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North Carolina Patents (Intellectual Property) Questions & Answers
3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for North Carolina on
Q: How do I know if the kayak I am purchasing from another country is not patented here in the USA?
Randall Bateman
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Randall Bateman
answered on Nov 6, 2023

If you are buying items on Alibaba or other similar cites and intend on reselling them, it is very important to do a patent search to try and determine if the product is patented. If it looks very similar to another product, you should see if the product indicates that it has a patent or patent... View More

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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for North Carolina on
Q: How can I know for sure if patents were my dad's and not someone with the same name?

I believe that my father invented things for the government and or contractors. How can I know for sure if it is him and not someone with the same name?

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2023

To determine if your father is the inventor of certain patents, you can take several steps. Start by gathering information about your father's work history and any potential inventions he may have been involved in. Check if he had any affiliations with government agencies or contractors. Next,... View More

1 Answer | Asked in Patents (Intellectual Property) for North Carolina on
Q: Are new drumstick holding technique, way to assemble hi hat, and drumming style patentable?

i have a different drum setup. i have combined hand drums with my drum set along with using my drumstick holding technique. my hi hat i combine unusal symbols along with at least one of them being inverted.

Peter D. Mlynek
Peter D. Mlynek
answered on Jan 31, 2023

Yes, I believe that it should be patentable.

What I like about our invention as far as patenting it goes, is that it is a combination of three parts: a holding technique, a way to assemble parts of the kit, and a drumming technique.

However, be prepared to face two very large...
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2 Answers | Asked in Patents (Intellectual Property) for North Carolina on
Q: the first step in obtaining a patent?

i have a product that is needed? what is my first step?

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 16, 2022

I love for all my clients to read some patents in their space. That way they know what level of detail goes into a patent. Here is a link to my slide set that teaches entrepreneurs how to use free tools to look for relevant patents and applications. https://bit.ly/Patent__Searching

The...
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3 Answers | Asked in Estate Planning and Patents (Intellectual Property) for North Carolina on
Q: My Father passed,how do I find out if there’s anything in he’s estate for my sister and I. Thank you
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jul 20, 2021

This question was presented to attorneys that work on patents (inventions). There is not a legal category for pa r ents.

You may want post this as a probate question as it may be possible that your father did not do estate planning and the default rules will be applied.

This is...
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1 Answer | Asked in Patents (Intellectual Property) for North Carolina on
Q: Did Ronald Carter patent Ring Camera and CPI Security.

I was told that Ronald Carter patented the Ring Camera and CPI System. I asked who holds the patent and a different name comes up.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Apr 6, 2021

You may need to work with a patent attorney to fully answer this question. As a start, a Ronald Carter is a named inventor for US PAT. NO. US10949153B2 for Methods and systems for facilitating the generation of a customized response based on a context. The text of that patent indicates that... View More

1 Answer | Asked in Patents (Intellectual Property) for North Carolina on
Q: If my interchangeable pin, that originally thought of myself has a snap, will that be unique enough?
Timothy John Billick
Timothy John Billick
answered on Dec 2, 2020

I need more information before this question can be answered. Please consult with a patent attorney.

1 Answer | Asked in Patents (Intellectual Property) and Probate for North Carolina on
Q: my dad pass on august 31 2020 he as 2 properties 1 with his wife bought in 1989 and he as 1 property he bought 1986 mom

with my mom he does not have a will

Ben Corcoran
Ben Corcoran
answered on Nov 6, 2020

I am writing this presuming you are asking what happens to the properties now. I would have to read both deeds to form an opinion on the current ownership of the properties as well as know the status of your mother and your father's most recent wife.

Contact a local probate attorney...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for North Carolina on
Q: Does the jelly belly have a patent on their product?
Timothy John Billick
Timothy John Billick
answered on Oct 22, 2020

Please consult an experienced IP attorney to full assess the particular rights of any company. A "FTO" or "Freedom to Operate" opinion is a very important and detailed analysis that should not be taken lightly. To get you started in the right direction, consult the Patent and... View More

2 Answers | Asked in Patents (Intellectual Property) for North Carolina on
Q: I am designing a Beach shade system. How do I know what I can build and not build? What does patent pending mean?

Similar to the Shibumi Shade. What part of this patented and what isnt. I have a similar idea.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jul 16, 2020

Patent Pending means that the person has asked for a patent and the application has not yet been granted or denied. If someone puts patent pending on a box, that might have been accurate when they put it on the box but may not be accurate now.

