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Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) on
Q: i have an invention idea that worked what do i do now ?
Kevin E. Flynn
Kevin E. Flynn answered on Mar 5, 2021

Depending on whether you want to commercialize this invention (sell it to others) you may have a lot of things to do. You may want to create an estimate on the size of the market and the likely costs to make your product.

But at bare minimum, you will need to consider whether you should...
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1 Answer | Asked in Patents (Intellectual Property) for Oregon on
Q: how long is a chemical etching patents?

For example, what is the duration of a patent 10640679

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

Patent term is more confusing than it should be. The one part that is simple, is that patent term is not a function of the technology. There is not a way for the applicant to apply to extend the patent term (unlike trademarks or copyrights). (but as noted below, there are things that can shorten... Read more »

2 Answers | Asked in Real Estate Law, Legal Malpractice and Patents (Intellectual Property) for Louisiana on
Q: If I purchased a house for me and my deceased wife can her children take me to court and take my house
Kevin E. Flynn
Kevin E. Flynn answered on Feb 28, 2021

This was listed as Patents Intellectual Property. That is what I do and this is not a question I can help you with. Perhaps you should add Family Law and Probate.

Good Luck.

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1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: I want to make patented bee protecting mushroom extracts (patent of Paul Stamets). Are they still active? Can I use it?

Specific mushroom extracts: reishi, amadou, and chaga. I don't understand how someone can stop others from selling a natural product.

Carl Massey Jr
Carl Massey Jr answered on Feb 26, 2021

A number of U.S. patents relating to this subject matter appear under the name Paul Stamets. Several are relatively newly issued and will be active for some time. One thing to realize is that the patent only provides an exclusive right (right to sue for infringement) for what is within the scope... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: My father in law is going to be admitted to a state run retirement home by adult protective services of tx. No will

His wife passed away before Christmas and has dementia. He lives in Texas and we live in Florida. He has no will. My husband is the only child of his. They said when he is released from the hospital that he will be sent to the state run nursing home. Then at that time his home will be locked... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Feb 23, 2021

You need an answer from someone that knows. Your question was posted to patents (inventions). You need to seek someone in Texas with knowledge of elder law and related topics.

Good luck.

Kevin E Flynn

1 Answer | Asked in Patents (Intellectual Property) on
Q: Is there a patent for fashion removable sleeves details?

I have been making some dressy add on sleeves and I am trying to find out if the idea has already been patented

Kevin E. Flynn
Kevin E. Flynn answered on Feb 22, 2021

Here is one piece of the puzzle.

In the US, you need to file a patent application within one year of

A) your first sale of the item

B) your first public disclosure -- including posts to social media

C) your first public use.

A patent attorney will be able...
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1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: When filing a Provisional Patent Application or Patent and the application builds on or supersedes a patent that has

lapsed due to non-payment of fees or failure to respond to the patent office, does the new filing have to answer claims made by previous, lapsed patents? Is the new filing beholding to the lapsed patents in any way?

Kathryn Perales
Kathryn Perales answered on Feb 18, 2021

If a patent or patent application has been abandoned, then you don't have to worry about infringing it - nothing you do now would infringe. If the abandonment happened recently, you'll want to figure out whether the applicant still has a chance to revive or appeal, and keep an eye on it.... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Colorado on
Q: If there is a baby bottle design on the market, would I be infringing if I designed a water bottle similarly?

Obviously different use... but similar body shape.

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Feb 17, 2021

A patent attorney can help you determine if the product on the market is patented and, if so, if the patent is still valid or it has expired. Even if the patent is still valid, there may be some differences between your product and the product on the market, so that you would not be at risk of... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Connecticut on
Q: If a U.S. Patent is granted after first being filed as a Provisional Patent, does the U.S. Patent expire on its grant...

...date or 20 years after the Provisional Patent's file date?

Kevin E. Flynn
Kevin E. Flynn answered on Feb 17, 2021

Assuming all maintenance fees are paid and there is not a terminal disclaimer linking the end date to another patent, then the termination date is 20 years after the first non-provisional application in the family plus any bonus days extending the term through Patent Term Adjustment (PTA).... Read more »

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Texas on
Q: I want to create and patent a license plate trim. How do I do that?
Peter D. Mlynek
Peter D. Mlynek answered on Feb 15, 2021

You need to contact a patent attorney to get this done.

You most likely have two options depending what aspect of the license plate trim you are trying to protect. If you are trying to get coverage for the ornamental design of the trim, then you'll likely need a design patent. If you...
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1 Answer | Asked in Contracts, Copyright, Patents (Intellectual Property) and Trademark for New Jersey on
Q: I have a pillow Design that describes similar to the "neck pillow "but my description and purpose are slightly different

Do I require a patent, and or would I' be infringing on neck pillow patent. & can my design and purpose be protected as an IP 2B sold or licensed out?

