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Maryland Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Maryland on
Q: I need help selling this patent. Do you know a company that will take on a single utility patent to sell? US 9968703 B1
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024

There are companies and individuals who specialize in patent brokering and licensing, assisting patent holders in selling their patents to interested buyers. These entities typically have networks and connections within industries relevant to the patent's technology, allowing them to identify... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Maryland on
Q: Is the following application able to be patented:

Device for Hygienic Extraction of an Acne Related Impaction

Publication number: 20110087239

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023

Determining whether a specific invention can be patented involves a detailed analysis of the patentability criteria, including novelty, non-obviousness, and utility. You can check the current status of a patent application through the United States Patent and Trademark Office (USPTO) website using... View More

3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Maryland on
Q: I have a idea for a fishing accessory idea that I'd like to make.

I've checked everywhere to see if someone else has come up with the same idea as myself and actually created the idea. And through my investigation looking to see if someone else has created my idea. No one else has

Kevin E. Flynn
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Kevin E. Flynn
answered on Aug 21, 2023

Did you search for other fishing accessories that use the same concept even if the item is not identical? To be awarded a patent, one must pass through several filters. While being new is a filter, the harder one is being non-obvious. The latter test asks whether someone with access to all... View More

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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Maryland on
Q: I have a idea for a fishing accessory idea that I'd like to make.

I've checked everywhere to see if someone else has come up with the same idea as myself and actually created the idea. And through my investigation looking to see if someone else has created my idea. No one else has

David Aldrich
David Aldrich
answered on Aug 24, 2023

You should contact a qualified patent attorney directly (this is just an anonymous question forum), and they can help you conduct a search and review of the relevant prior art. Even if you don't see the product in the marketplace, there is often relevant prior art in the form of earlier... View More

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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Maryland on
Q: I have a idea for a fishing accessory idea that I'd like to make.

I've checked everywhere to see if someone else has come up with the same idea as myself and actually created the idea. And through my investigation looking to see if someone else has created my idea. No one else has

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023

If you believe your idea is unique and has not been previously disclosed or patented, the next step could be to document your invention thoroughly, including potential designs, uses, and benefits. It might be advisable to consult with a patent attorney to explore whether patent protection would be... View More

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1 Answer | Asked in Patents (Intellectual Property) for Maryland on
Q: a patent question

My business partner is a manufacturer in China and he has a Chinese patent 4 yrs ago. Now he wants to apply for a U.S. patent with the same product/part. The problem is that his retailers have already sold the product into the U.S. market. My question is: is it possible to get a U.S. patent if he... View More

Stephen E. Zweig
Stephen E. Zweig pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2022

Unfortunately, most likely not. Your partner had two options to get a US patent. Either apply directly for a US patent within a year of filing for the Chinese patent, or alternatively file for an international (PCT) patent application, and then apply for a US patent application within 30 months... View More

1 Answer | Asked in Patents (Intellectual Property) for Maryland on
Q: After the twenty year period is there any means to use the patent or seek interest in ones US patent#4,784,433?

Is the patent worthless?

Kevin E. Flynn
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Kevin E. Flynn
answered on Jan 27, 2022

An expired patent cannot be used to obtain royalties or to block the actions of others. But the patent is not worthless. It has been added to the body of knowledge of people. This was part of the deal for obtaining a limited period of exclusivity. The patent may be used to help teach others how... View More

1 Answer | Asked in Patents (Intellectual Property) for Maryland on
Q: Is there a means to obtain assistance to sale this patent for royalties / USAU.S. patent number 4,784,433
Ali Makoui
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Ali Makoui
answered on Jan 25, 2022

Utility patent terms are 20 years from the filing date (plus any possible patent term adjustments). The U.S. patent 4,784,433, "Portable sunshade for infants in vehicles" has expired in 2008. Once a patent expires, it becomes a public property. Everyone can make it or use it without... View More

2 Answers | Asked in Patents (Intellectual Property) for Maryland on
Q: If there are two names on a patent do both names need to be involved with the actions of the patent?

One of the people on the patent seems to be doing negotiatining with the said invention with out conferring the other name on the patent.

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

If by "names on the patent", you mean that there are two inventors -- then no.

