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Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) on
Q: How to file patent for mathematical theoretical invention
Stephen Kontos
Stephen Kontos answered on Sep 18, 2020

Like all abstract ideas, mathematical formulas are not eligible for patenting in the United States. If you invented a product that uses the mathematical formula, it might be eligible for patenting so long as you can meet additional legal thresholds. My recommendation is to consult with a patent... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: When there are 2 entities under Assignee, for example "X, Y" Can X use the patent independently from Y or needs agrment
Stephen Kontos
Stephen Kontos answered on Sep 18, 2020

It depends on the agreement between the entities. Unfortunately, there's no way to know what each entity is permitted to do based on the text printed on the first page of the patent. For example, if the patent was sold, the Assignees listed on the front page would not be updated to reflect the... Read more »

2 Answers | Asked in Patents (Intellectual Property) on
Q: What is the difference between inventor and assignee in terms of rights with a patent
Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Sep 17, 2020

Ownership.

The inventor is the original "owner" of the patent application/patent unless or until the inventor "assigns" (sells, gives, etc.) his or her rights in the patent to an assignee. Except for some unusual situations, the inventor listed on a patent never...
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1 Answer | Asked in Copyright and Patents (Intellectual Property) for Ohio on
Q: Copyright infringement and Patents

If I design a device similar to Patent number: 9033760 but not a direct copy and is a DIY project. Where the purchaser receives 3d files to 3d print the pieces and assemble the system themselves.

Kevin E. Flynn
Kevin E. Flynn answered on Sep 16, 2020

Let's assume that what you send in your files allows users to use 3D printers to create all the pieces needed to make what is in claim 1 of the cited patent.

1. An interchangeable, modular display system for miniature models used in wargaming, comprising:

a display panel...
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1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: is patent # 6530731expired? if not when does it? Thank you
Stephen Kontos
Stephen Kontos answered on Sep 16, 2020

Google Patents shows that the patent you indicated has not expired. The expiration date shown in Google Patents may or may not be accurate. Confirming the expiration date will require some investigation. You should consult with a patent lawyer to be sure.

Also, keep in mind that there are...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: Are Justia Patents different then USTPO and if they are different, in what regard are they different? officially etc.
Kevin E. Flynn
Kevin E. Flynn answered on Sep 15, 2020

Justia does not grant patents. Justia, like Google and other sites, provides ways for people to look at United States patents.

Each search tool will have some advantages and some disadvantages compared to other search tools. I have not used the Justia tool. The Google tool and the...
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1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Probate for Pennsylvania on
Q: Disposition of valuable patents following death of inventor no probate filed-how to proceed-discover commercial uses?

Need advice re Highly valuable international energy saving patents authored by recently deceased inventor and assigned to small Pa. company in which I hold shares and from which I am owed $.

No will or probate action I can find. Death in early 2020. Processes now being used by Morton... Read more »

Michael Cherewka
Michael Cherewka answered on Sep 14, 2020

There are a lot of unknown facts in your question/scenario which require review of existing documents ( the Company documents -Bylaws or Operating Agreement / Buy-sell / your loans to Company) (the Assignment of patent rights) and possibly some research regarding registration of the patents and the... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Oregon on
Q: Have an idea for an athletic footwear design that I believe is unique and functional. Has it been patented?

How much should I plan on spending to learn if this idea is, in fact, unique? Whom should I contact? Patent attorneys? How much money should I anticipate spending to create a patent as to protect my idea before I present it to major manufacturers?

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Sep 12, 2020

A patent attorney can do a patentability search to determine if your fotware is novel and non-obvious. If the search shows that your footware design is novel, the patent attorney should prepare and file a patent application for your invention. Once the application is filed, you may talk to... Read more »

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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: Can I patent a similar product that’s on the market that has a different feature that makes it unique??
Kevin E. Flynn
Kevin E. Flynn answered on Sep 9, 2020

Yes you can. The telephone was first patented more than 100 years ago and people are still patenting improvements.

It is important to distinguish between patentability (the ability to get a new patent) and freedom-to-operate (the ability to make and sell your product in light of earlier...
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Q: I have an organizing system that would complement box legend clothes organizer. I would like to sell the idea.

I would like to sell the idea to the patent owner of box legend clothes organizer.

Kevin E. Flynn
Kevin E. Flynn answered on Sep 7, 2020

Congratulations on having a good idea. You may be able to make and sell this as an aftermarket enhancement for installed systems. That is one route and a route that does not require buy-in from the BoxLegend folks. You may wish to obtain a patent so that others do not make a similar product.... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: Are the drawings in a patent also public domain when a patent is expired, or is there a copyright attached limiting use?

I'd like to print and sell drawings from expired patents as art pieces. Is this legal?