Peter D. Mlynek
Peter D. Mlynek answered on Feb 15, 2021

Whether you infringe and whether you need a patent are two different subjects.

With regards to infringing of a patent of another product you need to see a patent attorney, who will provide you with a non-infringement opinion. The patent attorney will take a look at your product and at the...
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1 Answer | Asked in Patents (Intellectual Property) for Arizona on
Q: What is the lashify patent? Trying to start a lash business but want to adhere to their patent.
Peter D. Mlynek
Peter D. Mlynek answered on Feb 11, 2021

Congratulations on starting a new business!

As you know, there are many legal hurdles that you need to deal with, including registering the business name, incorporation, zoning, health, hours of operations, employment, taxes, etc. You are to be commended that you are concerned about...
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1 Answer | Asked in Patents (Intellectual Property) for Mississippi on
Q: Hello I have some general questions about possible ownership of land patents. How does one go about finding out more ?

Biggest concern is how does one know if they are entitled. My last name references many land patents in MS.

Peter D. Mlynek
Peter D. Mlynek answered on Feb 11, 2021

I am sorry, but patents in intellectual property deal with inventions, and not land patents. You are going to have to ask your question in the real estate group.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Is a basic IDEA of an expired/abondoned patent also be considered as an infringement? Irrespective of product's design ?

For example: Do A small wifi enabled physical gadget having 3 buttons for calling emergency services.

Infringes my IDEA of a simple similar gadget of a single button used to call 911?

Peter D. Mlynek
Peter D. Mlynek answered on Feb 11, 2021

The basic idea behind the patent scheme is to advance the progress of the society. An inventor discloses his invention to the society for the benefit of the society, and in turn, the government grants a benefit to the inventor: a patent, which allows the inventor to keep others from practicing the... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Can I patent a simple single wearable button that calls 911

I have conducted a detailed search and found out that my button do not infringes any existing design patents but the idea is already present with different designs. Almost all the patents currently present related to my Idea/product are of the same idea but the design is different for example there... Read more »

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Feb 10, 2021

You should have an attorney do a comprehensive patentability search. An expired patent disclosing a product very similar to yours can be used by an examiner as a basis for rejecting your invention as lacking novelty and/or being an obvious modification of the patented product.

Please let...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: where can i get patents only for toyota cars ?

I am writing my thesis and would like to know where I can find patents for Toyota vehicles

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

The USPTO search site allows you to use search fields including assignee. This won't pick up a patent that was later assigned or licensed to Toyota but this will get you started.... Read more »

Q: Can I file for a patent to improve a product on the market?
Kevin E. Flynn
Kevin E. Flynn answered on Feb 6, 2021

Yes you can. However, depending on whether your improved product falls within the original patent you may need a license to the original patent to sell a product. If your improvement is a kit to upgrade the original product then you may be ok. Lots of details and nuances. Best bet is to talk... Read more »

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3 Answers | Asked in Patents (Intellectual Property) on
Q: I want to patent an orthopedic implant

I am an orthopedic surgeon in Jammu, India and I want to patent an orthopedic implant, an external fixator and I would like to seek your guidance to proceed further.

Kevin E. Flynn
Kevin E. Flynn answered on Feb 4, 2021

1) I do not know of India has any technology export rules that would impinge on your ability to work directly with a US patent attorney. Best to check that with your business attorney.

2) There are differences between the US practice and the practice outside of the US in that the US is one...
Read more »

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2 Answers | Asked in Products Liability and Patents (Intellectual Property) for Tennessee on
Q: If i stole a floor jack from someone and i take it to a pawn shop and sell it to them and the owner of the jack gets

The jack back and they get me for theft what will happen in court

Anthony M. Avery
Anthony M. Avery answered on Feb 3, 2021

Depending on the value of the jack, it could be a misdemeanor or a felony charge for Theft Of Property. Hire a competent attorney to represent you. Restitution may need to be made despite the recovery. You want to get it Diverted, Dismissed and Expunged. Otherwise it will affect you for life.

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1 Answer | Asked in Patents (Intellectual Property) for Ohio on
Q: Does a signed consent form for a book that includes interviews hold up in court?

I am writing a book where I would like to include interviews and stories from participants. I have a consent form written that clearly states that participants will not receive any type of compensation for their participation. If they sign this form (therefore agreeing to the terms in it,) would... Read more »

Hunter G. Cavell
Hunter G. Cavell answered on Feb 2, 2021

You are asking two questions here. One is can they sue, and the other is will they win? A consent will not stop somebody from suing, and you would need to prove that they signed the consent to use the affirmative defense. If you are worried about it I would make it clear in a recorded interview to... Read more »

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