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Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for Massachusetts on
Q: Hi, I would like to get a computer software patent. I would like to have an idea of the price and procedure. Thanks
Peter D. Mlynek
Peter D. Mlynek answered on Apr 7, 2020

The costs vary greatly, but generally to a patent costs about as much as a car: anywhere from about $10,000 to over $30,000.

The procedure is easy: go see a lawyer who specializes in computer software patents. He'll walk you through the process.

2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: Infringement of patent

I am launching my first product. However, my competitors have patents but I am thinking to change the design not function. Would my competitors' patents be infringed? Is it possible to get a patent for my product? Thank you!

Anthony Santangelo
Anthony Santangelo answered on Apr 7, 2020

This is a very difficult and complicated question. A non-provisional patent generally covers the function of an item whereas a design patent covers the ornamental look of a product but not its function. You can still infringe on A patent by changing its design if your new product “reads on”... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Minnesota on
Q: Do the claims under this patent appear to be too abstract to justify validity?

I'm trying to determine if a new invention will pose risk for infringement. The claims under this patent seem very abstract in nature, thus preventing anyone from designing an application that retrieves general fishing related-data from users, processing it and then providing results based on said... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Apr 4, 2020

You really need to contact a patent attorney to help you. The patent attorney should be able to tell you whether your company's product (or service) infringes of that patent or not.

If it looks like that your product infringes on the patent, then you have several options. You could...
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1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: How do you file a patent?

If you have an item that you want to patent, what are the steps to get a patent, or where would you go to get a patent?

And can the patent include more than one person for the creation of the object?

Peter D. Mlynek
Peter D. Mlynek answered on Apr 4, 2020

To get a patent, you need to reach out to a patent attorney, and the patent attorney will take care of it for you.

If you do not know a patent attorney, reach out to any attorney that you know, and he will put you in touch with a patent attorney who should be able to help you.

1 Answer | Asked in Patents (Intellectual Property) for Nevada on
Q: how much does a patent cost to file?
Peter D. Mlynek
Peter D. Mlynek answered on Apr 4, 2020

$785

You need to pay $785, when filing a regular patent application. The fees include filing fee, search fee and utility fee.

However, there are some discounts, and many additional surcharges, so depending on circumstances, the actual fee that you need to pay to the Patent Office...
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Louisiana on
Q: Is this patent still good?

I have the molds for these boats and was checking to see if patent expired

Kevin E. Flynn
Kevin E. Flynn answered on Apr 4, 2020

PATENT TERM

Patent term is more confusing than it should be. The one part that is simple, is that patent term is not a function of the technology. There is not a way for the applicant to apply to extend the patent term (unlike trademarks or copyrights). (but as noted below, there are...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: Hello, If I found the patent, How can I contact the rights owner?

I really need to contact one of the rights owners of the patent. How can I contact them?

Kevin E. Flynn
Kevin E. Flynn answered on Apr 4, 2020

First you may want to consult with a patent attorney to see if the patent that concerns you actually is still in force. I may have lapsed early for failure to pay the maintenance fee and contacting them may cause them to belatedly revive it.

But if you are sure that you want to contact...
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1 Answer | Asked in Copyright and Patents (Intellectual Property) for Massachusetts on
Q: Would I be the "Sole Rights Holder of the material?" It's my video of a comedy show I taped with permission of the club?

I recently discovered a vhs tape of a stand-up comedy shot that I shot in 1993 at a Comedy Club. I was given permission by the comedy club to tape it as I was one of the comedians performing that night. I recently viewed the video again for the first time in almost 30 years....and 2 of the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 3, 2020

Very likely you are not. It is very possible the people in the video have some rights over the video.

You may have to reach out to the people live or their estate and get permission from them.

You should consult with an attorney, and also talk with an insurance company that...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Can I make my own "flexible" sole that can be used with multi-height heels, using a different mechanism?

US Patent for Sole part Patent (Patent # 9,980,533)

Peter D. Mlynek
Peter D. Mlynek answered on Apr 2, 2020

Yes, you can.

As long as you do not do what it says in the claims (literally or otherwise), you should be OK. You can take their idea of flexible sole, but just not what is in the claims.

1 Answer | Asked in Business Law, Civil Litigation and Patents (Intellectual Property) for California on
Q: Amgen control of patent. Sold rights to other companies. Still used. D. Fenton did nothing. Does Tallen have recourse?

I am sole inventor. Michael Tallen. Dennis Fenton did not come up with idea nor did any of the work. I was fresh out of school. He threatened me to get name on patent snd drove me out of Amgen. Today he is on Board of Directors of over 200 Biotech Companies worth $500M. Amgen got to markets... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Apr 2, 2020

I can't give you an exact answer to your question because I do not have all the information, but here is several points which you should consider.

(1) There is a difference between an ownership of a patent and an inventorship.

