Patents (Intellectual Property) Questions & Answers by State

Patents (Intellectual Property) Questions & Answers

Q: Am I able to assign patents in a will?

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Answered on Oct 19, 2018
Kevin Flynn's answer
I do not see why not. A patent is a piece of property and moves with much of the same rules. The USPTO system for recording ownership has a selection for letters testamentary which is a document issued by a probate court to an executor. See https://epas.uspto.gov/

This is really a trust and estates question rather than a patent question.

I hope this helps.

Kevin E Flynn

Q: how can I find out if Gibson still has a patent on a GA-79RVT guitar amplifier made in 1961

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Tennessee on
Answered on Oct 17, 2018
Kevin Flynn's answer
It would be highly unusual for something that came out in 1961 to still have a patent as patent term back then was 17 years from issue. However, if for some reason they battled for decades to get a patent out, then a patent application filed back then could come out tomorrow and have a term of 17 years. These are known as submarine patents as they stay submerged in the patent office for many years.

I would bet this is not the case. But to check -- you can do two things. One is to...

Q: Provisional patent Jeld Wen /Masonite could be interested in. lawyers available in this field to negotiate?

1 Answer | Asked in Patents (Intellectual Property) for Maryland on
Answered on Oct 15, 2018
Kevin Flynn's answer
If you really think you have something that would be worth licensing, then you should find the money to get a non-provisional patent application written and filed. I would suggest filing it with a Track One request and the relevant fee (which may be as low as $1000) in order to get a first Office Action in a few months. Your ability to license this will be markedly different once you have a notice of allowance or an actual issued patent versus a mere provisional filing.

You should...

Q: What patents are best to protect a pillow design?

1 Answer | Asked in Patents (Intellectual Property) for New York on
Answered on Oct 14, 2018
Kevin Flynn's answer
If you have come up with a pillow that is different in operation from other pillows (it has a better way to vent so that it stays cool) or you have come up with a way to make pillows that is less expensive, then you can consider a utility patent.

Assuming that you have the first pillow in the shape of a heart and you do not want others to sell pillows that have the same ornamental design as your heart-shaped pillow, then you can seek a design patent. A design patent is very limited...

Q: I'm a hobbyist and have an idea to create something

1 Answer | Asked in Patents (Intellectual Property) for California on
Answered on Oct 12, 2018
Kevin Flynn's answer
Generally yes. For example, if you created an accessory that could be used with a patented mountain bike, you could sell that accessory even though it is used with a patented product.

What you cannot do is make a mountain bike from scratch that has your accessory as you do not have rights to the underlying patents on the mountain bike. But if you are buying the underlying product (the mountain bike in this example) then you can modify the product.

I hope this helps....

Q: Reviewing patent 8536527 of Decisions. It refers some drawings

1 Answer | Asked in Patents (Intellectual Property) on
Answered on Oct 9, 2018
Kevin Flynn's answer
I am not sure what system you are using, but http://www.pat2pdf.org/ should be able to give you a PDF of the issued patent complete with figures.

I hope this helps.

Kevin E Flynn

Q: We are seeking an attorney for infringement on our Patent.

1 Answer | Asked in Patents (Intellectual Property) for California on
Answered on Oct 8, 2018
Peter D. Mlynek's answer
Sorry, but you don't have a patent. That patent publication has been abandoned over 4 years ago. You may want to reach out to the patent attorney who prosecuted it to see if there is anything that could be done to revive it.

The best that you could hope for is to see if the infringer infringed on your patent US 7,886,464 (which issued on the parent patent application), and file a lawsuit for infringing that patent.

Also, you or your patent lawyer should have paid the...

Q: What more can I do with this Patent? Everyone is so impressed with this idea and really believes in it.

2 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Consumer Law on
Answered on Oct 5, 2018
Andrew Zulieve Esq's answer
You might also consider approaching beverage manufacturers, although I would be cautious about that and obtain the advice and assistance of an intellectual property attorney before doing so.

Q: how many patents do laser beams (for eye correction, tattoo removal, etc.) have?

2 Answers | Asked in Patents (Intellectual Property) for Maryland on
Answered on Oct 5, 2018
Peter D. Mlynek's answer
Over 130 thousand. Yes, there are a lot of patents that claim lasers or the use of lasers.

Q: If I were to make an app/webpage that used the left and right swipe method could I be sued?

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Illinois on
Answered on Oct 3, 2018
Kevin Flynn's answer
Your question is a patent question not a copyright question. What you are asking is whether there is any patent where you plan to operate that would cover left and right swipe. This is known as a freedom-to-operate question. In other words do you have freedom to operate as you plan or is there someone with patent rights that could sue you if you acted in this way. See https://www.flynniplaw.com/services/legal-services/freedom-to-operate/opinions

This is a serious question and...

