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Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: I need a patent lawyer

I need a patent lawyer to pursue Apple Pay for this patent

Kevin E. Flynn
Kevin E. Flynn answered on Oct 27, 2021

All that was posted to the patent attorneys was "I need a patent lawyer to pursue Apple Pay for this patent" It is not clear what patent you are talking about.

To the extent that you believe you have a lawsuit for patent infringement, then it is not a good idea to share that in...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: If I file a provisional patent myself but dont do a good job, can it be correct later on filing nonprovisional patent?

Hi:

I want to patent an idea. If I file a provisional patent on my own and hire a patent attorney later to file a nonprovisional patent on the same idea, can he/she modify the provisional patent and correct/modify any flaws that I possibly make in the provisional patent?

Thank you... Read more »

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

The thing to keep in mind is that any application filing, provisional or otherwise, only holds a solid priority date for you if it provides adequate written description and enablement for your invention. So, while truly cosmetic things can be "corrected" without a problem, if new matter... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Can a patent be issued for something already being sold?

My original company sold a golf grip that was issued a patent 10 years after I first sold these grips.

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

A patent should not be issued if the patented claims read on a product that was on sale before the patent application was filed. It would be unusual but not impossible for a patent to issue from a patent application family that stretches back 10 years.

The patent may be for a very narrow...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Why would a patent lawyer ask me to sign a blank power of attorney form , & I can not find the submission

Electronic Acknowledgement Receipt40345610EFS ID:Application Number:16999073

Kevin E. Flynn
Kevin E. Flynn answered on Oct 18, 2021

Most interactions between a patent attorney and the United States Patent and Trademark Office do not require a signed Power of Attorney. So it is possible that the attorney will not file the Power of Attorney unless there is something to be submitted that requires the Power of Attorney form.... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Nebraska on
Q: Hi, how much will it cost me to patent a idea?

I've been thinking and talking to invent help, but I need to patent it first. And how long does it take to complete. And what should I do first?

Kevin E. Flynn
Kevin E. Flynn answered on Oct 15, 2021

I think the best place to start is by reading some patents that are in the field where you hope to obtain a patent. Getting a patent is hard. This will make more sense once you have read some patents and maybe looked at the arguments made during the process to examine the patent. This will get... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Florida on
Q: hi i was inquiring about if a patent is already out about something that i made at home then saw something similar to it

ear straps for a binky for babys attached to the side wholes of the binky. i would like to actually create something like this and see its already out but wanted ,ore information on it. i saw clips that you clip onto the binky but i was to have mine built in and mass produce. can you help me please?

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Oct 13, 2021

You will need to contact a patent attorney to determine if your product would infringe on a patented product. Perhaps the patent you saw has already expired or no longer valid, but there may be other patented products that you may be at risk of infringing. It is important to determine the... Read more »

1 Answer | Asked in Products Liability and Patents (Intellectual Property) for California on
Q: Can I patient the corn burrito in it’s original place it was invented in ventura ca

Ventura California

Home of the corn burrito per Wikipedia

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

No.

2 Answers | Asked in Patents (Intellectual Property) for Illinois on
Q: Good morning, I would like to ask you if software or algorithm can be patented. Thank you for your time.

We have developed a new solution that is related to the way in which a device is able to analyze the data.

Kevin E. Flynn
Kevin E. Flynn answered on Oct 11, 2021

There are many types of software. Some software running on a general purpose computer is the glue that holds together a business that works with people to achieve a purpose. While this software is important to the business, if it is merely a reflection of how the people interact together, then it... Read more »

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1 Answer | Asked in Patents (Intellectual Property) on
Q: I am looking for a patent of the company Bierstick but canot find it... does it even exist for their beer seringe?
Peter D. Mlynek
Peter D. Mlynek answered on Oct 9, 2021

A beer syringe named "Bierstick" was allegedly invented by Brandon Sirian, alongside his brothers, Justin and Ryan. A quick search for an inventor name Sirian does not turn up any US patents. Though you'd need to hire a patent attorney to give you a definite answer, it does not... Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: I have a technology idea to propose to some leader in the field (e.g. Samsung) in exchange for sharing a patent.

I would like them to financially support the patenting process and also develop the technology in exchange for a percentage of the patent rights.

Would this be something that such technology giants might be interested in at all?

Thank you very much for your time.

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

I cannot speak for Samsung but a more common pattern is that the big company does not want to talk to you at all until you have an issued patent. Sometimes they will talk to you once you have a patent application filed. But at that stage it is not clear whether you will obtain rights at all.... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Do patents cover all designs or does it cover the entire concept?

