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Patents (Intellectual Property) Questions & Answers
2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Indiana on
Q: How do I know if I need to patent an excel spreadsheet graph?

I just created a graph this afternoon around 1:00pm with my name and date in the bottom corner that really impressed my professor who is a doctor in medicine. After getting off the phone with my father, he suggested I reach out and see if this is something that I could patent. Is there any way... Read more »

Kathryn Perales
Kathryn Perales answered on Dec 4, 2020

A spreadsheet graph is not generally the kind of thing that can be patented. If you think it is truly new and innovative, I encourage you to consult privately with a patent attorney. Be prepared to explain it thoroughly, and keep in mind that your 1-year time limit for patenting already started... Read more »

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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: This company have copied my own invented, patented, Euipo reg design & copright & are selling on Amazon.com.au & others

Popetpop in Shenzhensi Kanghaoxingao

Peter D. Mlynek
Peter D. Mlynek answered on Dec 3, 2020

You should talk to the patent attorney who got you the patent on your invention.

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1 Answer | Asked in Patents (Intellectual Property) for North Carolina on
Q: If my interchangeable pin, that originally thought of myself has a snap, will that be unique enough?
Timothy John Billick
Timothy John Billick answered on Dec 2, 2020

I need more information before this question can be answered. Please consult with a patent attorney.

1 Answer | Asked in Patents (Intellectual Property) on
Q: RFID Minimalist Carbon Fiber wallet-many manufacturers and many sellers - I need patent help before sourcing to sell.

I have sourced this product from China - many OEM manufacturers who supply and sell these types of wallets on Amazon/ebay other platforms. I was advised by many suppliers that there is no issue to sell as they supply worldwide.

I have made some modifications to suppliers existing wallet -... Read more »

Timothy John Billick
Timothy John Billick answered on Dec 2, 2020

Don't listen to manufacturers for patent advice.

To determine if your wallet is patentable, please consult a patent attorney. This is a crowded field of art, so I would recommend a thorough search before filing for protection.

1 Answer | Asked in Patents (Intellectual Property) on
Q: can I obtain a patent for a software medical device application?
Timothy John Billick
Timothy John Billick answered on Dec 2, 2020

Yes this is possible. Consult with a patent attorney to ensure you claim "patentable subject matter," because software patents are often rejected on this basis unless you set up your application properly.

2 Answers | Asked in Copyright and Patents (Intellectual Property) for California on
Q: Does this language dissalow the usage of a two layer collapsible elastopolyer design in hexagon fashion?

"The pillow cushion has a first major surface, a second major surface, and deformable wall members extending between the first major surface and the second major surface. The deformable wall members are located and configured to define voids therebetween such that the deformable wall members... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Dec 2, 2020

I see that what you quoted has more than one period. It looks like you are quoting the abstract. That is not what you need to look at. You need to have a patent attorney review the issued claims and see what they require.

A claim may have 25 nouns and 25 verbs but by law has only one...
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1 Answer | Asked in Patents (Intellectual Property) for New Jersey on
Q: Is it possible to obtain a patent for a [NEVER SEEN] wooden portable toilet paper tissue holder.
Stephen Kontos
Stephen Kontos answered on Dec 2, 2020

Maybe. Patents are issued for inventions that are new, useful, and would not have been obvious. You may be able to secure a utility patent, a design patent, or both. A patent attorney can help you evaluate the likelihood of receiving meaningful patent protection during a private consultation. You... Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: Where might i find drawings listed in patents
Kevin E. Flynn
Kevin E. Flynn answered on Dec 1, 2020

I don't use the Justia site to search for patents so I am not familiar with that interface.

Once you have found patents, you can download a PDF with the images using the pat2pdf.org site.

You can also search for patents in a special part of Google....
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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: When a patent expires after 20 years and is assigned to another person or institution is it still in the public domain?

A patent for a technology I am looking at expired in August after 20 years and it says it was assigned to Bank of America. Does this mean Bank of America now owns the intellectual property or is the IP now open to the public? Would a licensing agreement with Bank of America be required to use this... Read more »

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Nov 26, 2020

Dear Ian,

The assignment of a patent to an assignee does not affect the term of a patent. In other words, if the patent is indeed expired, it is now in the public domain. You should make sure that the patent has expired.

Liliana Di Nola-Baron, J.D., Ph.D.

Attorney at Law...
Read more »

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3 Answers | Asked in Patents (Intellectual Property) for Indiana on
Q: I think I’ve discovered a new type of Calathea. My Calathea has mutated and reproduced with new patterns and colors.

What are my first steps to patent such a beautiful plant?

Peter D. Mlynek
Peter D. Mlynek answered on Nov 23, 2020

Congratulations on your new Calathea! I like those plants.

