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Maryland Patents (Intellectual Property) Questions & Answers

2 Answers | Asked in Copyright and Patents (Intellectual Property) for Maryland on

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?

The person holding the patent has never brought the product to market. My design is different but the idea is the same.

Peter D. Mlynek answered on Feb 27, 2019

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...
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1 Answer | Asked in Patents (Intellectual Property) for Maryland on

Q: Provisional patent Jeld Wen /Masonite could be interested in. lawyers available in this field to negotiate?

Our Product forms part of this industry's essential component with cost saving benefits. Their monopoly supplier American Containers 50m units pa could be interested?

Kevin E. Flynn answered on Oct 15, 2018

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... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Maryland on

Q: how many patents do laser beams (for eye correction, tattoo removal, etc.) have?

Peter D. Mlynek answered on Oct 5, 2018

Over 130 thousand. Yes, there are a lot of patents that claim lasers or the use of lasers.

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1 Answer | Asked in Patents (Intellectual Property) for Maryland on

Q: William Holub, inventor of patent # 5681475, passed away 10 years ago. Can his widow receive compensation.

Kevin E. Flynn answered on Oct 2, 2018

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...
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1 Answer | Asked in Business Law, Contracts and Patents (Intellectual Property) for Maryland on

Q: What can I do if I believe my idea from invention company was stolen?

Beginning in Nov 2003 (approx) I started working with Davison Inventions. I eventually received a prototype of my idea, which I still have to prove that I had this idea and production in the works. We worked on this for quite some time--I have paperwork from Mr Sawyer to 3 different addresses... Read more »

Kevin E. Flynn answered on Jul 10, 2018

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...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Maryland on

Q: Current status of Patent

Patent #7,998,476 B2

Kevin E. Flynn answered on May 30, 2018

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

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Maryland on

Q: Hello, when do I need to renew my patent?

John Espinosa answered on May 28, 2018

Here is a helpful resource: https://www.uspto.gov/patents-maintaining-patent/maintain-your-patent

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Maryland on

Q: Can I include a claim based on an old expired provisional patent application into a new application

The specification for the new application does not mention the concept on which the claim is based.

The old provisional application was authored by the same person as the new application.

The new application is based upon first to invent.

Kevin E. Flynn answered on Mar 14, 2018

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... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Maryland on

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 answered on Jan 26, 2018

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... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Maryland on

Q: With a Provisional Patent; What are next steps to keep secure while shopping invention?

I have a gaming/dining table I am marketing with the provisional patent in place. What what be the best moves to make next in terms of trade secrets, non-competition agreements, non-disclosure, copyright, etc.?

Kevin E. Flynn answered on Nov 28, 2017

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...
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1 Answer | Asked in Patents (Intellectual Property) for Maryland on

Q: What are steps to patent a process? Can this claim be on the same form as the design or utility patent?

I have a new and useful process to patent.

Kevin E. Flynn answered on Nov 25, 2017

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...
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1 Answer | Asked in Patents (Intellectual Property) for Maryland on

Q: How important are number of pictures for patent? I have three for a gaming table

Kevin E. Flynn answered on Nov 18, 2017

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...
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Q: I want to file an international patent; what are specific procedures and requirements?

Kevin E. Flynn answered on Nov 18, 2017

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).... Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Maryland on

Q: When filing an patent; what are specific differences relating to an improvement on an invention vs. an invention?

I have made an invention that can simply be completed by altering any type of table; end result being a what I'd term as an improvement on dining and gaming tables. I did not invent dining, gaming, or the combination of the two. However, I did invent without using any prior as inspiration, until... Read more »

Kevin E. Flynn answered on Nov 18, 2017

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...
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2 Answers | Asked in Patents (Intellectual Property) for Maryland on

Q: I have tried USPTO recomended methods; Is there any other way to look up a specific item's patent number?

"Sterling Games 3 in 1 Chess Table" Is the product I altered for prototype; I emailed company I purchased from, they transferred me to manufacturer but no luck. The USPTO gives me plenty of examples of similar products, but not the exact one that I altered. Thanks for your any advice

Peter D. Mlynek answered on Nov 14, 2017

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... Read more »

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2 Answers | Asked in Native American Law and Patents (Intellectual Property) for Maryland on

Q: How many variations can be covered in one patent? I created a gaming table that I foresee being done in Multiple ways.

Gaming table utilizes a clear surface, but that could be done via glass, plastic, etc.

Table is also able to be fliped over utilizing both sides, however this could be done manually, mechanically, or electronically

Also, I am "American Indian" and do not belong to a federally... Read more »

Peter D. Mlynek answered on Nov 13, 2017

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...
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