Lawyers, Answer Questions  & Get Points Log In
Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Q: My name is cody I need a patent lawyer to claim what's rightfully mine which is the webcam cover patent

I noticed the dates were all wrong and the patent was not even granted but the product was all over I submited my idea to the uspto hours after it was granted iv sense been trying to contact them

Peter D. Mlynek
Peter D. Mlynek answered on Dec 7, 2019

I think that many patent litigators would be happy to talk to you or to your company's agent about the other party stealing your invention or infringing your patent.

Your first step should be to have your in-house lawyers find and interview several possible litigators. Once you get the...
Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: There are many folding locks like this one, why was this patent granted? Or are lots of people paying a license?

Ah, specifically referring to patent: D835967

Peter D. Mlynek
Peter D. Mlynek answered on Dec 6, 2019

That is a design patent. Design patents are generally very narrow. Therefore, a manufacturer is able to make a folding bike locks that is similar to the one in this patent without infringing this patent.

1 Answer | Asked in Patents (Intellectual Property) on
Q: Hi, do patents labeled as WIPO PCT patents, the patent is registered in all WIPO countries?

The question should read: Do patents labeled as WIPO PCT patents, mean the patent is registered in all WIPO countries?

Peter D. Mlynek
Peter D. Mlynek answered on Dec 6, 2019

No. There is no PCT patent that is enforceable. The WIPO simply publishes PCT patent applications. After the submission of the application, the applicant has to decide in which countries they want to get patents in, and then file and prosecute the applications in the selected countries.

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for Minnesota on
Q: had an invention that was seen on the internet recently...took a while but finally saw the invention or one similar...

need to know what can be done to help me on this situation...

Peter D. Mlynek
Peter D. Mlynek answered on Dec 6, 2019

This happens, unfortunately, all the time.

If you have a patent on your invention, then go see a patent litigator to give you options on how to get some sort of licensing agreement of your patent in place, or to file a suit.

Good luck!

1 Answer | Asked in Patents (Intellectual Property) for Iowa on
Q: I want to design a motor powered by only magnet movement. How could one go about making a patent for my specific design?

I am not highly trained in this region but I think I can make it work. I made my own design for a motor creating electricity by means of magnets moving other magnets. I want to find out how I could claim my design so it can't be replicated.

Peter D. Mlynek
Peter D. Mlynek answered on Dec 6, 2019

I am not sure that I understand your idea. Most electric motors operate through the interaction between the motor's magnetic field and electric current in a wire winding to generate force in the form of rotation of a shaft.

Nonetheless, once you finish your invention, hire a patent...
Read more »

1 Answer | Asked in Patents (Intellectual Property) for Colorado on
Q: If you have a patent shouldn't the inventors get part of the financial proceeds from the worlwide sales and profits
Peter D. Mlynek
Peter D. Mlynek answered on Dec 5, 2019

Well, the patent owner gets a limited monopoly for a limited time, from which the patent owner can profit.

But what you are likely asking is what a lot of scientists, engineers, and other employees of large companies are asking: "I worked hard, invented this product that is being sold all...
Read more »

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Hi, Grant here. Thank you for your time. I am asking if Permethrin or N-MethylPyrrolidone are still under patent.
Kevin E. Flynn
Kevin E. Flynn answered on Nov 22, 2019

I do not know. But I do know that entrepreneurs can do their own searching using Google Patents, and other tools hosted by patent systems. I teach entrepreneurs how to use these tools effectively using these slides http://bit.ly/Patent_Searching . I hope this helps.

Kevin E Flynn

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Is the patent on the locking system or the way it fixes to the support bar? Or on the actual design of the bag?

I’m confused as to the patent. So anything that locks to a cross member with a combination lock in a portable bag form? Would be patent infringement?

Robert Philip Cogan
Robert Philip Cogan answered on Nov 19, 2019

It would help to know the number of the patent you are talking about.

If this is important to you, consult an attorney.

Providing detailed legal advice goes far beyond the scope of Ask a Lawyer.

1 Answer | Asked in Patents (Intellectual Property) on
Q: We would like to identify how we can come in contact with the patent holder and whether we can license/purchase it
Kevin E. Flynn
Kevin E. Flynn answered on Nov 16, 2019

The United States Patent and Trademark Office maintains a database of who owns the patents. https://assignment.uspto.gov/patent/index.html#/patent/search You can look up who is listed as owning the patent of interest. The contact information may not have been updated since the ownership moved... Read more »

1 Answer | Asked in Family Law, Child Custody and Patents (Intellectual Property) for Ohio on
Q: my girlfriend is 17 and her dad is trying to put her i jail can he do that?

her mom and dad are in a custody battle and her father is upset that she doesn't want to be with him anymore so he wants to punish her by sending her to jail can he do that? without good reasoning?

