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California Patents (Intellectual Property) Questions & Answers
Q: As conservator can I kick someone out of my parents house that abusing them?

The two are abusing my parents and drugies!

Nina Whitehurst
Nina Whitehurst answered on Dec 3, 2021

And attorney would need to review your order appointing you conservator to see what it covers, but most likely yes, you can do that. Be sure to hire an eviction attorney to help you with that. The process and the rules are surprisingly complicated.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: need to finalize or resubmit a patent application

patent was considered abandoned. previous attorney not responsive to questions.

Kevin E. Flynn
Kevin E. Flynn answered on Nov 12, 2021

You should discuss with your patent attorney whether it makes sense to file a petition to revive an unintentionally abandoned patent application.

https://www.uspto.gov/sites/default/files/documents/sb0064.pdf

If the abandonment was indeed unintentional, then the fee to revive may...
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3 Answers | Asked in Contracts, Intellectual Property and Patents (Intellectual Property) for California on
Q: How much would it cost to have a 7 page invention assignment and employee services (2pg) agreement reviewed roughly?

I have my own small business doing engineering and research, but could use some additional funds so I am considering taking on a consulting project with a large company. I know the people I'd be working with as engineers, but the HR from this place is asking I take on being a W2 employee with... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Nov 11, 2021

Generally speaking ... about $20-$25 a page ... and obviously, it would be ideal to see the document first to firm up or edit the initial estimate... and it may be a good idea to schedule a video call for discussion.

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1 Answer | Asked in Business Formation, Business Law and Patents (Intellectual Property) for California on
Q: I registered a web name LLC name with state and all variations and LLC operating agreement partner didn't sign

He has done many illegal things and I want to keep name and he didn't put in the time nor sweat equity nor capital and while he didn't sign operating agreement it calls for name being returned to me not only that he has restraining orders trying to get permanent for threatening my life,... Read more »

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

I do not see any indication that this is a patent law question.

This seems to be a business dispute that will turn on the facts. This is not a good candidate for a web site Q&A. You will need to find an attorney that handles business disputes in the relevant state and lay out the...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: I am not the inventor of this patent. Could you please help remove it from my patents or patent applications? Thank you!
Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Oct 28, 2021

You are not mentioning what patent or patent application you are referring to. Please provide more details.

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2 Answers | 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 »

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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 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.

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 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 Gaming and Patents (Intellectual Property) for California on
Q: How do I patent a sports gambling game? Also should I patent the game or the app?

I want to use my game in an app so do i patent the game or the app?

Peter D. Mlynek
Peter D. Mlynek answered on Sep 21, 2021

It may be easier to patent the app, you'd likely want to get intellectual property rights to both the app and the game.

You really need to hire a patent attorney to go over the specifics with you.

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: How can I find out if someone patented a car motor in California.

My ex husband designed a car motor while we were married. He passed away in February and he was in dealings with a car company to sell his design. When he passed his roommates didn’t allow me or his mom to get his things. So I don’t have anything to prove it was his design unless I can find the... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Sep 17, 2021

I am sorry that someone you once loved intensely has died.

One place to look for an indication that your ex-husband assigned rights in an invention over to another entity is the assignment database -- https://assignment.uspto.gov/patent/index.html#/patent/search

A limitation of this...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: Would it be possible to patent a refrigerated tear drop style camper?

I would like to attempt a new business idea that would involve a utilizing a refrigerated tear drop camper style trailer and would like to know if there is any proprietary rights to this.

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Aug 2, 2021

It would be best to hire a patent attorney to do a patentability search. But in the meantime you may want to check databases such as Google Patents and the USPTO web site by entering the terms that best describe your invention.

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1 Answer | Asked in Gaming, Intellectual Property, Patents (Intellectual Property) and Trademark for California on
Q: Are name variations of already existing companies legal?

I had an idea for a company that similarly operates in the same way as AirBnB. But it relates to Dungeons & Dragons, called AirD&D. The basic premise of the company would be that people could post locations that can be rented out for single or ongoing campaigns or game sessions that are... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 30, 2021

Maybe, depends

You need to have a consultation with an attorney

In general if the marks are in related areas, there may be a conflict

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: This is our grandfather and we are getting zero royalties from any of his patents.

Please ask in person or on the phone.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 25, 2021

Consult with an attorney.

It will depend if your grandfather licensed or assigned his rights.

Also patents expire, so if it was long time ago, it is natural that the royalties stopped.

3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: How long is a "patent pending" status good for and what happens after this period ?
Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Jul 8, 2021

"Patent Pending " means that an application for a patent has been filed for the particular product, system or method with the United States Patent and Trademark Office (USPTO). The status "Patent Pending " ends with the final disposal of the application by the USPTO, which... Read more »

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Q: What document should I use for my blog?

It would be great to have a document for guest writers, regular contributors, and anyone that submits anything to my site (written or media) to allow me and my website to publish their name and work on the site. What kind of document do I need? A consent form, an agreement, or something with a... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 5, 2021

You need a contract where they license or give you the rights to their content.

Consult with an attorney.

3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: USE OF CANNABINOIDS IN THE TREATMENT OF INFLAMMATORY SKIN DISEASES GW pharmaceuticals Can I apply for a patent

I’ve developed a few process to extract cannabinoids from the cannabis plant and after reviewing GW patents am I able to apply for any patent concerning cannabis?

Thank you

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Jul 1, 2021

In general, processes for extracting cannabinoids are patentable. Having said that, you should hire a patent atto

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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: I own a patent that was issued in June of 2011. I did not keep up with maintenance fees. What is my status now in 2021?
Bill Hulsey
Bill Hulsey answered on Jun 22, 2021

You can pay the maintenance fee, but there will be gap in protection.

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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: Why my patents or patent applications are not updated on time?
Kevin E. Flynn
Kevin E. Flynn answered on Jun 21, 2021

It is not clear what you are asking. Patents do not get updated. There is a maintenance fee that is paid three times during the life of the patent.

There is a process to correct errors in the issued patent but that usually results in a separate piece of paper called a Certificate of...
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