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Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for Arkansas on
Q: If my boyfriend is 16 and I’m 18 and his mom doesn’t want us to be together but he still wants to be can she do anything
Kevin E. Flynn
Kevin E. Flynn answered on Jul 29, 2021

You sent this question out to paTents (inventions). There is not a category for paRents.

You may want to repost this under family law.

Kevin E Flynn

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: I designed and made a luggage rack for motorcycles, that has tracks to accept Milwaukee Packout. Am I violating patents?

I hope to market and patent my design, but I’m unsure of my legal justifications (patents)

Peter D. Mlynek
Peter D. Mlynek answered on Jul 28, 2021

Unfortunately, no patent attorney can give you an answer (or even a guess) without doing the necessary searches and other legal work. Sorry, but you will need to reach out to a patent attorney.

You will need some sort of legal opinion. You have two broad options. Firstly, you can get a...
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1 Answer | Asked in Patents (Intellectual Property) for Georgia on
Q: What are the laws concerning marketing products from said patent without both inventors signing the other rights?

If one of the inventors listed on the patent has died. Are his rights transferable to his heirs or does the other listed inventor have sole marketing rights?

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

Patent rights start with the inventors. The rights can be moved in their entirety through a type of contract known as an assignment. Many inventors are paid to invent by their employers and assign their inventions over to their employer. Rights can also be given to use the invention through a... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: This is our grandfather and we are getting zero royalties from any of his patents.

Please ask in person or on the phone.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 25, 2021

Consult with an attorney.

It will depend if your grandfather licensed or assigned his rights.

Also patents expire, so if it was long time ago, it is natural that the royalties stopped.

1 Answer | Asked in Patents (Intellectual Property) for Wisconsin on
Q: If I was to patent a swimsuit with built in spandex what legal barriers would I need to overcome?
Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Jul 22, 2021

You have to make sure that your product is novel and non-obvious over similar products and that you are not infringing other patented swimsuits. You should consult a patent attorney.

3 Answers | Asked in Estate Planning and Patents (Intellectual Property) for North Carolina on
Q: My Father passed,how do I find out if there’s anything in he’s estate for my sister and I. Thank you
Kevin E. Flynn
Kevin E. Flynn answered on Jul 20, 2021

This question was presented to attorneys that work on patents (inventions). There is not a legal category for pa r ents.

You may want post this as a probate question as it may be possible that your father did not do estate planning and the default rules will be applied.

This is...
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1 Answer | Asked in Patents (Intellectual Property) for Louisiana on
Q: If there is one person as the inventor on a patent and is deceased are his children entitled to any royalties off of it

Let's say several of these items are sold and one of the inventors is deceased does his children entitled to receive any royalties then and as of now

Kevin E. Flynn
Kevin E. Flynn answered on Jul 20, 2021

I am sorry that your inventor/parent has died. I hope he lived a full life and left you with many fond memories.

If the inventor worked for an employer, the chances are good that the inventor/employee assigned rights over to the employer and is not entitled to royalties. (Just like if...
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1 Answer | Asked in Patents (Intellectual Property) and Trademark on
Q: Hi, what does it mean when someone has an patent on a product?

I am wondering if someone has an patent on a invention, if you can not use 1 part of the invention and make it your own style. Like other material, other design, and add material to make it a ' better' version in your own perspective.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 12, 2021

Depends

A patent may be made up of parts that belong to somebody else, so even if you use only a portion, somebody else may have rights you are infringing.

Further, you can patent an improvement, but you may be barred from using it because it contains IP that belongs to others....
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3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: How long is a "patent pending" status good for and what happens after this period ?
Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Jul 8, 2021

"Patent Pending " means that an application for a patent has been filed for the particular product, system or method with the United States Patent and Trademark Office (USPTO). The status "Patent Pending " ends with the final disposal of the application by the USPTO, which... Read more »

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Q: How can I find patents filed on my truck?

I have good reason to believe my truck was modified for patents

Omar Darwich
Omar Darwich answered on Jul 7, 2021

You could consult with an attorney.

