Patents (Intellectual Property) Questions & Answers by State

Patents (Intellectual Property) Questions & Answers

Q: Which of these patents are on the vegetable cutting machines and is the period over?

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Answered on Aug 13, 2018
Kevin Flynn's answer
Your question as reproduced for attorneys to answer did not list the patents.

Let me give you the rules for patent term so you can answer the question yourself.

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 the term) It is the...

Q: This design patent he claims is unable to be finished and is flawed. Yet was still distributed. What can be done legally

1 Answer | Asked in Patents (Intellectual Property) for Oregon on
Answered on Aug 10, 2018
Peter D. Mlynek's answer
Please feel free to post your question in your native language, and we'll translate it as we see fit. This Google translation from your language is gibberish that makes no sense.

Q: Are there any types of inventions that can't be patented?

1 Answer | Asked in Patents (Intellectual Property) for California on
Answered on Aug 10, 2018
Peter D. Mlynek's answer
Yes. This happens all the time.

For example, if you invent something that already exists or was already published, then you cannot patent it because of 35 USC 102. Or, if you did not invent it, then you cannot patent it either.

Or, if you invent something that is obvious in view of something that already exists or was already published, then you cannot patent it under 35 USC 103.

Or, if you invent something that you did not disclose or you did not describe well enough...

Q: If somebody steals your intellectual property rights for patents documents can you still pursue the litigation?

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Answered on Aug 6, 2018
Kevin Flynn's answer
I am not sure that I have your precise question but let me take a guess.

FACT Pattern

I am guessing that you invented something and had some level of documentation of your development and proof of date of conception of that invention. That material is now largely gone.

RESULTS

You can still file for a patent. No one from the patent office will ask for documentation on the dates that you invented things. You will need to sign an oath under penalty of perjury...

Q: How do you find the value of a patent?

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Answered on Aug 4, 2018
Peter D. Mlynek's answer
The COST of getting a single US patent is several tens of thousands of US dollars. It could be as little as $10K, or as much as $50K+. It depends on many factors.

Now, the VALUE of a patent, once the US Patent Office grants it, is determined the same as the value of anything else. The value of a patent depends on the market; the value of a patent is somewhere between whatever the owner of the patent is willing to sell it for and whatever the purchaser is willing to buy it for. It...

Q: we haven't made any money from our patents but they have been selling our building how do i get compensated

1 Answer | Asked in Patents (Intellectual Property) for North Carolina on
Answered on Aug 3, 2018
Kevin Flynn's answer
If someone is selling items in the US that fall within the claim of one or more issued claims in an unexpired patent, then you can sue in federal court for patent infringement.

If it is a utility patent you can seek reasonable royalties. If it is a design patent, then you can sue for disgorgement of profits made from selling infringing goods. There are other damage remedies too.

This is very fact specific and does not lend itself to online Q&A boards. You need to consult...

Q: How long does it normally take for the patent office to review a patent?

2 Answers | Asked in Patents (Intellectual Property) for Florida on
Answered on Aug 3, 2018
Kevin Flynn's answer
Congress has asked the USPTO examiners provide a first substantive review (Office Acton) within 14 months. If they do not do so, the patent owner can be awarded extra days at the end of the patent life to compensate for the slow response. This is called Patent Term Adjustment (PTA). Some patent applications receive a first substantive review 3 to 5 years after filing depending on the queue for the specific group of examiners handling that particular type of patent.

Frequently, the...

Q: This is Michael Tallen need to talk to lawyer about above patent.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Oregon on
Answered on Jul 27, 2018
Peter D. Mlynek's answer
I sent a message to your LinkedIn account. If you want to talk, please give me a call.

Q: Would it violate the patent if similar concept was used to design wedge anchorage for FRP plates instead of tendons?

1 Answer | Asked in Patents (Intellectual Property) on
Answered on Jul 27, 2018
Peter D. Mlynek's answer
It does not matter. That patent expired in August 2008, so you can copy anything in the patent that you want. :)

Q: Why would the patents show up on google and not on the uspto.gov website?

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Answered on Jul 27, 2018
Peter D. Mlynek's answer
Typically, it is the other way around. It appears to take several months for US patents to show up on Google, whereas patents show up on UPSTO the day that they are issued.

But some foreign patents do not show up on USPTO's site, but Google may have them on their site.

