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Patents (Intellectual Property) Questions & Answers
Q: If there was a youtuber whom read poetry from other poets and got paid for it, could he/she be sued?

They aren't passing off the content (poems) as their own. They are just reading it in a ASMR fashion to make money.

Linda Liang
Linda Liang answered on May 4, 2021

What is copyright infringement? As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. Since you use the poem in a way that you are making... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: Does Hartwall have a patent for the striped design of their cans?

Hartwall Long Drink designs

Peter D. Mlynek
Peter D. Mlynek answered on May 2, 2021

I do not know, but it is almost guaranteed that any company that supplies its products around the globe would have some sort of a protection on its products. Please do not copy it for your line of beverages without checking with your intellectual property attorney.

1 Answer | Asked in Business Law, Copyright and Patents (Intellectual Property) for Tennessee on
Q: Have an e-commerce c2c idea. Is it possible to patent the “idea”? Think poshmark but for a niche not out there yet.
Peter D. Mlynek
Peter D. Mlynek answered on Apr 30, 2021

Sorry, but you cannot patent a mere idea. You need to have an actual invention.

Once you do have the invention (see your patent attorney what the difference between an invention and a mere idea is), then you need to figure out how you are going to make money on it. That is the hard part.

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Has Dr. foci conducted himself in an unethical manner by receiving patents on medical inventions?

Fuci...sorry for misspelling

Kevin E. Flynn
Kevin E. Flynn answered on Apr 27, 2021

I have seen this sort of question floating around. It is based on a misperception on how patents work. Lots of people get named on a patent as an inventor as that is required by the US Constitution. But that does not mean that the person owns the patent or gets any profits from the patent.... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: I have owned a nonprofit organization since 2007 and I recently found a way to create a Digital 3D Business Cards.

Now my nonprofit organization I've owned since 2007 the name of it is Hurley paranormal out of West Texas and her leaving my last name as a trademark but with these new business cards made 3D and digital is there anyway I can get a patent on that or is they already done this

Peter D. Mlynek
Peter D. Mlynek answered on Apr 26, 2021

Yes, if it your digital 3D business cards are novel and non-obvious then you should be able to get a patent on it.

If you have not disclosed your invention publicly before you apply for a patent, then you should be able to get a patent anywhere in the world. If you have disclosed it but...
Read more »

1 Answer | Asked in Patents (Intellectual Property) for Kentucky on
Q: I had one of these ideas for a long time. How much does a lawyer cost to help with a patent?

I have wanted to get patents but feel I couldn't afford it. What should I expect in the process of contacting a patent attorney and the cost?

Peter D. Mlynek
Peter D. Mlynek answered on Apr 25, 2021

A patent is a business tool. Just like a rice milling machine, or a tractor trailer truck, or a deep ocean trawler, or a customer list. It is just a tool.

What I ask people who are interested in getting a patent is whether they have a plan on how to monetize the patent that I could get...
Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: If I know the patent number, how do I find out who licensed a patent, for how much, and when?
Peter D. Mlynek
Peter D. Mlynek answered on Apr 25, 2021

Sorry, but you can't. Licensing terms, such as financials, are typically highly confidential.

The best that you can do is to find out whether the patent has been assigned to someone. Such assignments are typically recorded at the Patent Office.

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Patent disclosure filed at Sperry Defense (SDE 86), infringed then ID'ed in TRAK product later. What is recourse?

1. SDE #86: Enhanced Tc of Alumina Substrate Utilizing Beryllia Embedding.

2. ~1983

3. Identified in Trak Lobby display, ~2001

Peter D. Mlynek
Peter D. Mlynek answered on Apr 25, 2021

There is no recourse. Sorry, but this is ancient history, and any rights that you might have had have long lapsed.

1 Answer | Asked in Patents (Intellectual Property) for Ohio on
Q: Is there a conviction for felonious assault in a felony murder B prosecution?

When the trial court instructs the jury "before you can find the defendant guilty of murder under this theory you must find the defendant committed the offense of felonious assault, which is knowingly causing serious physical harm?"

Kevin E. Flynn
Kevin E. Flynn answered on Apr 13, 2021

I do not know what happened but your question has been sent out to patent attorneys. Most patent attorney focus on helping businesses and inventors obtain patents and will not have the information you seek.

I suggest that you repost your question to go to criminal law attorneys.

