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Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for New York on
Q: Hello, I would like to know if its possible to claim a inanimate object such as air?

Even though you can't physically see air, it is composed of several components that it's created from such as nitrogen and oxygen.

Steven Fairchild
Steven Fairchild answered on Jan 22, 2020

You cannot claim something natural. It has to be manmade.

You can claim a machine or device that uses air. For instance, a hot air balloon.

2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: can i use a patented tool?

I have a brand and I want to put out a product called the universal socket. I just found out there's a patent on this product, but could I still use it? Do I have to pay in order to use the patent?

Steven Fairchild
Steven Fairchild answered on Jan 22, 2020

Short answer - it depends.

As a patent attorney, I would want to look at what actually is claimed in the patent vis-a-vis your product.

But if it's a case of clear infringement, it might be best to ask the patentee for a license.

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1 Answer | Asked in Patents (Intellectual Property) for Alaska on
Q: I'm researching existing prior art (using Google Patents), & I've been having a hard time with the "Application Events."

Here's an example:

2006-09-19: Application granted

2020-01-15: Application status is Expired - Fee Related

2024-05-04: Adjusted expiration

My question is re: the last two lines. Is the expiration truly now 2024, not 2020? I'm just not sure how those fields are... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jan 15, 2020

Google is not the definitive record. If you have anything that looks odd, you need to go to the official record which is accessible by https://portal.uspto.gov/pair/PublicPair

I hope that this helps.

Kevin E Flynn

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Louisiana on
Q: I'm looking into starting up a mobile home roofing business and was wondering if there were any patents on permaroofs?

Specifically any patents on permaroofs under the last name Black or Southern Builders out of El Dorado, Arkansas. Also there is Southern Builders out of Lebanon, Tennessee.

Kevin E. Flynn
Kevin E. Flynn answered on Jan 14, 2020

There is a place to register patent assignments at the USPTO just like you register title to a piece of property. Not everyone does this but most people do and there are incentives to register assignments for certain types of patents. You can look for the the assignee names here --... Read more »

Q: Ok..this idea was originally stole from me by inventionland or davison. We live in a habitat for humanity home....

Now I was told christmas and my birthday the patent along with the buisness is mine I'm ne ceo.... now theres patents for humanity my land lords surely cant steal my riches and my buisness... there're non proffit.... for one thing. And for 2 none of this was or is possible with out me its caused me... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jan 13, 2020

I am so sorry that you had a bad experience with this firm. I am not familiar with them, but that industry of helping inventors has many bad apples.

There are a number of invention promotion firms that take money from inventors and provide little or no value back. I do not know all these...
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1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: Mfrs offered a license agreement for my utility patent, 18% royalty but want me to pay them 8K to rep. Is that normal?

Non-exclusive, 2yr contract. They claim it is because they are taking all the risk. I already have product inventory, cads, engineering designs.

Kevin E. Flynn
Kevin E. Flynn answered on Jan 11, 2020

Your question is actually beyond the pure practice of acquiring patents. This is licensing (a form of contracts) and you should hire competent counsel that has negotiated a number of patent licenses. I would be leery of putting up money as you don't know if they will earn it. You may want to... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: Replying to Keven E Flynn, how do I go about working with you? what is the charge etc????
Kevin E. Flynn
Kevin E. Flynn answered on Jan 9, 2020

First step is for you to look at my web site www.FLYNNipLAW.com or my LinkedIn profile https://www.linkedin.com/in/kevinflynnpatentattorney/ to get some more information about me. Picking a patent attorney is a big step and you should make sure that you are picking someone that seems like a match.... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: if I had an idea for a shape of bandage using hydrocolloid composition for a specific condition, could it be patened?
Kevin E. Flynn
Kevin E. Flynn answered on Jan 9, 2020

The short answer is maybe.

The answer hinges on how close what you are proposing is to things already done or suggested by those of ordinary skill in the art of treating that condition or in making bandage products. While relevant prior art is not just patents and published patent...
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Q: Are we allowed to file and own a patent while working for a company? The patent is not related to the company field.

Our contract mentions

"conceives, creates, invents, designs, develops, contributes to or improves any works of authorship, inventions, materials, documents or other work product or other intellectual property, either alone or in conjunction with third parties, at any time during Service... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jan 7, 2020

This question comes up all the time. You will need to take the contract and employee manuals that deal with the duty to assign inventions to an attorney in the state where you work. There are some states that have limits on the scope of this mandatory assignment clause for employees.

It...
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1 Answer | Asked in Patents (Intellectual Property) for South Carolina on
Q: How do I go by finding out who patent my daddy oil.

He had a stroke and we trying to find the lawyer who patent it for him.

Kevin E. Flynn
Kevin E. Flynn answered on Jan 7, 2020

I am sorry that your father had a stroke. I hope he recovers fully and quickly.

