Lawyers, Answer Questions  & Get Points Log In
Florida Patents (Intellectual Property) Questions & Answers
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 Staats... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Renewal fees have been missed on a patent due to financial limitations of owner. How can the patent be reinstated?

Late period from renewal due date is less than six months.

Kevin E. Flynn
Kevin E. Flynn answered on Sep 19, 2019

I do not think that the lapsed patent can be reinstated in accordance with the rules as the failure to pay was not unintentional under USPTO guidelines.

Traditionally, not having the money to pay a fee was not considered a reason that something was unintentional. See

C....
Read more »

1 Answer | Asked in Products Liability, Business Formation and Patents (Intellectual Property) for Florida on
Q: can you help me find the seed money to make my parent 7571681 presentable? I need a Angel investor? A Grant wrighter?

My only income is my SOCIAL SECURITY DISABILITY CHECK I AM OPEN TO ALL POSSIBILITIES.

ERIC TRUMP EVEN ASKED ME TO SEND HIM A BUSINESS PLAN Based on my patent 7571681 four patent in one.

RR Tie replacement on the run

Recycling the old RR ties

Recycling the spikes... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Sep 10, 2019

Raising money is a skill. Most patent attorneys do not have that skill. You may want to get some free advice and some introduction from this state agency...http://floridasbdc.org

I hope this helps

Kevin E Flynn

2 Answers | Asked in Copyright, Products Liability and Patents (Intellectual Property) for Florida on
Q: I manufacture a simple/basic toilet seat cover. Is it safe to manufacture without violating any patents.
Peter D. Mlynek
Peter D. Mlynek answered on Jul 13, 2019

If you are making something that has been around 20+ years, then you very likely will not infringe any patents. After all, that is the idea behind patents: after a patent expires (currently 20 years from the filing date of the patent application), then anyone can use whatever is disclosed in the... Read more »

View More Answers

2 Answers | Asked in Estate Planning, Intellectual Property and Patents (Intellectual Property) for Florida on
Q: If a person doesn't have a will but has sole rights to a patent, does Florida probate assign the nearest kin the IP?

corporation with zero value but with license to use and shares owned by deceased also

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 12, 2019

The shares owned by the deceased, like any other property, go to the heirs as specified in the intestacy statutes.

View More Answers

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: How often is a patent paid so it doesn't lapse
Peter D. Mlynek
Peter D. Mlynek answered on Apr 26, 2019

In the US, you need to pay for it 3 times after it issues: at 3.5 years, at 7.5 years, and 11.5 years.

For most patents outside of the US, the maintenance fees need to be paid on annual basis.

2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Can a provisional patent that was not followed up with a non-provisional patent be used to claim prior art?

I processed a provisional patent in 2003 and did not follow up with a non-provisional patent due to cost. I made several operational prototypes from 2000-2007 of this device. I did discuss concept with an associate of a company. I just recently found out that In 2008, this company was granted a... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Apr 25, 2019

No. A provisional patent application that is not followed up with a non-provisional patent application is not published and does not result in a patent, and thus cannot serve as prior art against another patent case.

This is, unfortunately, a common problem. In your case, you cannot get a...
Read more »

View More Answers

2 Answers | Asked in Patents (Intellectual Property), Probate and Trademark for Florida on
Q: My Grandfather is Warren Depperman, My name is Mario Depperman (Grandson). Does he own patients I could claim?
Sean Erin Serraguard
Sean Erin Serraguard answered on Apr 23, 2019

It sounds like you're asking for an intellectual property search for your grandfather. If you'd like to search this for yourself, you should search for his assignments in the databases at the USPTO (https://portal.uspto.gov/pair/PublicPair) and the Library of Congress... Read more »

View More Answers

1 Answer | Asked in Business Law, Intellectual Property and Patents (Intellectual Property) for Florida on
Q: Hello!We are planning to start producing a waterproof fitted sheet in China, and we will sell the sheets in USA.

Should we ask China factory if they have a patent for the waterproof technology on the fabric, that they offer for our waterproof sheets? Or not?

Please, advise!

Thank you! Regards!