1 Answer | Asked in Patents (Intellectual Property) on
Q: I would like to know what patents are under the name of Dearman Systems LCC or tas.net or unity
Kevin E. Flynn
Kevin E. Flynn answered on Apr 13, 2021

The ownership of a patent can change over time. The patent when it is issued can show the current assignee. However, the patent as issued does not get reprinted when the patent is assigned to another owner.

There is a USPTO database where patent owners can register the assignments and...
Read more »

1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: I need to find out if my father an grandparents left me an my siblings any land in Puerto Rican I was told they did

My mom told use we have a land but since my dad an grandparents pass away I'm not sure how to go about find out

Kevin E. Flynn
Kevin E. Flynn answered on Apr 9, 2021

Your question was posted as a patent (invention) question for Pennsylvania. You won't find any good answers there. You need to ask the question again and say that your question is for "real estate law" for the US Territory of Puerto Rico (the territories are listed after the... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: how do you reinstate an old patent?
Peter D. Mlynek
Peter D. Mlynek answered on Apr 7, 2021

You can't reinstate old patent. Here is the idea behind patents: the inventor discloses his invention to the public, and in turn the public (via the government) allows the inventor to keep others from making or using his invention for a limited time. After the limited time expires,... Read more »

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
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... Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: Question about infringing on patents

https://patents.justia.com/assignee/future-motion-inc

I'm looking to build my own self-stabilizing skateboard (one wheel). Do I infringe on future motion's patents by doing so? I'm gonna develop the technology myself, although the premises will be similar to those of the... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Apr 3, 2021

I am pleased that you care about avoiding the patent rights of others. However, the short answer is that there is no way to give you a useful answer in this forum. This question requires that someone with the right skills look in great detail at what has been claimed and what you propose to do.... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: How do I retrieve my late fathers patent?

My father signed over his patent to the corporation that bought him out 20 years ago. That company is now defunct ,anyway I can salvage it?

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 3, 2021

Consult with an attorney for legal advice

Most likely the patent has expired and now is public domain

Best luck

Marcos

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: What would the legal processes and costs be if we develop very similar tech to patent #20210022609?

Our tech uses similar electronics to patent #20210022609, with the addition of piezoelectric power supply. This is our first experience of IP law as a start-up so I would be grateful for a run-through of the legal processes required.

-Would be possible to develop similar tech for market... Read more »

Bill Hulsey
Bill Hulsey answered on Mar 31, 2021

The US Patent & Trademark Office website (www.uspto.gov)provides guidance along these lines. If you desire more specific guidance, please let us know. I wish you great success in this endeavor.

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2 Answers | Asked in Patents (Intellectual Property) on
Q: how to get patent number for our instrument?

we have made few modifications in NA fixator to make it easy and effective to use as distractor for closed IL nailing of femur and tibia and want to get its patent number but dont know the procedure, pl guide

Bill Hulsey
Bill Hulsey answered on Mar 31, 2021

The US Patent & Trademark Office website provides resources for this question. If you desire more specific guidance, please let us know. I wish you the best in achieving your desired protection.

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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: Is Hydra-Bore available to name a new product. Product is mounted on a Power Booster(tm) jets flow opposite direction.

External jets face opposite direction operated with water. Used on sludges 2 clean & for hydro excavation.

Peter D. Mlynek
Peter D. Mlynek answered on Mar 30, 2021

No attorney on this site is going to give you a definite answer to any specific legal question, but "Hydra-Bore" does not appear to be listed as a federal trademark. So that is the good news.

You have to be careful though. If the new product is something that the name suggests,...
Read more »

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1 Answer | Asked in Business Formation and Patents (Intellectual Property) for Texas on
Q: can i sell my own smart mirror?
Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Mar 30, 2021

Is your smart mirror your invention or did you just make small modifications to an existing product? If you made some modifications to an existing product, is that product patented? If so, it is best to consult an attorney, who can review the patented product, and advise you on whether your... Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: I have development a music teaching system in a private school which is completely unique. Can I patent that? thanks

It's a week by week learning course.

Joshua Adam Davis
Joshua Adam Davis answered on Mar 26, 2021

It's possible that the teaching or learning methods, course materials, or other aspects of your project are patentable. Various aspects of may also be protectible under copyright laws. Another issue to consider is whether your employer or others may have rights in any intellectual property... Read more »

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