Patents (Intellectual Property) Questions & Answers by State

Patents (Intellectual Property) Questions & Answers

Q: Should I check the box claiming small entity status if claiming micro entity status on the patent application data sheet

1 Answer | Asked in Patents (Intellectual Property) for Kentucky on
Answered on Feb 16, 2019
Kevin E. Flynn's answer
I checked the small entity box on one of the first micro entity submissions I made as part of being a micro entity is that you qualify as a small entity. That confused people at the USPTO.

So if you are going to pay small entity fees, check small entity. If you are going to pay micro entity fees and submit the income forms for each applicant and for your company if the idea will be assigned, then do not check the small entity boxes.

If you found this answer helpful, you may...

Q: Hello, I don't see Digirad patent # 5,677,539, date of patent Oct. 14, 1997

1 Answer | Asked in Patents (Intellectual Property) for California on
Answered on Feb 15, 2019
Peter D. Mlynek's answer
Try: https://patents.justia.com/patent/5677539

Q: Can you patent an idea?

1 Answer | Asked in Patents (Intellectual Property) for California on
Answered on Feb 13, 2019
Kevin E. Flynn's answer
I think you need to look at actual patents that have been issued for apps. The Supreme Court does not like mere efforts to organize human behavior with a marketplace or other app to modify human behavior. You need to show that what you did would impress an engineer that makes apps.

http://bit.ly/Patent_Searching will get you started.

You need to patent specific ways of making equipment do something of value. General concepts of what you may want to accomplish are generally...

Q: How can I get a patent history: who both it. I need to know who is the actual owner of the patent: US D740,361 S

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Answered on Feb 7, 2019
Kevin E. Flynn's answer
The patent history would be available from USPTO Public PAIR. This would be the activity during the application for the patent and any responses from the patent examiner for this design patent application.

If all you want is the recorded assignment history, you can go to a separate database maintained by the USPTO

https://assignment.uspto.gov/patent/index.html#/patent/search/resultAbstract?id=D740361&type=patNum

If you found this answer helpful, you may want to look...

Q: if i am making dress shirts for people with parkinsons and other challenges, are all shirts covered by this patent of ma

2 Answers | Asked in Patents (Intellectual Property) for New York on
Answered on Feb 6, 2019
Kevin E. Flynn's answer
Your question as passed on to lawyers was garbled. So I am guessing at what you asked.

It is hard to believe that there is a non-expired patent that covers using a magnet to close portions of a shirt. The good news is that I am not aware of any synonyms to the word "magnet" or "magnetic" so patent searching should be fruitful. You may want to look at my patent searching tips in

http://bit.ly/Patent_Searching.

If you found this answer helpful, you may want to...

Q: Can a wired twist headband be patented?

1 Answer | Asked in Patents (Intellectual Property) on
Answered on Feb 6, 2019
Griffin Klema's answer
Hard to say without more information. It doesn't sound eligible for utility protection, but it's hard to know for sure without more information. You might also be able to protect it with a design patent, but again there is too little information to say with any certainty.

Q: Patent number: D823477

1 Answer | Asked in Patents (Intellectual Property) on
Answered on Feb 6, 2019
Griffin Klema's answer
Short answer: A license. Contact the patent owner to find out if they're interested in either licensing the patent to you, selling it to you, or you can become a distributor or retailer if they already have the product available. Good luck!

Q: I'm looking for the contact details of this patent lawyer / law firm in Russia - SANDIGURSKY Oleg Lvovich

1 Answer | Asked in Patents (Intellectual Property) on
Answered on Feb 5, 2019
Peter D. Mlynek's answer
Try:

САНДИГУРСКИЙ Олег Львович

192212 Санкт-Петербург,

ул. Будапештская д. 19, корп. 2, кв. 68

Q: How do I terminate my parental rights in the state of GA? I have 2 children from Ex wife!

3 Answers | Asked in Family Law, Intellectual Property and Patents (Intellectual Property) for Georgia on
Answered on Feb 5, 2019
Ellaretha Coleman's answer
You are not likely to be able to terminate your parental rights under these circumstances. Termination of parental rights is only permitted in limited circumstances. Generally, only voluntarily when there is another parent willing to step into the biological parent's place in a step-parent adoption.

Q: Hello, how much would cost me to file anti cancer drug ?

2 Answers | Asked in Copyright and Patents (Intellectual Property) for New York on
Answered on Feb 5, 2019
Peter D. Mlynek's answer
To file a patent in the US will cost you $730, regardless of what the subject matter is.

How much will it cost you to get patent protection for an anti-cancer drug is a totally different question. As you know, cancer is the number 2 killer of people in most of the world, and will be #1 within a few years as we successfully battle heart disease. Cancer costs the society about $80 B / year in the US alone. Given that an anti-cancer drug may make you $10K to $100K per year per patient...

Q: Job search platforms - Patent information

2 Answers | Asked in Patents (Intellectual Property) on
Answered on Feb 4, 2019
Peter D. Mlynek's answer
Yes, Josh, there are plenty of patents on methods for databases searches, such as searching records in a specific employment field. You need to work closely with a patent attorney to guide you through this minefield.

Good luck!