Overall, my experience with Google patents is pretty positive. It still has ways to improve, but I think that most laypeople would much prefer Google to USPTO.gov.

Q: What intellectual property rights I have as an inventor, if my company who has filed a patent makes me redundant?

1 Answer | Asked in Patents (Intellectual Property) on
Answered on Jul 26, 2018
Peter D. Mlynek's answer
Sorry to hear that you have been made redundant. That sucks.

Regarding your question: this is a very frequent question. Unfortunately, if you worked for a company, and a part of your job was to do things that may be patentable, then it is very likely that the company is the patent applicant and would be the owner of the patent if the application ever issues. It is their patent application, and they can do with it whatever they want, even if you object to it. Sorry.

Can...

Q: Is this patent still valid?

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Answered on Jul 25, 2018
Peter D. Mlynek's answer
To check if all the fees have been paid, go to https://fees.uspto.gov/MaintenanceFees .

Under certain circumstances you can pay maintenance fees in expired patents to reinstate the patents. See, https://www.uspto.gov/web/offices/pac/mpep/s2590.html

Q: I would like to know if patent agent ROBERT VON HECK is still alive and available for business.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Arizona on
Answered on Jul 25, 2018
Peter D. Mlynek's answer
I don't know, but he is no longer listed as a patent agent or a patent attorney on the USPTO's Office of Enrollment and DIscipline's website. https://oedci.uspto.gov/OEDCI/practitionerSearchEntry

This would indicate that he is no longer available for business.

Q: What is the first thing to do after being awarded a patent, getting it to market

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Answered on Jul 24, 2018
Kevin Flynn's answer
Wow -- there are a hundred things and you need not wait until you have your patent issued to start on them. You can start on some activities by reaching out to vendors using a Non-Disclosure Agreement before filing the patent application. The toughest issue for many entrepreneurs is working out a sales channel and a business plan. Are you going to sell online? Are you going to get a major store or catalog to carry your product?

In each state, there is a group run by the local...

Q: Regenerative sustainable organic gardening technique..can this be patented?

1 Answer | Asked in Patents (Intellectual Property) for Oregon on
Answered on Jul 23, 2018
Peter D. Mlynek's answer
That certainly could be patentable.

One problem that you will encounter is whether the gardening technique is actually really new. Gardening has been about for millennia, practiced by billions of people, so it is likely that someone has thought about the same thing as you have.

Another problem that you should think about is a practical one: if you do patent your technique, will you be able to enforce it? I mean, is your technique such that it would be easily discovered by...

Q: Are my father (xxx) inventions presented by my sister always patented ? Thks

2 Answers | Asked in Patents (Intellectual Property) on
Answered on Jul 21, 2018
Kevin Flynn's answer
I believe that you are asking when does a patent expire (if ever)?

PATENT TERM

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 the term) It is the same for dishwasher patents or patents on an ultrasound machine. Unfortunately, to...

Q: What kind of rights would I need so nobody can duplicate my idea or what I’m want to do.

1 Answer | Asked in Patents (Intellectual Property) and Trademark for California on
Answered on Jul 19, 2018
Peter D. Mlynek's answer
This is going to be a bit tricky since you are in California. The reason is that California has a law about the Right of Publicity (Calif. Civil Code 3344), which prevents a person from appropriating for his/her own advantage another person's name or likeness. This is somewhat unique to California, due to the strong movie and entertainment industry presence in the state.

You will need a California lawyer to help you with this.

Q: To whom it may concern, I have a question regarding the Patent with the serial number "87540402".

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Answered on Jul 16, 2018
Kevin Flynn's answer
I am not finding a US application with that serial number. You may want to try the Patent Number or the Publication Number to see if that helps.

Sorry I could not be more help.

Kevin

Q: I am an Heir Apparent to Land Patents in Orange County Florida where Reedy Creek Improvement Districts is working.

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Answered on Jul 16, 2018
Terrence H Thorgaard's answer
No, in general you as "heir apparent" don't have choate rights to the land until the present owner has died.

A patent, in this context, would be equivalent to a deed, but from the federal government. As I understand your question, title is still held by the BLM (the US government). Is this, perhaps, some sort if native American tribal land?

Q: I have a question on this new patent. D822147

1 Answer | Asked in Patents (Intellectual Property) for California on
Answered on Jul 15, 2018
Peter D. Mlynek's answer
So, what is your question?

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