Griffin Klema
Griffin Klema answered on Apr 9, 2019

That depends. Patent rights are country-specific, and therefore your question involves whether that company has a Chinese patent as well as a US patent. (Patent rights generally protect making using or selling the patented technology.) If the Chinese entity has any patent protection domestically or... Read more »

3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: Is it possible to patent my robotics idea?
Peter D. Mlynek
Peter D. Mlynek answered on Mar 23, 2019

Well, you can't patent an idea, but you can patent your invention in the field of robotics.

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Hi, pl advise if these patents assigned to Sanuk USA D429555; D410137; D404894; 7234248 is applicable internationally?
Kevin E. Flynn
Kevin E. Flynn answered on Mar 7, 2019

These appear to be a set of three US design patents and one US utility patent. A United States patent is effective against people that make, use, sell, or offer to sell an infringing product in the US.

So a US patent can be used against a product made in China and imported into the US, or...
Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Florida on
Q: Is it possible to patent something ..

for Example . Plant grow tent. If I took the basics of the tent , such as the building part of it and how it’s put together . However I changed the material used and actually used it for something totally different would I be able to patent that or stop other companies from selling the same thing ?

Kevin E. Flynn
Kevin E. Flynn answered on Feb 28, 2019

Your short question includes many key questions of patent law.

1) You do not infringe a patent. You infringe one or more specific independent claims (ones that start with no reference to another claim) and possibly some dependent claims (a claim that adds additional limitations to at least...
Read more »

2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: Is a patent possible in this circumstance

If there is a product currently in the market place which has always been manufactured using either leather or traditional wood from trees and I start manufacturing this product but instead of using leather or lumber from trees, I use a different material, like bamboo, which gives the item a very... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Feb 3, 2019

Using your example with respect to a golf bag. If the sole difference was that you used off-the shelf sheets of flexible bamboo leather substitute and made a bag from that -- then you would have a hard time getting a utility patent. Substituting one product for another where the modifications to... Read more »

View More Answers

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: Filed utility pAtent, June 20/3 (pub 20050033596) before Facebook. PTO refused to process it.

June 2003

Kevin E. Flynn
Kevin E. Flynn answered on Jan 8, 2019

I see that you filed a patent application and the PTO processed the application with an Office Action rejecting the claim as too vague to even examine. After a period of six months, the application was deemed abandoned. There is an indication in the file that the final notice was returned as... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: If I create something that would compliment or be used with a product that already has a patent, is that legal?
Peter D. Mlynek
Peter D. Mlynek answered on Dec 26, 2018

Yes, I think that your product could be patented.

View More Answers

2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: If an application was submitted but a patent was never granted, is there a way to use said application w/ modifications?
Peter D. Mlynek
Peter D. Mlynek answered on Dec 5, 2018

This happens all the time. If it is not granted, and there is no likelihood of it being granted, then whatever is disclosed in the patent application is dedicated to the public. Anyone can use whatever is in the published application with or without modifications.

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Is there any way to transfer ownership of an existing patent to someone else?
Kevin E. Flynn
Kevin E. Flynn answered on Dec 4, 2018

Yes. Ownership rights to a patent can be transferred by an assignment. Partial rights can be transferred by license.

Assignments should be recorded at the USPTO at https://epas.uspto.gov/. Prior recorded transfers can be seen at https://assignment.uspto.gov/patent/index.html for patent...
Read more »

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Another company wants to buy my business, which has a patent associated with it for one of our products. If I move

forward on the acquisition, will I lose control over the patent?

Kevin E. Flynn
Kevin E. Flynn answered on Nov 12, 2018

It depends upon what you and the buyer agree to.

If the rights to the patent have been assigned into your company and you sell that company to buyer, then buyer owns the assets including your patent. You would not have the right to practice that patented invention without getting a...
Read more »

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: Am I able to assign patents in a will?
Kevin E. Flynn
Kevin E. Flynn answered on Oct 19, 2018

I do not see why not. A patent is a piece of property and moves with much of the same rules. The USPTO system for recording ownership has a selection for letters testamentary which is a document issued by a probate court to an executor. See https://epas.uspto.gov/

This is really a...
Read more »

2 Answers | Asked in Patents (Intellectual Property) for Florida on
Q: If my ideas are connected, to I file one patent for them or separate ones?
Peter D. Mlynek
Peter D. Mlynek answered on Sep 26, 2018

If you have two inventions, then you will need to have two patents. If you have one invention, but it has several different flavors of the invention, then you can just file one patent application. Due to the costs, it is obviously beneficial to have everything in one patent application.... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.