Patents Questions & Answers by State

Patents Questions & Answers

Q: How do u find out if someone has a patent on a wooded kite?

1 Answer | Asked in Copyright, Intellectual Property and Patents for Colorado on
Answered on Jun 17, 2018
Kevin Flynn's answer
The only way to know is to search. Even if you search you may have some small risk that a patent application is ahead of you in the pipeline but is not visible yet. However, searching is the commercially reasonable way to reduce your risk of running into a problem.

One strategy is to limit what you do to things in expired patents. That won't work for high tech but for some products where a solution from 20 years ago may be commercially viable today, that is safety. No one should be...
View Details »

Q: Can a foreign company file for a US patent?

2 Answers | Asked in Patents for Florida on
Answered on Jun 15, 2018
Kevin Flynn's answer
Yes. There is no requirement to be a United States citizen or a United States entity.
View Details »

Q: Dear Madame or Sir, is the Patent Patent number: 6089722 still running? Or is the period already expired? Monika Karl

1 Answer | Asked in Patents on
Answered on Jun 14, 2018
Kevin Flynn's answer
The best place to check is USPTO Public PAIR. If you go into that system, you can see that the patent no 6089722 for KALEIDOSCOPE FOR VIEWING MULTIPLE REFLECTIONS HAVING A SPECIFIC GEOMETRIC SHAPE expired in 2008 for failure to pay a maintenance fee.

I hope this helps.

Kevin E Flynn
View Details »

Q: CRM software company trying to charge extra $500-$1000 for me to export my customers' info when I cancelled the software

1 Answer | Asked in Consumer Law, Contracts, Business Law and Patents for Colorado on
Answered on Jun 13, 2018
Kevin Flynn's answer
I do not see a patent issue here. I hope you find an attorney with the right background to help you. Ideally, this would have been something you worked out before you populated the site with data that you need.

You may want to Google around to see if others have dealt with this issue or seek help from the folks that will provide the software solution to replace Agemni.
View Details »

Q: Why does Fidgetland Rizzle go to Shark Tank without a patent?

1 Answer | Asked in Patents for Michigan on
Answered on Jun 10, 2018
Peter D. Mlynek's answer
I've seen a few of the Shark Tank episodes, but unfortunately not one with a fidget toy. Let me try to answer as much as I can though.

As you know, for Sharks having a patent (or filed a patent application), is important for some products. But not for all products or companies.

There are generally two reasons why a company, any company, does not have a patent. Either the company cannot get a patent on the product that they are producing, and/or patents are not that...
View Details »

Q: How does Tangle Inc still have the patent for the tangle toy? I remember grew up having it as a toy in my childhood.

2 Answers | Asked in Copyright, Intellectual Property and Patents for Michigan on
Answered on Jun 10, 2018
Peter D. Mlynek's answer
This type of a question is fairly common. How can there be a patent on something that has already been in existence many years before the patent was ever filed?

The answer almost always is that the patent claims a product that is somehow improved over the old product. There is something in the claims that seems totally unimportant when you read the claim, that actually makes the new product patentable over the old. This improvement does not have to be very drastic or really all that...
View Details »

Q: How can I prevent a politician from using my child's photos for political endorsement and promos?

2 Answers | Asked in Copyright, Libel & Slander, Patents and Trademark for Georgia on
Answered on Jun 7, 2018
Jason Brooks' answer
Sounds like you need to the help of an attorney to send a formal cease and desist letter. Beyond that, your only recourse is to file a lawsuit for Misappropriation of Likeness.
View Details »

Q: Does a CIP application if granted make the parent patent redundant

2 Answers | Asked in Patents on
Answered on Jun 7, 2018
Kevin Flynn's answer
A CIP application is an application that includes a mix of an earlier application and some new material. So it is a Continuation-in-Part (part continuation of the old and part new).

The claims in a CIP case often focus on the new material. Frequently the claims that are issued are similar to the claims that were in the earlier patent. The USPTO has rules about double patenting and may require the CIP patent to expire no later than the expiration date of the earlier patent....
View Details »

Q: Are pokemon likenesses covered under their patent. For example may I use a creature that looks like a Squirtle.

1 Answer | Asked in Copyright and Patents for Louisiana on
Answered on Jun 5, 2018
Kevin Flynn's answer
Your question did not include a patent number. The first step of answering the question is to determine whether there is a patent that has issued and has not expired. You may want to do some searching using tips at my slide set http://bit.ly/Patent_Searching .

Generally the patent system is not used for images but design patents can cover the ornamental appearance of items including icons uses on computer or phone screens so I do not want to dismiss this out of hand.