To sort out what things are patented on beach...
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1 Answer | Asked in Patents (Intellectual Property) for North Carolina on
Q: Is there a way to search for pending patents?
John B. Hudak
John B. Hudak
answered on Apr 28, 2020

If you look at the USPTO website it will give you strategies for searching for patents. Part of a patent search includes searching for relevant published patent applications, which can be done for US patents on USPTO Patent Application Full-Text and Image Database (AppFT) and for foreign patent... View More

Q: I live I north carolina my daughters boyfriend grandmother bout here a cell phone she will not give it to me what's my
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Sep 27, 2019

I am sorry, this is not a patent law question. Perhaps you thought the category was paRents instead of paTents.

Good luck in resolving your situation.

Kevin E Flynn

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Q: Which online database can I use to see if I have infracted on a patent
Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 9, 2019

try USPTO, it may be hard to navigate. Try also google patents.

It may give you a decent idea. You may need to pay an expert who knows how to navigate deeper the patent databases.

1 Answer | Asked in Patents (Intellectual Property) for North Carolina on
Q: I have many ideas but I don’t know the process of getting a prototype or a product

I almost used Davison but I checked them out on better business bureau and they weren’t verified and the reviews didn’t look good so I cut ties with them, I need help finding a business that won’t screw me over with false advertisement

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jan 29, 2019

Mr. Thomas,

This is hard. I know some firms that help flesh out ideas and make prototypes. The engineers often become co-inventors but they will assign the patent rights over to the client that is paying them. Good folks normally have a range of things that they do and they are not the...
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2 Answers | Asked in Patents (Intellectual Property) for North Carolina on
Q: how is it that during my patent search I am finding patent applications for items that have existed for years?

Finding patent applications for treestands and they've been around since the 70s. Also finding applications for things I would think are public domain like tree climbing sticks that have bee around for about 20 years or more.

Peter D. Mlynek
Peter D. Mlynek
answered on Dec 18, 2018

Because they are for some new improvements to the treestands or tree climbing sticks. Remember, it is not only new products that you can get a parent on, but also on IMPROVEMENTS to existing products.

Telephones, golf clubs, bicycles, and like, have also been around for over 100 years,...
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1 Answer | Asked in Patents (Intellectual Property) for North Carolina on
Q: we haven't made any money from our patents but they have been selling our building how do i get compensated

justrite manufacturers are making and selling our designs

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Aug 3, 2018

If someone is selling items in the US that fall within the claim of one or more issued claims in an unexpired patent, then you can sue in federal court for patent infringement.

If it is a utility patent you can seek reasonable royalties. If it is a design patent, then you can sue for...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for North Carolina on
Q: My patent is expired, Am I entitled to monetary compensation over the years from others who used it?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Feb 22, 2018

Step 1 -- A person can sue for damages for infringement that are within the last six years before the suit was followed (unless some other special rule applies). See https://www.law.cornell.edu/uscode/text/35/286

Step 2 -- US Patent No 5,116,098 expired for failure to pay maintenance fees...
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2 Answers | Asked in Patents (Intellectual Property) for North Carolina on
Q: Can a generic drug be patent protected if synergy improvements occur with a second additive?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Dec 12, 2017

Many inventions involve components that are not patented protected. So it would be possible to have a patent application that involves a new pill with an old drug combined with another drug. There may be other ways to approach this type of invention.

What you cannot do is to remove the...
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Q: i am an app developer and need representation. I know that certain companies are interested in my apps.

I have had people who have stolen apps without permission, who have then sold my apps (properties) without my permission. I need a lawyer to represent me as retaliate as well as when I contact big name tech companies concerning offers. I need representation to help me draft contracts as well as... View More

Will Blackton
Will Blackton
answered on Apr 14, 2017

There are several attorneys listed on the Justia directory who would be able to help you. You should look for North Carolina attorneys with experience with copyright law, business transactions (licensing agreement and business entity formation), and civil litigation. You should contact 2-3... View More

1 Answer | Asked in Patents (Intellectual Property) for North Carolina on
Q: How do I get in contact with a person who holds a patent?
Peter D. Mlynek
Peter D. Mlynek
answered on Nov 22, 2016

I presume that you mean the inventor. The inventor is listed on the front page of the patent, typically with the name of the town and state where the inventor lives. You can then search for this person on LinkedIn, Ancestry, other social media, or just Google him/her

If you are coming up...
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