Q: Is a patent possible in this circumstance

2 Answers | Asked in Patents (Intellectual Property) for Florida on
Answered on Feb 3, 2019
Kevin E. Flynn's answer
Using your example with respect to a golf bag. If the sole difference was that you used off-the shelf sheets of flexible bamboo leather substitute and made a bag from that -- then you would have a hard time getting a utility patent. Substituting one product for another where the modifications to the process were fairly routine is not enough to get a patent.

You might be able to get a patent for the ornamental appearance of the golf bag but that would be more like protecting a...

Q: hello I am wondering if I have a patentable process I am using a similar process to patent #9726971 but using a uv ink

2 Answers | Asked in Patents (Intellectual Property) for Virginia on
Answered on Jan 31, 2019
Kevin E. Flynn's answer
The question is whether those of skill in the art looking at Pat. No. 9,726,971 and everything previously known in all public writings in all languages from the beginning of time would consider your modification of the process in 9726971 to be a non-obvious modification. Notice that the pool of information is not just patents but trade magazines, textbooks, product specs for the UV inks, etc.

If people of skill in the art know that you can substitute a UV ink and it will have the...

Q: I have many ideas but I don’t know the process of getting a prototype or a product

1 Answer | Asked in Patents (Intellectual Property) for North Carolina on
Answered on Jan 29, 2019
Kevin E. Flynn's answer
Mr. Thomas,

This is hard. I know some firms that help flesh out ideas and make prototypes. The engineers often become co-inventors but they will assign the patent rights over to the client that is paying them. Good folks normally have a range of things that they do and they are not the answer for every possible inventor. So I do not know enough to make a suggestion. Some firms specialize in medical devices. Some firms work with control systems. Some work with consumer goods....

Q: my name is spelled with a typo in a patent. How do I fix that?

3 Answers | Asked in Patents (Intellectual Property) for Massachusetts on
Answered on Jan 24, 2019
Kevin E. Flynn's answer
Rajesh,

This is surprisingly difficult to fix as you signed the original oath on July 7, 2003 as Rajesh Vaidheswarra. Most likely this was the spelling used throughout the process.

Ideally, you would have corrected this problem in July of 2003. Now the USPTO believes there is an inventor with that name and it will take some steps to change this. The assignee of the patent will need to handle this and they may need signatures from the other co-inventors.

The fix may...

Q: What are the first steps in protecting a concept for/of a new business? Does it involve patents or copyright?

1 Answer | Asked in Business Formation, Copyright, Intellectual Property and Patents (Intellectual Property) for Wisconsin on
Answered on Jan 23, 2019
Kevin E. Flynn's answer
Might not be a patent. The Supreme Court has recently made it fairly difficult to patent a method of organizing human activity. See the documents used to train patent examiners -- https://www.uspto.gov/patent/laws-and-regulations/examination-policy/subject-matter-eligibility On the other hand, if you find that you need to modify the off-the-shelf components to make your business work, you might be in position where a patent makes sense.

To approach this from a high level, here are...

Q: Hello, do product patents cover all similar designs or just the design of the patented item?

1 Answer | Asked in Patents (Intellectual Property) for California on
Answered on Jan 23, 2019
Kevin E. Flynn's answer
The focus needs to be on the patent claims. Not the title of the patent. Not the drawings. Not the abstract. Not the details in the specification. You cannot make something that has all the nouns, verbs, and other requirements that exist in an independent claim in a patent. Some claims are dependent claims that reference another claim and add another limitation. To infringe a dependent claim you have to infringe an independent claim and have the details of the dependent claim too....

Q: I am looking for a patent attorney to research and file a design patent.

1 Answer | Asked in Patents (Intellectual Property) for California on
Answered on Jan 23, 2019
Kevin E. Flynn's answer
First, you are lucky as there are far fewer patent attorneys than attorneys as a patent attorney needs two different things, a bar license from a state and a patent registration from the United States Patent and Trademark Office. But, you can pick a patent attorney from anywhere in the country. You may want to ask your trusted general business attorney for a recommendation. Most of my new clients come from a referral from their attorney.

Another way to attack this is to look at some...

Q: Looking for a pro bono lawyer to assist me with patent questions regarding an algorithm and technology we are building.

1 Answer | Asked in Copyright and Patents (Intellectual Property) for New York on
Answered on Jan 22, 2019
Peter D. Mlynek's answer
I am sorry, but you are going to have a tough time finding someone good to do pro bono work in patent law. Unless you are a church, a non-profit group, or some charitable organization, pro bono patent work is pretty much non-existent. The reason is that unlike in criminal law, patents are a business tool designed to make money -- if you are not willing to invest your money in order to get advice to make you money, why should the lawyer?

If you want free advice, then most patent...

Q: I want to patent a bandage with properties not on the market. Do I begin with a professional patent search?

1 Answer | Asked in Patents (Intellectual Property) for Georgia on
Answered on Jan 19, 2019
Peter D. Mlynek's answer
I am glad that you are worried about coordinating the prototyping and patenting, before you bring your product to your patients and to the market. I’ve been working with a client for the past almost 2 years on getting a Class I medical device in the WOC field onto the market; I obviously can’t tell you how far along we are at this, but here are a couple of observations:

(1) With regards to patents, there are two questions to ask: Can you protect your invention with a patent? and...

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