Good...
View Details »

Q: I have a idea/ invention. I am a simple man no money. Can I just sell my idea streight to a company

2 Answers | Asked in Products Liability and Patents for California on
Answered on Jun 5, 2018
Kevin Flynn's answer
It is possible to sell an idea to a company but it is difficult without a patent or at least a patent application so that you have something to sell.

The company could seek a patent listing you as an inventor but it may be hard to get traction with them. Many companies will not talk to an inventor until there is a patent application on file as they use the patent application to define the scope of the non-disclosure non-use agreement.

You may want to seek some free advice on...
View Details »

Q: Does Patent number: 6565562 expire this year in September? Will Abbot be able to manufacture this device?

2 Answers | Asked in Patents for California on
Answered on Jun 4, 2018
Kevin Flynn's answer
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 try to make things fair, the rules have a number of layers.

Old rules were that patents...
View Details »

Q: Can I make a healthcare supplement based on NIcotinamide mononecleotide.

1 Answer | Asked in Patents on
Answered on Jun 4, 2018
Peter D. Mlynek's answer
I think that asking the question whether a formulation that you want to sell is already patented is excellent. Doing the search now will save you from problems later on.

You need to contact a patent attorney and he/she will be able to conduct a search through patent literature to determine the to your question.
View Details »

Q: Can someone patent copying an appearance found in nature? I want to challenge patent 20040168650

1 Answer | Asked in Patents on
Answered on Jun 4, 2018
Kevin Flynn's answer
20040168650 is not a patent. It is a published application. Not sure who told you that this was approved but they did not know what they were talking about. In 2006 there was a rejection of the pending application and the applicant did not respond. Thus, the application went abandoned and did not become a patent.

I hope this helps.

Kevin E Flynn
View Details »

Q: how to check in this site if anybody has cited my patents? is it possible to check here?

1 Answer | Asked in Patents for California on
Answered on Jun 4, 2018
Kevin Flynn's answer
See my searching tips on forward chaining in my slide set on patent searching -- http://bit.ly/Patent_Searching.

Google Patents shows the patents and applications that cite to a particular patent.

I hope this helps.

Kevin E Flynn
View Details »

Q: i was wondering if patent D772532 is filed in america only?

1 Answer | Asked in Patents on
Answered on Jun 4, 2018
Kevin Flynn's answer
This is not easy. Design patents are handled differently in different patent systems. In some systems such as the European Union, the design is registered not patented.

If the applications were filed on the same day and neither claimed the other for priority, then seeking related patents by priority claim won't work.

The only way to know for sure is to do some checking in the specific system you care about whether that is Canada, Australia, Europe, or somewhere else....
View Details »

Q: Hi, how can i see the pictures of these patents? Thanks

2 Answers | Asked in Patents on
Answered on Jun 1, 2018
Peter D. Mlynek's answer
You should be able to get the pdf of US patents easily in Google Patents ( https://patents.google.com/ ), or you can get it directly from the U.S. Patent Office ( http://patft.uspto.gov/netahtml/PTO/search-bool.html ).

Good luck!
View Details »

Q: Can I get the same layer as Charles J. Flynn because my inventions are similar as his but different enough and more effi

1 Answer | Asked in Patents for Wisconsin on
Answered on May 31, 2018
Kevin Flynn's answer
I do not know the specifics of what Charles J. Flynn invented (no relation). However, it is one of the quirks of patent law that a patent attorney working for a client in a specific area generally cannot help another client in that same area.

The patent attorney cannot help two different clients obtain patents that might be used against each other.

This is why patent attorneys ask for a non-proprietary short description of the type of good or service that a potential client...
View Details »

Q: Current status of Patent

1 Answer | Asked in Intellectual Property and Patents for Maryland on
Answered on May 30, 2018
Kevin Flynn's answer
PAIR shows this case as alive and the fees were paid at 3.5 years so next fee window opens 8/16/2018.

I hope this helps.

Kevin E Flynn
View Details »

Q: Hello, when do I need to renew my patent?

2 Answers | Asked in Copyright, Intellectual Property and Patents for Maryland on
Answered on May 28, 2018
John Espinosa's answer
Here is a helpful resource: https://www.uspto.gov/patents-maintaining-patent/maintain-your-patent
View Details »

Q: Want file for patent but not sure if my invention can be patented, what do I do? Can someone check my invention detail?

2 Answers | Asked in Patents on
Answered on May 28, 2018
Kevin Flynn's answer
It is hard to answer the question of whether something can be patented until you see all the details and make some searches of the prior art to see what aspects of the new design could be argued to be a non-obvious step over any reasonable combination of things that previously existed. This recombination would be done by a hypothetical person of ordinary skill in the art of designing items like you have created.

You will have a better understanding on whether to proceed to a more...
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.