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Patents (Intellectual Property) Questions & Answers
2 Answers | Asked in Patents (Intellectual Property) for California on
Q: If a company is using a patent I am named as an inventor, can I receive compensation for its use?

A large company is using my patent in their highly successful product without any request for my approval or agreement to compensate myself or the other inventors. Would it be possible to ask for retro active payments for the previous life of said product, or sue them for patent infringement?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 23, 2022

Were you employed by this large company when you made the invention? Did you sign paperwork to assign the rights to the invention over to the large company or to some other company which may have passed rights or licensed the large company?

Inventorship and ownership are different things....
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1 Answer | Asked in Patents (Intellectual Property) on
Q: how long does it take to have a patent granted based on the publication date? (lets say for a new toothpaste)

for fda

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 20, 2022

The publication of a patent application and the examination process are not tied. An application is usually published in the US at 18 months after the earliest priority document (this would include an earlier provisional application) but it could be as early as a few months after filing the... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Washington on
Q: Hi, I have an idea for patenting, similar to #5857273. I am wondering how to pull up the drawings for it? And if expired

how to find out if a patent is expired and if I can put a patent pending on something similar?

Stephen E. Zweig
Stephen E. Zweig
answered on May 15, 2022

One easy way is to look up the patent at https://patents.google.com/ . Then, for a US patent, put a US in front of the number such as US5857273. Google will fetch the patent and also let you know if it is expired or not (it is).

To get your own patent in the same topic, you will have to...
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1 Answer | Asked in Copyright, Gaming, Intellectual Property and Patents (Intellectual Property) for New Jersey on
Q: Can I patent a game that has open domain IPs such as Santa Clause? I’m making a game where Santa is the main villain

I am making the story unique and bringing my own twist on Christmas and a dark tale of horror with my own unique characters and ideas.

Leonard R. Boyer
Leonard R. Boyer
answered on May 14, 2022

Your situation requires more facts and to determine what you can due without getting into serious legal problems, you must retain an experienced patent law attorney. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

1 Answer | Asked in Patents (Intellectual Property) on
Q: where are the figures of the patent SYSTEM AND METHOD FOR FIRE SUPPRESSION VIA ARTIFICIAL INTELLIGENCE?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 12, 2022

I don't use Justia to search for patents so I do not know that interface. There are other tools that allow you to find patents including Google patents https://patents.google.com/

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: How long does it take for a patent to expire? Animal gate latch mechanism Patent number: 4962953
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 11, 2022

This patent expired 20 years after filing for an expiration date of January 31, 2010.

Kevin E Flynn

1 Answer | Asked in Civil Rights, Patents (Intellectual Property) and Probate for Kentucky on
Q: Does the adultry and abandonment law barring one from the property refer to property acquired by both parties?

My parents have 400 acres. My mother left my father, but never divorced him. She has been with multiple other men over the last 7-8 years. My dad passed away last August and she's getting the entire profit off the house, plus the land.. she's getting 800,000 while me and my sister are... Read more »

Timothy Denison
Timothy Denison
answered on May 3, 2022

No. It does not apply.

1 Answer | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Texas on
Q: Is it legal to use screenshots from software I've purchased, in training course material I create and sell - screenshots

only, not the software itself - without compensation to or permission of software seller?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 3, 2022

There is not a patent question here. This is a question of your end user agreement and possibly copyright law.

1 Answer | Asked in Patents (Intellectual Property) and Trademark for California on
Q: Do I need a patent if i'm building an app in a new space that doesnt't exist yet?

I'm building an app in an industry that hasnt changed in ages and I want to know if i might need an IP attorney to help file a patent? I realize that i'm being extremely broad but i'm trying to figure where to start. I researched some companies who filed patents like AirBnB,... Read more »

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Apr 25, 2022

If you are devoting a substantial amount of time or money into this project, then it is a good use of your time to talk with a patent attorney that files patent applications for apps. There are special obstacles in seeking patents in that space so you need some frank advice from someone that has... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Ohio on
Q: A low income elderly lady submitted her "invention" to a company for them to get a patent for it. The company has been

the company has been drawing on her bank account monthly, for several years. How can she get her money back. The "invention" is not worthy of a patent and she should have been notified of that. She is living on government checks and unable to work. What can she do?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Apr 20, 2022

This is not an isolated case. Many people of limited means are encouraged to file patent applications that are on a path to nowhere by invention promotion firms. The federal government is aware of these firms. You can file a complaint, and find other useful information via the links at this... Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: Am I allowed to improve what is already patent and paten my modification to an existing item?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Apr 20, 2022

People file patent applications with improvements on previously patented inventions every day. The Bell patent on the telephone was issued more than 100 years ago. People are still patenting improvements to the telephone.

