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Florida Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: When there are 2 entities under Assignee, for example "X, Y" Can X use the patent independently from Y or needs agrment
Stephen Kontos
Stephen Kontos answered on Sep 18, 2020

It depends on the agreement between the entities. Unfortunately, there's no way to know what each entity is permitted to do based on the text printed on the first page of the patent. For example, if the patent was sold, the Assignees listed on the front page would not be updated to reflect the... Read more »

Q: I have an organizing system that would complement box legend clothes organizer. I would like to sell the idea.

I would like to sell the idea to the patent owner of box legend clothes organizer.

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

Congratulations on having a good idea. You may be able to make and sell this as an aftermarket enhancement for installed systems. That is one route and a route that does not require buy-in from the BoxLegend folks. You may wish to obtain a patent so that others do not make a similar product.... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Who is the best lawyer to use to file a patent for CLASSIFIED electromagnetic asteriod propolsion system?

electromagnetic asteroid propulsion system

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Aug 16, 2020

You want a lawyer with a Ph.D. in the scientific field and has experience working with NASA or other government agencies. Please let me know if you have any additional questions.

Liliana Di Nola-Baron, J.D., Ph.D.

3 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Hi. I have found a guy who has a provisional patent on a device I was looking to manufacture.

He is 80 years old and never done anything with the provisional patent.

If he agrees, is it possible for me to pay him to assign a provisional patent over to me so I can run with it... or can that only be done on a fully issued patent?

Thanks

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Aug 5, 2020

A U.S. provisional patent application (PPA) never itself becomes a patent so the name is a bit of a misnomer. A utility patent application (UPA) can claim benefit of a PPA if the UPA is filed by the first year anniversary of the PPA.

In any case, a PPA can be assigned (bought) from the...
Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Can two patent applications have identical titles? If so can you find an example?

An inventor filed for two patents with the same title at the Austrian patent office. But when he obtained two U.S. patents with those Austrian patents as priority, his U.S. patents had TWO DIFFERENT titles. If the U.S. patent office didn't care, why didn't his two U.S. patents have the... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Jul 4, 2020

Yes. Absolutely. In the US, anyway.

The rules in the US about titles of patent applications is fairly liberal. A title must be "short and specific", meaning fewer than 500 characters, but I've found that the Patent Office does not really care. At most, they delete leading...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Can two patent application have exactly the same title? If so, can you give one example?
Kevin E. Flynn
Kevin E. Flynn answered on Jul 4, 2020

There is no rule prohibiting two patents from issuing with the same title. What is unique about a patent is the patent number and the patent claims.

I do not have an example in my issued patents as I go out of my way to avoid using the same title as I find it confusing to have more than...
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3 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: If my two patent applications can’t have the same title, but the priority country allows it, how is that handled here?
William Scott Goldman
William Scott Goldman answered on Jun 29, 2020

While trademarks and copyrights are my specialties, I work with several excellent patent attorneys/agents, so feel free to call or email, and I'll set up an introduction...unless a patent attorney responds directly to your request on Justia, of course!

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3 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Suppose I apply for a patent. While I am waiting, can I request that the title (name) of my patent be changed?
John Rizvi
John Rizvi answered on Jun 29, 2020

Yes, if you have filed for a patent and want to change the title, you have two options depending upon what type of patent you have applied for. If it is a PROVISIONAL PATENT APPLICATION, you can submit the proper title when you convert to a NON-PROVISIONAL PATENT.

If, on the other hand,...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Does a provisional patent application for a lotion require a specification drawing? If so what would it contain?
Peter D. Mlynek
Peter D. Mlynek answered on Jun 7, 2020

In order to claim benefit from the patent application, the claims must be supported by the disclosure in the provisional application. If you need drawings, then the drawing should be in the provisional.

Now, an application to a chemical composition, such as a lotion, do not generally need...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Can J-1 visa apply gene signature for cancer prognostic in U.S. ?
Peter D. Mlynek
Peter D. Mlynek answered on May 24, 2020

The visa status is immaterial for patent applications. A person of any nationality or citizenship can apply for a patent.

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: So this guy was granted a patent for a 2 cylinder engine design. decided on a different design under the same patent?

I finally found the patent number he claims is for the current model which is a completely different configuration but using a modified version of the original patent. He claims that makes the current design patented also. I disagree! I think he got a crooked patent attorney to trick the system... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on May 19, 2020

I don't think that we are able to guess whether the patent covers the improved engine or not, based on the description alone. A couple of notes:

(1) It is very common that a company comes up with an invention, gets a patent for it, and keeps improving the product. The question...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Someone is claiming that they don't have to share patent number due to extension of submission period..

I'm trying to get the alleged inventor to share the patent number of the invention they claim has had a patent granted to it already.

Their story is they built a prototype of a different form, got it patented which was a few years ago, (can't dig up the patent number for that via... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on May 17, 2020

None of this makes sense. I think that your friend is pulling your leg.

2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Is there such a thing as the USPTO Hiding an Approved Patent number from the public for any reason? Is it even legal?

Someone is telling me they had the Patent office hide the Patent number for strategic reasons. And are only showing an approval for the application in lieu of the fact that the so called invention is possibly patentable. Makes no sense to me! Why would one hide a the patent number of an approved... Read more »

Bill Hulsey
Bill Hulsey answered on May 17, 2020

https://en.wikipedia.org/wiki/Invention_Secrecy_Act

Take a look at this article.

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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: If a person falsely claims a product is patented when it is not, is this a crime?

The person in question is advertising and raising money by claiming his invention is Patented when it is not Patented.

Here is the info I have been able to ascertain thus far.. none of it is verifiable via patent search via USPTO for some reason...

Promoting a product as patented... Read more »

Bill Hulsey
Bill Hulsey answered on May 17, 2020

Stating something is patented when such is not true would be fraud

3 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Hi! Where I can found good Lawyer for patent in Florida?
Bill Hulsey
Bill Hulsey answered on Apr 30, 2020

We are based in Austin, TX, but have quite a few FL clients. If you cannot find what you are looking for, give us a call.

All the best,

Bill Hulsey

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4 Answers | Asked in Copyright and Patents (Intellectual Property) for Florida on
Q: can you patent an AR idea?
Kevin E. Flynn
Kevin E. Flynn answered on Apr 19, 2020

The initials AR are used for many dozens of things from acid reflux to amateur radio. If you mean automated rifle- then yes you can seek patents on the workings of a weapon. You would need to have an idea that would not be obvious to one skilled in the art of designing automated rifles. You... Read more »

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2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Looking to know if I violated a patent

I want to start a distribution of a product I manufacture out of the states and need to know if I dont violated some patents I found online that belong to a similar company such as mine

Kevin E. Flynn
Kevin E. Flynn answered on Feb 25, 2020

First Question is whether you will be doing anything in the United States.

If your clients are not taking delivery in the US and you are not making the product in the US, then you may not need to worry about a US patent.

On the other hand, looking for US patents is often a quick...
Read more »

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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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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 Copyright, Intellectual Property and Patents (Intellectual Property) for Florida on
Q: Does Victor Staats still own these patents?
Peter D. Mlynek
Peter D. Mlynek answered on Oct 23, 2019

I don't know which patents you are referring to, but my cursory search shows that there are about 5 patents that list Victor Staats as the inventor. 4 of these have expired due to their age, and 1 expired because a maintenance fee was not paid. There are no enforceable patents for Victor... Read more »

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