You can start with https://patents.google.com/ and type in the legal name your father would have used in signing legal papers (does he use a middle initial or a middle name). Google will offer you the option...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: I filed a provisional patent for this. Do I have any protection with this? May 17 file date for walmart

I filed my provisional patent march 14 2016> They are only good for a year I believe...

Kevin E. Flynn
Kevin E. Flynn answered on Jan 2, 2020

If you filed a provisional patent application on March 14, 2016 and took no further action, then that provisional patent application expired. An expired provisional application that was not used as a priority document for a later patent application gives you no rights to exclude others.... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: Hello! I have a question regarding manufacture of specific skateboard parts.

I recently manufactured on a CNC machine 5 sets of high performance skateboard trucks. The design copies very closely a design of a company that is no longer in business. I believe they never had a patent on their skateboard parts. Is it legal for me to sell my product? They are not exact... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 2, 2020

that definitely requires an in depth analysis and consultation with an attorney

in any case you always run the risk of somebody claiming you are copying something

you need to understand how many basic designs of trucks exists, how long they have been around, etc. in order to assess...
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1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Minnesota on
Q: Are there copyright/trademark restrictions that prevent me from selling merchandise with pictures of people's cars?

The pictures would be taken by customers of their own cars and would likely have the vehicle logo visible, and below the picture there would perhaps be a name for the vehicle they choose or a phrase of their picking...

Thank You!

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 30, 2019

Be careful on this

if it is on request of the owner of the car, and it is limited, you may be ok

you should definitely consult with an attorney before jumping in

2 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Louisiana on
Q: HELLO, I RESPONDED TO THE ABANDONMENT EMAIL WITHIN TIME ALLOTTED BUT HAVE NOT RECIEVED REPLY FROM USPTO. WHAT'S NEXT?

https://music.apple.com/gb/album/my-side-of-the-tracks/53532522

Kevin E. Flynn
Kevin E. Flynn answered on Dec 30, 2019

It would be a bad idea for me to guess what led to the abandonment and what response you filed. It would be a good idea for you to contact the USPTO help desk as they can look into the electronic file and let you know the next step.

You can call 571 272 4200 ( they have several phone...
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1 Answer | Asked in Patents (Intellectual Property) and Probate for New Mexico on
Q: Mother in law just passed, she had a loan on her van, aunt took it not on the will can we involve police to get back?
Nina Whitehurst
Nina Whitehurst answered on Dec 22, 2019

You might find using the authority of the probate court more effective. With your mother in law gone there is nobody on title who is alive who can report it stolen until one of you gets appointed as executor of her estate.

1 Answer | Asked in Patents (Intellectual Property) for Washington on
Q: My patent attorney submitted wrong application to USPTO! Is this a malpractice case? Can I at least ask for a refund?

In 2016, I hired a patent attorney in 2016 to file, prosecure my invention. It was a tedious process; after repeated meetings, he prepared the first draft of the application. Thru a back-and-forth process, I revised his first application draft more than half a dozen time. Now, it turns out that... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Dec 20, 2019

Wow, what a nightmare. I am so sorry that this type of thing happened to you.

Your first patent attorney sounds like he did not know what he was doing. Typically, one or two meetings are more than sufficient; generally, there is little reason for an in-person meeting anyway. Although...
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Q: I have a copyright on a particular drinking glass design, can I seek legal action if the design is manufactured and sold

I have other designs and I'm debating whether to seek copyright protection or a design patent.

Peter D. Mlynek
Peter D. Mlynek answered on Dec 18, 2019

Yes, you should be able to seek legal action. Go see an intellectual property litigation attorney.

1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: I am trying to locate a patent number my deceased father, Harold Andrew Padgett, had while working at General Electric.
Peter D. Mlynek
Peter D. Mlynek answered on Dec 18, 2019

It is US 4,626,755.

https://patents.google.com/patent/US4626755

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: How can we at Sri Lanka Institute of Nanotechnology (SLINTEC) wants to feature our patents obtained through your site?
Peter D. Mlynek
Peter D. Mlynek answered on Dec 18, 2019

I don't speak for JUSTIA, I just sometimes answer questions that users have, but from I understand, if you have a patent, it will automatically be accessible through this site. For more information, please contact the owners of JUSTIA.

1 Answer | Asked in Patents (Intellectual Property) on
Q: as for the patent no.8419132 , I would like to know which characteristic are subject to patent, all in claims part? and

Whic part of patent description is actually patented design of construction?

And if any part , any characteristic is changed from the description, will it be acceptable or will it violate patent?

Peter D. Mlynek
Peter D. Mlynek answered on Dec 18, 2019

It is always that claims that define the scope of the protection. If you don't infringe the patent claims, then you do not infringe the patent. You can copy whatever you want from the patent, as long as it is not found in the claims.

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