I am being accused of copyright infringement by a company because we make the same product but in different ways. We both make hock socks (protective socks for rabbit's feet) The other company makes them with 3 different fabrics a solid toe and velcro or button around the ankle. I make mine... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Oct 8, 2021

Patents cover the invention that is described in the claims of the patent. A patent may indeed cover all hock socks, or it may cover just a very specific type of hock socks. Without knowing more, we can't really tell you.

Given that you've been contacted by the patent...
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Q: "fair use" Example: I make a cake to sell and hand draw an NFL logo on it. Can I post a picture on instagram?

I am trying to understand fair use and social media. If I were to make an edible product and hand create in icing an image of a trademark such as an NFL logo, video game character, or other trademarked image can I put the image of my final product on instagram? I am not selling the exact edible... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Oct 6, 2021

No. You shouldn't do that. It would be difficult to argue that what you are describing is fair use.

Some people selling trademarked products do not get caught, say, when they sell their products at a neighborhood picnic, but NFL has lots of people making sure that their trademarks...
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2 Answers | Asked in Copyright and Patents (Intellectual Property) on
Q: Hi, I want to know if I could use the patent US20050149421A1for free in European Union as it has been abandoned. Thanks.
Kevin E. Flynn
Kevin E. Flynn answered on Oct 6, 2021

You asked -- I want to know if I could use the patent US20050149421A1for free in European Union.

A few clarifications. First US20050149421A1 is not a patent. It is a publication of a patent application that did not mature into a patent in the US.

So this particular document does...
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3 Answers | Asked in Patents (Intellectual Property) on
Q: Hello, I am currently a housewife and I have an idea for a cleaning product. I would like to get the idea patented.

I just don't have any idea where to start? I need to get the idea made into something physical that can sell. I also don't want to lose the opportunity to make the idea mine so that someone else can't steal it from me. I have never heard of this kind of product before so I guess I... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Oct 5, 2021

Good luck on your journey. Eventually you will need to work with a patent attorney if you want to protect your idea.

But it does not hurt to get some general orientation before you reach out to a patent attorney. Knowing some of the lay of the land and vocabulary will make you more...
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2 Answers | Asked in Federal Crimes and Patents (Intellectual Property) for Florida on
Q: On Appeal to District Appellate Court my case was VACATED and REMANDED back to the Bankruptcy Court. The Court REFUSED.

The Bankruptcy Court said I owed

Payment s to my plan . My case was ruled against me and ended before the Appeal the Appellate Court decided the Vacate Remand Order. The Bankruptcy Judge who did so was removed from his cases before he made the decision.

I have unquestionable... Read more »

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

This question was posted as a question on patents (inventions). That is not the right topic. You may get better answers if you post this as a bankruptcy question.

Good Luck

Kevin E Flynn

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: What is IP/patent ownership assignment when filing a patent application?

I submitted a good patent with my *previous* company. And now as a part of filing, they sent me an "assignment" PDF file to sign which is odd to me and I never had an experience with signing such a file (I was going to sue the company so I'm a bit suspicious about their request).... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 29, 2021

Basically they want you to give them the patent.

Depending on your employment contract they may have rights to it already.

Consult with an attorney.

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: The living universe and the secrets of it's eggs causing earthquakes and Mystical phenomena on Earth

Can I patent this facts with living proof of what causes the earthquake and much much more??

Kevin E. Flynn
Kevin E. Flynn answered on Sep 26, 2021

A patent allow you to prohibit others from making, using, selling, or offering to sell something that uses the patented technology. So it is not about documenting a truth about how the universe was formed.

If there is some way that someone could use your information to do something, then...
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1 Answer | Asked in Criminal Law, Landlord - Tenant and Patents (Intellectual Property) for Arkansas on
Q: So if I was homeless and know of a home thats empty and been empty for years can I squat in it and make ot mine ? If so
Kevin E. Flynn
Kevin E. Flynn answered on Sep 24, 2021

This question was routed to patent attorneys that work with inventors. That is not the right group of lawyers to answer this. It does not sound like landlord-tenant either.

In real estate law there is a little used provision called adverse possession that was left over from a much...
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1 Answer | Asked in Copyright, Legal Malpractice, Patents (Intellectual Property) and Trademark for California on
Q: i need to file a patent

i have some softwear that i need to gain all rights for leasing

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 23, 2021

You need to consult with a patent attorney and do an analysis of cost and benefit.

1 Answer | Asked in Patents (Intellectual Property) on
Q: Can I file an RCE by a 3-month official due date after an AFCP2.0 is filed but before an AFCP2.0 decision is made?
Stephen E. Zweig
Stephen E. Zweig answered on Sep 21, 2021

Probably yes, but the USPTO will likely then consider your AFCP 2.0 request to be withdrawn and will instead most likely go with the RCE.

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