Kathryn Perales
Kathryn Perales answered on Sep 3, 2020

Drawings included in a published patent application are in the public domain, under long standing US law. In the unlikely event that a copyright notice is included on the patent drawing in the patent application, you should look twice. But, in most cases you can do whatever you want with... Read more »

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1 Answer | Asked in DUI / DWI, Gov & Administrative Law and Patents (Intellectual Property) for Tennessee on
Q: According to court system and my MVR I HAVE COMPLETED ALL REQUIREMENTS REPORT STATES DL privilege Reinstated 2.19.20

Ppl at dmv will not allow me to take test, without interlocking device. Last conviction 9.15.11 no where it shows this is required. Judge n commissioner say I’m clear n go test???

Anthony M. Avery
Anthony M. Avery answered on Sep 3, 2020

Not sure of your problem. But you need to try to get the License at another DOS facility. Otherwise you will need a very competent, and expensive, attorney to file an administrative action. That action could take at least a year, prior to appeals. Getting a blow meter for a little while... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: THis company Simple Wishes seems to have patents on a pumping/nursing bra, yet so many companies make these??

I just don't understand how they can have a patent for something that multiple other companies make and sell?

Kevin E. Flynn
Kevin E. Flynn answered on Sep 3, 2020

Many companies have patents on aspects of how a laptop computer works. Many companies make laptops. Some have licenses from other companies to use certain patents.

Frequently a patent covers claims for a particular improvement to a product. That patent issues and only those with legal...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: Hi team,Is there a difference between a patent with Amazon of a patent in the USA? Are they 2 different patents?

I own a patent in New Zealand. I want to own a patent in China and USA and UK. I want to sell via Amazon as a seller. I'm of the understanding that Amazon can arrange a patent for me BUT I remain confused as to whether this is a 'special patent for Amazon's own platform' OR... Read more »

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Sep 2, 2020

When did you file your patent application in New Zealand? If it is less than one year ago, you can file a Patent Cooperation Treaty application, and from there national stages in the United States and China. You should file on your own and not let Amazon appropriate your intellectual property... Read more »

Q: What type of lawyer(s) do I need?

Hello there,

I am designing a skin product which will require taking sand/minerals from overseas beaches and bringing it into Australia. My lawyer will also need extensive knowledge of product/testing laws. What type of lawyer(s) do I need?

Thank you kindly.

Tim Akpinar
Tim Akpinar answered on Sep 1, 2020

You might want to speak to several different types of lawyers. If you intent to operate as an entity other than a sole individual, you could speak to a business formation attorney as to what types of corporate structures are available. You could look into what types of attorneys handle legal issues... Read more »

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Wisconsin on
Q: Is the Audubon Bird images in public domain?
Kathryn Perales
Kathryn Perales answered on Aug 31, 2020

The original paintings by John James Audubon are old enough that they are in the public domain. Any other photos or paintings or drawings, however, which may be available through the Audubon Society, may not be in the public domain.

2 Answers | Asked in Patents (Intellectual Property) on
Q: What bacteria/ organisms can be patented and what does this legally imply?

Is it possible to patent a living thing, that exists in nature, or is it only possible to patent a new organism created in a lab that otherwise wouldn't exist?

And does that mean no one is allowed to reproduce this organism without the permission of its owner, or do other rules apply?... Read more »

Charles Edwin Runyan
Charles Edwin Runyan answered on Aug 31, 2020

Short answer: you must be the inventor to file and get a patent application and you must file within a reasonable amount of time after inventing it (you cannot have concealed the invention, blah, blah). So, if it exists in nature, your not the inventor.

Now, there are patents for purified...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: where can I search patents

I want to check if anyone has already patented something I designed. I'm not sure if it it falls under patent or industrial design. Can I check in both places?

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Aug 28, 2020

You may start from Google Patents. You can also search on the United States Patent and Trademark Office website and the European Patent Office website.

Please contact me if you have any additional questions.

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Q: Is it legal that Facebook are the Assignee of a patent that I'm his inventor, and I never gave my permission to them?

I used to work in a start-up that was bought by Facebook, but I didn't continue working there after the company was merged into Facebook, I refused to their relocation offer, and I never gave my permission for any IP I created in the start-up to be used by them. Now, Years after, I see that... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 27, 2020

This question cannot be answered properly here on Justia because the facts are to thin. Suggest you contact a patent attorney and pay them to advise you.

2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: My feet dry, flaking, itching. Store items don't work. I made my own with household products. It works. Can I patent it

It's a foot cream.

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Aug 25, 2020

You will need a patent attorney to run a patentability search on your foot cream. If your cream is novel, then the patent attorney can prepare and file the patent application for you with the United States Patent and Trademark Office.

Please call me if you wish to receive more information.

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