Now you may have to worry about whether the earlier patent is...
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2 Answers | Asked in Bankruptcy, Patents (Intellectual Property), Copyright and Trademark on
Q: Do I need a bankruptcy lawyer? Can I review patents I believe am the rightful owner of.

Cryptocurrency patent Microsoft has applied for, digital advertising alliance, online casino platforms, QR codes.

Timothy Denison
Timothy Denison
answered on Apr 14, 2022

Not sure what you need a bankruptcy lawyer for….?

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Hello, How can I find out if I can copy a patent product and just stick my own logo to it instead of theirs logo.

And how can I find their patent number and how I can copy the product with my own manufacturer and make my own brand logo and sell it without getting sued?

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 12, 2022

Well, the point of patents is to prevent you from doing exactly what you are trying to do.

However, you should be able to copy someone else's patented product if somehow you don't infringe (you are outside the scope of the claims of the patent), or there is a problem with the...
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1 Answer | Asked in Patents (Intellectual Property) for Kansas on
Q: How much it cost to get an idea in auto mobile field and also for a mobile app idea.
Peter D. Mlynek
Peter D. Mlynek
answered on Apr 7, 2022

A patent typically costs about $20k to $40K

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: How to see what a company’s patent looks like to not get sued because I have ideas and don’t want to get sued.

I want to make a further development of the product that has patent. But how can I work around their patent.

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 7, 2022

Patented products typically carry patent markings. Something like "pat. no. 12,345,xxx" and like. Once you have that, you go find the patent in the U.S. Patent Office databases.

2 Answers | Asked in Patents (Intellectual Property) for Colorado on
Q: Hi I had an idea for a product but I don't know how to go about securing the idea as my own.

I want to eventually sell my idea to a company who could produce it. But I want o have my idea secured as my own so that it doesn't get stolen.

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 7, 2022

This is a very common question. Unfortunately, you are not going to like the answer. I apologize in advance.

An idea, even after it has been flushed out to become a patentable invention, is not worth very much. Companies buy or license profitable businesses, profitable products or...
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1 Answer | Asked in Copyright, Business Law and Patents (Intellectual Property) for Texas on
Q: I am trying to find the patent for the brush guard that GM put on their Commercial Utility Cargo Vehicle (CUCV).

These vehicles were provided to the US military from 1984 - 1987. I believe similar brush guards were an option on GM trucks as early as the 1960's. I would like to reproduce this brush guard for the same GM vehicles and other vehicles with slight modifications. Thanks for any help you can... Read more »

Peter D. Mlynek
Peter D. Mlynek
answered on Mar 29, 2022

Sorry to be getting to this so late.

This is a common type of question, but unless the brush guard was ornamental, finding the patent is not going to be very helpful. The drawings that come with patents are there to help the reader understand the invention, and are not meant to be...
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Q: Can this device be re-patented and re-made since the devices patent is expired
Peter D. Mlynek
Peter D. Mlynek
answered on Mar 29, 2022

No.

The idea behind a patent is that the inventor discloses the invention, and in turn, the government gives the inventor something of value: the ability to keep others from using the patenting invention for a limited time. After the time runs out, anyone can use that invention.

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1 Answer | Asked in Patents (Intellectual Property) for Virginia on
Q: I am a high school student and I would like to file a patent. Is it possible to receive some help and guidance.

Use of a technology currently used in the field of medicine to be put to use in another area. I would like to speak with someone about how to write claims and generally how to do the application.

Peter D. Mlynek
Peter D. Mlynek
answered on Mar 27, 2022

In order to write a patent, you really need specialized training. This is not something that you could do yourself. Legally, you are allowed to, but practically it is not feasible.

As far as taking a product, process or technology from medicine and applying it to another field, this is...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: How do I write a patent, what items should be considered in it?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Mar 25, 2022

I do not think it is a good idea for you to draft and file a patent application without the help of a patent attorney. Some people do so and the USPTO can be somewhat generous in helping DIY applicants but there is a great risk that you do not know what you do not know and you will lose important... Read more »

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