To be clear you believe your truck had aftermarket parts installed in order to somehow get a patent on the truck?

Q: how to make sure that shoes I'm importing from China to Ontario Canada are not infringing any copyright-patent?

I am talking about shoes that neither have logo of a famous brand nor their design is similar to a famous brand. (but who can be 100% sure that some part of the design is not similar to some brand design out there?!)

how can I firstly avoid infringing copyright and secondly - if it happens... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 7, 2021

You need a legal strategy and you should consult with an attorney for sure.

For one, you could put in your contracts a clause that they guaranty the title to any intellectual property.

Best luck.

Q: What document should I use for my blog?

It would be great to have a document for guest writers, regular contributors, and anyone that submits anything to my site (written or media) to allow me and my website to publish their name and work on the site. What kind of document do I need? A consent form, an agreement, or something with a... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 5, 2021

You need a contract where they license or give you the rights to their content.

Consult with an attorney.

1 Answer | Asked in Patents (Intellectual Property), Consumer Law, Copyright and Products Liability for Utah on
Q: How to I find patents filed on work research and modifications done on my truck? Is there an application?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 3, 2021

Check google patents.

If the patent has not published or granted it won't be found.

Consult with an attorney.

3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: USE OF CANNABINOIDS IN THE TREATMENT OF INFLAMMATORY SKIN DISEASES GW pharmaceuticals Can I apply for a patent

I’ve developed a few process to extract cannabinoids from the cannabis plant and after reviewing GW patents am I able to apply for any patent concerning cannabis?

Thank you

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Jul 1, 2021

In general, processes for extracting cannabinoids are patentable. Having said that, you should hire a patent atto

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: if a design patent is registered and Active in the EU, can I go with selling the product in the US?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 1, 2021

Probably

Patents are georgraphically based.

However the design itself can be protected under copyright law, either registered or common law.

Consult with an attorney to assess your options and risks.

2 Answers | Asked in Patents (Intellectual Property) for California on
Q: I own a patent that was issued in June of 2011. I did not keep up with maintenance fees. What is my status now in 2021?
Bill Hulsey
Bill Hulsey answered on Jun 22, 2021

You can pay the maintenance fee, but there will be gap in protection.

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1 Answer | Asked in Copyright, Business Formation, Business Law and Patents (Intellectual Property) on
Q: below

Dear,

I am an Amazon seller. Before starting my business I have hired an advocate to investigate patent infringements in advance. There were 3 patents for a similar product, however, one of the patents have been founds that very similar to my product but still there is a difference between... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 21, 2021

You need to contact an attorney to evaluate your case.

In general Amazon does not arbitrate whether you are infringing or not a patent.

So your choices may be limited if you do not have a patent or license to your product.

Best luck.

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Why my patents or patent applications are not updated on time?
Kevin E. Flynn
Kevin E. Flynn answered on Jun 21, 2021

It is not clear what you are asking. Patents do not get updated. There is a maintenance fee that is paid three times during the life of the patent.

There is a process to correct errors in the issued patent but that usually results in a separate piece of paper called a Certificate of...
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2 Answers | Asked in Business Law and Patents (Intellectual Property) for Michigan on
Q: If a product has a similar purpose as another BUT it is a different design and material is a patent infringement?

My mother sews and saw a product a few years back that was neat - She thought it would work better with a different design and material - however it serves the same purpose - the other company that has a patent-pending on it contacted us today and I was curious where we can find the exact info on... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Jun 17, 2021

It is hard to say without specifics, but if there is an activity like sewing that has been around for thousands of years, and a company comes up with a new product to help workers perform the activity better, the company will likely patent the product, as well as a method of using that product.... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: D845064- is this just a lid patent? I see many cups with this same design.
Kevin E. Flynn
Kevin E. Flynn answered on Jun 15, 2021

Great question.

I looked at the patent. I agree, there is very little that strikes my eye as novel. Keep in mind that this is a design patent not the much more powerful but hard to get utility patent. This design patent does not preclude people from having a threaded top with a place for...
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