(2) An inventor is one who invented as least one of...
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Q: Iv learned to draft a patent, my patent is beautiful, I may need an attorney to assist in litigation.

I am the inventor of web cam covers of which I have a provisional application. I'm looking for an attorney to assist in possible litigation, an attorney of whom will take a contingency case. This has already been proved I have a rock solid case. Davison or invention land tried stealing my idea and... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Apr 2, 2020

Sorry, but there is very little chance of any attorney taking your case. For several reasons.

Firstly, just because you've filed a provisional application, does not mean that you have a patent. You need to file a regular application, prosecute it, and have the patent issue before you...
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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Can I use patent drawings from other companies' active patents commercially?

Can I for example print patents drawings on t-shirts and sell them even though it's not my patents and they're still active?

From what I find online it's ok as long as the drawing doesn't have a copyright notice.

Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 26, 2020

Not so fast.

Any creation has common rights copyright that benefits the creator of the product.

Check the patent office if they grant rights to others to use the patent drawings.

Most likely it is a limited right, to use the patent only for development purposes, such as...
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1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Q: Best way for me to go about finding out if there are any current patents or pending patents for my dry fly floatant?

Just not sure the best way to search before spending the time submitting a patent request and don’t have the funds to pay for anything if it is already patented.

Kevin E. Flynn
Kevin E. Flynn answered on Mar 25, 2020

Best starting place is to do some searching using Google Patents and the USPTO Search tools. My slide set at http://bit.ly/Patent_Searching has some useful tips.

Once you find one relevant patent on the topic, that one should lead you to other patents. Those patents will lead you to...
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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: What happens if I received my patent already and another person just received theirs but their filing date was earlier?
Kevin E. Flynn
Kevin E. Flynn answered on Mar 24, 2020

I used to work for a firm that defended the original Bell telephone patent court (long long before I was born). So I am well aware that improvements to a particular device such as a telephone may continue to come out for a hundred years or so. It is possible that your patent claims one set of... Read more »

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: Why is it not possible to maintain at the same time a patent and ensure non-disclosure of confidential information?
Kevin E. Flynn
Kevin E. Flynn answered on Mar 23, 2020

It is possible to go partway through the process with your proprietary information as a secret. However, if you let the patent application publish or you pay an issue fee to get a granted patent then your information becomes public knowledge. You have patent rights to protect the unauthorized use... Read more »

2 Answers | Asked in Patents (Intellectual Property) on
Q: I wish to patent a simple bandage that is not at all simple in its utility.
Kevin E. Flynn
Kevin E. Flynn answered on Mar 18, 2020

I suggest as a first step that you read some patents on bandages so that you can see the level of detail that is common and get a good feel for what sort of innovations have already been patented. \

My slide set on searching tricks may be helpful. http://bit.ly/Patent_Searching...
Read more »

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1 Answer | Asked in Family Law, Child Custody and Patents (Intellectual Property) for Oklahoma on
Q: My 16 year old son wants visitation with me and I'm not legally his father, only biological and the mother says no

I have a 16 year old son that has a different man on his birth certificate. I know he is mine but not on paper. I am regular in his life and help support him with things he needs. His mother won't let me see him all of a sudden but he wants to see me. What can we do? Can he just leave home and be... Read more »

Pete David Louden
Pete David Louden answered on Mar 14, 2020

I think your best bet is going to be to get the child's mother to agree to visitation. There is a very limited time window to challenge paternity, typically no more than two years. You can meet with an attorney for a consultation to discuss the specific facts of your case.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: When you file a patent in a jurisdiction, lets say US. But not in Canada. The prior art in US does not impact Canada

You have filed all your patents in the US. If you filed a patent in Canada, does the prior art in the US affect the prior art in Canada during examination?

Kevin E. Flynn
Kevin E. Flynn answered on Mar 14, 2020

With respect to a printed publication or a patent application, the impact is not limited by national borders.

There may be instances where the US laws on the one year grace period means somethings are not prior art in the US but are prior art in other countries (like a post by the...
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Q: My dad lived in P.Rico past away and and lift me his Property, but I'm in nyc what can I do
Benjamin Z. Katz
Benjamin Z. Katz answered on Mar 1, 2020

If he was a resident of Puerto Rico and left a Will, it will need to be probated in Puerto Rico. If he left it to you some other way there may be other ways to deal with it.

2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Looking to know if I violated a patent

I want to start a distribution of a product I manufacture out of the states and need to know if I dont violated some patents I found online that belong to a similar company such as mine

Kevin E. Flynn
Kevin E. Flynn answered on Feb 25, 2020

First Question is whether you will be doing anything in the United States.

If your clients are not taking delivery in the US and you are not making the product in the US, then you may not need to worry about a US patent.

On the other hand, looking for US patents is often a quick...
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