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North Carolina Patents (Intellectual Property) Questions & Answers

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 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 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 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 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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Q: Can a generic drug be patent protected if synergy improvements occur with a second additive?

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... Read more »

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... Read 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 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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