosecution, and then several thousand to maintain the patent during the life of the patent.
It generally takes several days, maybe up to a week (or two, if there is a lot of back and forther between the inventor, attorney, and the drawing person), to put together a patent application. The whole process, from the filing of the application, until you get a patent, will be about 2 to 4 years.
The cost? About 3,000 to 12,000 to write the patent, another 10-15K during the prosecution, and then several thousand to maintain the patent during the life of the patent.
Q: With a Provisional Patent; What are next steps to keep secure while shopping invention?
1 Answer
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Copyright, Intellectual Property and Patents (Intellectual Property)
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Answered on Nov 28, 2017
Answered on Nov 28, 2017
Kevin E. Flynn's answer
You need to get connected with an attorney that has been down this road many times before. You will need a non-disclosure/non-use agreement that is used with folks that are given access to your design.
To the extent that you work with vendors to improve your design, the paperwork needs to be clear that their improvements flow to you without additional compensation as you are already paying them to be smart.
Each state has an organization that helps small businesses that is...
You need to get connected with an attorney that has been down this road many times before. You will need a non-disclosure/non-use agreement that is used with folks that are given access to your design.
To the extent that you work with vendors to improve your design, the paperwork needs to be clear that their improvements flow to you without additional compensation as you are already paying them to be smart.
Each state has an organization that helps small businesses that is...
Q: What are steps to patent a process? Can this claim be on the same form as the design or utility patent?
Kevin E. Flynn's answer
There are three types of patents in the US:
plant patents,
design patents (on the ornamental appearance of something), and
utility patents.
The latter is the most common so people frequently say patent rather than utility patent. Within utility patents, the following types of things can be patented.
"Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may...
There are three types of patents in the US:
plant patents,
design patents (on the ornamental appearance of something), and
utility patents.
The latter is the most common so people frequently say patent rather than utility patent. Within utility patents, the following types of things can be patented.
"Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may...
Q: How important are number of pictures for patent? I have three for a gaming table
Kevin E. Flynn's answer
You need to have enough detail so that others can make and use your idea. Some patents have no drawings at all. Some have three or less. Some have dozens of drawings -- especially if they are showing many different variations on the idea or if there are many flow charts on processes.
I suggest that you read some issued patents on gaming tables to get a better feel on the level of detail that is normal for this type of invention. Keep track of the patents you review as you will need...
You need to have enough detail so that others can make and use your idea. Some patents have no drawings at all. Some have three or less. Some have dozens of drawings -- especially if they are showing many different variations on the idea or if there are many flow charts on processes.
I suggest that you read some issued patents on gaming tables to get a better feel on the level of detail that is normal for this type of invention. Keep track of the patents you review as you will need...
Q: I want to file an international patent; what are specific procedures and requirements?
2 Answers
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Copyright, Intellectual Property, International Law and Patents (Intellectual Property)
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Maryland
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Answered on Nov 18, 2017
Answered on Nov 18, 2017
Kevin E. Flynn's answer
There is not really an international patent. There is a process to file a patent application which serves as the front end for the patent application systems for 152 countries or regions http://www.wipo.int/pct/en/pct_contracting_states.html. This is a Patent Cooperation Treaty Application (PCT). People sometimes call this an international patent but that is not accurate.
You can file a utility application here in the US and then file your PCT application within 12 months of that...
There is not really an international patent. There is a process to file a patent application which serves as the front end for the patent application systems for 152 countries or regions http://www.wipo.int/pct/en/pct_contracting_states.html. This is a Patent Cooperation Treaty Application (PCT). People sometimes call this an international patent but that is not accurate.
You can file a utility application here in the US and then file your PCT application within 12 months of that...
Q: When filing an patent; what are specific differences relating to an improvement on an invention vs. an invention?
1 Answer
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Copyright, Intellectual Property and Patents (Intellectual Property)
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Maryland
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Answered on Nov 18, 2017
Answered on Nov 18, 2017
Kevin E. Flynn's answer
Great question.
Here are some points to consider.
1) It is extremely rare that someone submits a patent application for the first x (first transistor, first airplane, first telephone). We remember those folks as they are few and far between. Most patent applications are filed on improvements.
2) When you are the first to file a patent on X-- then you tend to get broader protection and have a stronger patent than someone filing the 100th patent on an improvement to X....
Great question.
Here are some points to consider.
1) It is extremely rare that someone submits a patent application for the first x (first transistor, first airplane, first telephone). We remember those folks as they are few and far between. Most patent applications are filed on improvements.
2) When you are the first to file a patent on X-- then you tend to get broader protection and have a stronger patent than someone filing the 100th patent on an improvement to X....
Q: I have tried USPTO recomended methods; Is there any other way to look up a specific item's patent number?
Peter D. Mlynek's answer
Every patented product should have the patent information attached to it. If the product is such that it is not possible to attach patent information to it, then it should be on the packaging or any attached literature. Finally, recently it became legal to list on the product just a URL which points to the patent information.
Thus, my suggestion is to look carefully on the product itself, then on the packaging, and finally on the manufacturer's website. It is also possible that the...
Every patented product should have the patent information attached to it. If the product is such that it is not possible to attach patent information to it, then it should be on the packaging or any attached literature. Finally, recently it became legal to list on the product just a URL which points to the patent information.
Thus, my suggestion is to look carefully on the product itself, then on the packaging, and finally on the manufacturer's website. It is also possible that the...
Q: How many variations can be covered in one patent? I created a gaming table that I foresee being done in Multiple ways.
2 Answers
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Native American Law and Patents (Intellectual Property)
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Maryland
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Answered on Nov 13, 2017
Answered on Nov 13, 2017
Peter D. Mlynek's answer
There is no limit how many variations of ONE invention you can cover.
But, you cannot claim more than one invention in one patent. If the Examiner thinks that the claims cover more than one invention, then he/she will issue a restriction and ask you to elect only one invention to prosecute.
The question becomes: if you make the table out of another material, or if you make another way of flipping the table over, is this a new invention or is it just a variation of the same...
There is no limit how many variations of ONE invention you can cover.
But, you cannot claim more than one invention in one patent. If the Examiner thinks that the claims cover more than one invention, then he/she will issue a restriction and ask you to elect only one invention to prosecute.
The question becomes: if you make the table out of another material, or if you make another way of flipping the table over, is this a new invention or is it just a variation of the same...
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