Q: If I performed majority of the work for a patent, but my name is excluded in the list of inventors. What can I do?

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Answered on Oct 3, 2018
Kevin Flynn's answer
First, the concept of being an inventor is not directly related to the percentage of work by the various members on the team. I have filed patents where team members that did much of the modeling, documentation, testing, and even optimizing of a design did not get named as a co-inventor as they did not contribute a specific idea that was captured in one of the claims in the claim set we filed.

Second, the concept of being an inventor when properly understood is dynamic. So a person...

Q: William Holub, inventor of patent # 5681475, passed away 10 years ago. Can his widow receive compensation.

1 Answer | Asked in Patents (Intellectual Property) for Maryland on
Answered on Oct 2, 2018
Kevin Flynn's answer
There is not a process for the United States Patent Office to provide compensation to widows of patent inventors.

Patent US5681475 was filed back in 1995 and is listed as expired. So unless there was an agreement with an assignee of the patent to share money with the inventors that has not been fulfilled, I do not see a way of obtaining compensation.

Once can obtain the assignment document at https://assignment.uspto.gov/patent/index.html#/patent/search but it is possible...

Q: Good afternoon. Please let me know which patent is related to the scanners unit known as P2U + P50. Thank you

1 Answer | Asked in Patents (Intellectual Property) on
Answered on Sep 27, 2018
Peter D. Mlynek's answer
Take a look at one of the scanner units. Someplace on it should be a little tag with patent numbers, or a URL. If that fails, take a look at the packaging materials for that information. If that fails, then go to the Leica Geosystems website and look for the information there.

Good luck.

Q: If my ideas are connected, to I file one patent for them or separate ones?

2 Answers | Asked in Patents (Intellectual Property) for Florida on
Answered on Sep 26, 2018
Peter D. Mlynek's answer
If you have two inventions, then you will need to have two patents. If you have one invention, but it has several different flavors of the invention, then you can just file one patent application. Due to the costs, it is obviously beneficial to have everything in one patent application.

How do you know if you have one invention or two? It is sometimes difficult to tell. Normally, you would file everything in one application, and the first thing that the Patent Examiner does is to...

Q: What is a utility patent?

2 Answers | Asked in Patents (Intellectual Property) for Tennessee on
Answered on Sep 26, 2018
Peter D. Mlynek's answer
It is just another name for a regular patent (i.e., not a design patent or a plant patent, both of which are rare).

Q: Facility for manufacturing multilayered composite tubes Patent No.: 6748992, Can nobody else produce these tubes now.

1 Answer | Asked in Patents (Intellectual Property) on
Answered on Sep 26, 2018
Peter D. Mlynek's answer
It looks like the maintenance fees have been paid, so the patent is likely enforceable. You may want to wait until the patent expires, or take a license.

Q: My legal name changed. Is it possible to make this change in my published patents ?

2 Answers | Asked in Patents (Intellectual Property) for Utah on
Answered on Sep 21, 2018
Kevin Flynn's answer
I am posting the answer here in case others have the same question. I am not aware of a way to update the name of an inventor on an issued patent. It does not seem to be a good fit for a certificate of correction as there was not an error to correct.

To the extent that you are an assignee of the patent rights, then I assume you can record a name change in the assignment database which will then show the updated name of the assignee in USPTO PAIR and eventually in Google Patents....

Q: Does this patent prevent me from designing a reversible razor that changes the razor gap, not the blade angle?

1 Answer | Asked in Patents (Intellectual Property) for California on
Answered on Sep 20, 2018
Kevin Flynn's answer
Sorry, the question as passed on to attorneys does not include the patent number. The answer to the question is based on what is in the issued claims. Not the title, not the drawings, not the specification, not the initial set of requested claims but only what is in the issued claims.

I hope this helps.

Kevin E Flynn

Q: This patent is regarding the internet of thing and do you deem current internet of things implementation infringing on

1 Answer | Asked in Patents (Intellectual Property) for Virginia on
Answered on Sep 20, 2018
Peter D. Mlynek's answer
That publication number is a publication of Application No. 10/470,403, which was abandoned. This application never matured into a patent, so there cannot be any infringement of it.

Q: Am I infringing on a patent?

2 Answers | Asked in Patents (Intellectual Property) for Missouri on
Answered on Sep 19, 2018
Kevin Flynn's answer
I do not know whether the puck that you modify and resell infringes their patent. I do not know whether their patent is valid or expired.

However, to answer one of your questions -- Under 35 USC Section 271 (a)

(a) Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes...

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