It may or may not be patentable (depending if you found it in nature or if you've bred it), but you have two options: hire a patent attorney, or do it yourself. If you've never done this before, then you really need to...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Kentucky on
Q: Can I patent a specific type of credit card?
Peter D. Mlynek
Peter D. Mlynek answered on Nov 23, 2020

Yes, you should be able to do that.

The technology with credit cards has evolved by using raised numbers, then magnetic strips, then chips, so if you come up with yet another advance in technology, you should be able to get a patent on that.

Or if you make a credit card that is...
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1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Tennessee on
Q: I've recently designed a toy but I'm not sure is a copyright what I need? I'd feel most comfortable filing myself, TN.

It's really just a modification I've made to stuffed animals, that started out as a game mechanic. I just really want to make sure that if someone manufactures it that they won't stop me from using the design. Making some money off of it wouldn't hurt either but it is secondary.

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Nov 18, 2020

You may want to consider protecting your toy with a patent, assuming your modifications to existing toys are novel and non-obvious. You will need a patent attorney to help you assessing the patentability of your toy and preparing and filing the patent application.

Please give me a call if...
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2 Answers | Asked in Patents (Intellectual Property) for Georgia on
Q: Is there a design patent for hand cuffs?
Kevin E. Flynn
Kevin E. Flynn answered on Nov 18, 2020

This is one of those searches that is best done on the USPTO site as you can specify the application type to narrow the search to design patents.

There are a number of design patents with "handcuff" in the title....
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2 Answers | Asked in Copyright, Products Liability and Patents (Intellectual Property) for Florida on
Q: How much does it cost to review a product we are producing for a client's promotional gift to avoid patent violation?
Kevin E. Flynn
Kevin E. Flynn answered on Nov 13, 2020

The costs vary but it can be expensive. This is called a freedom-to-operate or clearance opinion.

See == https://www.flynniplaw.com/services/legal-services/freedom-to-operate/opinions

The first step is that a freedom-to-operate search needs to be done for issued patents that have...
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1 Answer | Asked in Patents (Intellectual Property) and Probate for North Carolina on
Q: my dad pass on august 31 2020 he as 2 properties 1 with his wife bought in 1989 and he as 1 property he bought 1986 mom

with my mom he does not have a will

Ben Corcoran
Ben Corcoran answered on Nov 6, 2020

I am writing this presuming you are asking what happens to the properties now. I would have to read both deeds to form an opinion on the current ownership of the properties as well as know the status of your mother and your father's most recent wife.

Contact a local probate attorney...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: Will I be sued if my design was in some parts similar to an inventor design?

I develop a design from an invention and improve some parts, is it against the law if I sell my design. If it is against the law what can I do to make it legal?

Kevin E. Flynn
Kevin E. Flynn answered on Nov 5, 2020

Kudos to you for caring enough to work to avoid the legitimate patent rights of the owner of an existing patent.

To infringe a patent, there needs to be at least one claim where each element (noun, verb, relationship) is present in your product. A dependent claim adds elements to an...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: Hi; kindly ask for an Aerospace experiences lawyer recommendation.

Aircraft Interior related

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Oct 27, 2020

I just prepared a patent application for NASA.

Please contact me directly, thank you.

Liliana Di Nola-Baron, J.D., Ph.D.

Attorney at Law

Di Nola IP

Liliana@dinolaip.com

202-734-0253

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for Florida on
Q: I have a disclaimer. Can I stop some else from using the words on their website, logo/trademark outside the USA?

My trademark has all generic words I have a disclaimer for all the generic words on my trademark. however I have noticed a website using my trademark words on their website and company name as well as their domain have a couple words from my trademark. Can I stop them from using those generic words... Read more »

Tania Maria Williams
Tania Maria Williams answered on Oct 26, 2020

It depends on how the words are being used. Usually the disclaimer means that you do not have rights to that word outside of its use as part of your mark. Therefore, their use of the words depends on the similarity in the marks as a whole. With regard to stopping them, you may be able to send a... Read more »

3 Answers | Asked in Entertainment / Sports, Patents (Intellectual Property) and Trademark for New Jersey on
Q: I have a LLC for 'clothing'. Do I need an additional LLC to trademark the same name for 'Entertainment' purposes?

Do I need two separate LLC's. When filing trademark should it be under the LLC or me as individual?

Peter D. Mlynek
Peter D. Mlynek answered on Oct 25, 2020

No, you can one LLC for both your clothing line and your entertainment line.

However, you should get your federal trademark in two classes, one class for your clothing products, and one class for your entertainment products.

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3 Answers | Asked in Patents (Intellectual Property) for California on
Q: hello, would you help me understand this abstract?

A method for interpreting user submitted coupon images is described. A coupon image is received over a network from a user. The coupon image is associated with a coupon. A server system processes the received coupon image to identify one or more coupon matching characteristics. The one or more... Read more »

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Oct 22, 2020

The invention is about a method to electronically read coupons and match them with coupons stored in a database or send them to real persons to be matched if there is no match in the database.

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