Joseph Jaap
Joseph Jaap answered on Nov 14, 2019

If she is deemed "unruly" and fails to follow the court-ordered custody, she could go to juvenile detention.

2 Answers | Asked in Copyright and Patents (Intellectual Property) on
Q: does this patent apply globally? are there any exceptions?
Kevin E. Flynn
Kevin E. Flynn answered on Nov 13, 2019

Your question did not provide the specific patent number but I can answer anyways. There is not a global patent. Patents are issues by a country (or in rare instances a region) and only apply to actions in that location.

A United States Patent Applies to the United States.

A...
Read more »

View More Answers

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Hi, can I check who has purchased a patent from an inventor?

I am dealing with an unscrupulous inventor who tries to sell his software patent. He tries to sell it with development done by a 3rd party. That 3rd party has already confirmed to me they are not interested in working on it, because the inventor is ineligible. Also, I was hired by the inventor to... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Nov 12, 2019

Once the patent issues or a patent application is published, then you should be able to see details in the assignment database at https://assignment.uspto.gov/patent/index.html#/patent/search . You will also be able to see the relevant information in Public PAIR once you know the application... Read more »

2 Answers | Asked in Estate Planning and Patents (Intellectual Property) for Michigan on
Q: Where can I obtain a quick deed to redo paperwork for my house
Trent Harris
Trent Harris answered on Nov 12, 2019

My advice would be for you to contact a real estate attorney in your area. Deeds are legal documents which, if not drafted correctly, can result in problems in the chain of title and can affect your ability to get financing for your property, or your ability to sell or convey the property later.... Read more »

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Is the claim for a cooling and heating product under patent??

For example the Icy-hot product..if I make another natural based product that cools and then heats the skin with all organic ingredients is it legal to manufacture and get a patent?

Robert Philip Cogan
Robert Philip Cogan answered on Nov 3, 2019

See https://www.uspto.gov/patents-getting-started/general-information-concerning-patents

2 Answers | Asked in Copyright and Patents (Intellectual Property) for Kansas on
Q: Can i incorporate the use if one patent (ie toy ) as primary subject in another patent if outcome provides new service

Move object from point A to point B using a patented toy to made life easier

Kevin E. Flynn
Kevin E. Flynn answered on Oct 29, 2019

Many patented processes use patented components in the process. Sometimes the company seeking the patent on the process owns the patents on the tools or components used in the process, sometimes they do not. It does not matter.

That said, your own idea will need to meet the test of being...
Read more »

View More Answers

2 Answers | Asked in Copyright and Patents (Intellectual Property) for Ohio on
Q: How do i find out if someone has a patent on an idea

I worked for a company that had many non-disclosure agreements

Enrico Schaefer
Enrico Schaefer answered on Oct 24, 2019

Hi. Good question. You have to do a prior art search. Not an easy thing to do, often containing two levels. First is a outsourced company doing the prior art search. Second, a patent attorney analyzing and providing opinions on the prior art.

View More Answers

2 Answers | Asked in Patents (Intellectual Property) for California on
Q: Can I get a patent on a liquid soap with a unique composition of chemicals?

The chemicals themselves are not unique, just the combination.

Robert Philip Cogan
Robert Philip Cogan answered on Oct 23, 2019

To merit a patent, the combination must be non-obious. There should be some synergy in the combination. Sometimes a combination may be considered obvious if each component works in a well-known way. A patent attorney may be able to see synergy where the inventor may not. This is because the legal... Read more »

View More Answers

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Florida on
Q: Does Victor Staats still own these patents?
Peter D. Mlynek
Peter D. Mlynek answered on Oct 23, 2019

I don't know which patents you are referring to, but my cursory search shows that there are about 5 patents that list Victor Staats as the inventor. 4 of these have expired due to their age, and 1 expired because a maintenance fee was not paid. There are no enforceable patents for Victor Staats... Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: Hello, how can i get patent, on my invention? What details need -- or "blueprints"? thank you for help
Peter D. Mlynek
Peter D. Mlynek answered on Oct 23, 2019

The way to get a patent on your invention is to go find a patent attorney who will be able to prepare a patent application on your invention, and to negotiate with the Patent Office on your behalf.

1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Q: How do I obtain a patent for a tool I invented? Its a mechanics tools?

I have requested the services of a patent company, but was warned by an attorney to check into it myself.

Kevin E. Flynn
Kevin E. Flynn answered on Oct 21, 2019

It is at least possible that there is a patent services firm that is worth the money so I won't say that all are bad. However, that group of companies has a horrible reputation.

There are a number of invention promotion firms that take money from inventors and provide little or no value...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.