The patent rights belong to the inventors unless the inventors assign their rights to someone else. Most patents have inventors that are employees that assign their rights to their employers. But...
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1 Answer | Asked in Patents (Intellectual Property) for Maryland on
Q: Hello my brother pass away recently and we had did a last will and testament before passed but my question is he had

a patent invented with Davison Invention in I explain that I have Power Attorney papers in Last will and Testament papers but I was told I have no rights to know what's going on with his product i don't understand companies r interested in his product does my papers mean anything do... View More

Mark Oakley
Mark Oakley
answered on Dec 16, 2020

The powers of attorney all terminate upon the death of your brother. Any assets owned by your brother would now be owned by his estate. When an estate is opened, the Personal Representative then has the legal authority to act with respect to any assets owned by the estate. If he owned the patent... View More

1 Answer | Asked in Patents (Intellectual Property) for Maryland on
Q: The owner of around 5 patents recently died in Maryland without a testament. He has only foreign siblings. Succession?
Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 26, 2019

Patent rights are property rights and pass under state laws just as any other type of rights, such as ownership of a house or a car.

You can contact a trust & estate attorney in Maryland for how the relevant laws would apply in this situation.

I hope that this helps.

Kevin E Flynn

2 Answers | Asked in Copyright and Patents (Intellectual Property) for Maryland on
Q: If someone has a patent on an idea how long do I need to wait to get a design patent on the same idea?

The person holding the patent has never brought the product to market. My design is different but the idea is the same.

Peter D. Mlynek
Peter D. Mlynek
answered on Feb 27, 2019

You can't. You can't patent something that you did not invent. And you can't patent something that is already available to the public.

Now, if you have an invention that is sufficiently different from, or an improvement over, an existing product, then you should be able to...
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1 Answer | Asked in Patents (Intellectual Property) for Maryland on
Q: Provisional patent Jeld Wen /Masonite could be interested in. lawyers available in this field to negotiate?

Our Product forms part of this industry's essential component with cost saving benefits. Their monopoly supplier American Containers 50m units pa could be interested?

Kevin E. Flynn
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Kevin E. Flynn
answered on Oct 15, 2018

If you really think you have something that would be worth licensing, then you should find the money to get a non-provisional patent application written and filed. I would suggest filing it with a Track One request and the relevant fee (which may be as low as $1000) in order to get a first Office... View More

2 Answers | Asked in Patents (Intellectual Property) for Maryland on
Q: how many patents do laser beams (for eye correction, tattoo removal, etc.) have?
Peter D. Mlynek
Peter D. Mlynek
answered on Oct 5, 2018

Over 130 thousand. Yes, there are a lot of patents that claim lasers or the use of lasers.

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1 Answer | Asked in Patents (Intellectual Property) for Maryland on
Q: William Holub, inventor of patent # 5681475, passed away 10 years ago. Can his widow receive compensation.
Kevin E. Flynn
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Kevin E. Flynn
answered on Oct 2, 2018

There is not a process for the United States Patent Office to provide compensation to widows of patent inventors.

Patent US5681475 was filed back in 1995 and is listed as expired. So unless there was an agreement with an assignee of the patent to share money with the inventors that has...
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1 Answer | Asked in Business Law, Contracts and Patents (Intellectual Property) for Maryland on
Q: What can I do if I believe my idea from invention company was stolen?

Beginning in Nov 2003 (approx) I started working with Davison Inventions. I eventually received a prototype of my idea, which I still have to prove that I had this idea and production in the works. We worked on this for quite some time--I have paperwork from Mr Sawyer to 3 different addresses... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 10, 2018

It is very serious to accuse someone of stealing an idea. It does happen but you need to have your facts all lined up.

As your fact pattern did not include that you obtained a patent, you cannot sue for patent infringement. (yet).

You need to take all the relevant documents to...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Maryland on
Q: Current status of Patent

Patent #7,998,476 B2

Kevin E. Flynn
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Kevin E. Flynn
answered on May 30, 2018

PAIR shows this case as alive and the fees were paid at 3.5 years so next fee window opens 8/16/2018.

I hope this helps.

Kevin E Flynn

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Maryland on
Q: Hello, when do I need to renew my patent?
John Espinosa
John Espinosa
answered on May 28, 2018

Here is a helpful resource: https://www.uspto.gov/patents-maintaining-patent/maintain-your-patent

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Maryland on
Q: Can I include a claim based on an old expired provisional patent application into a new application

The specification for the new application does not mention the concept on which the claim is based.

The old provisional application was authored by the same person as the new application.

The new application is based upon first to invent.

Kevin E. Flynn
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Kevin E. Flynn
answered on Mar 14, 2018

If you are seeking to file a patent application to claim something in a provisional application by some other inventor -- that does not work as you need to be the original inventor. You cannot file a patent application on a good idea that someone else had -- even if they did not seek to claim that... View More

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1 Answer | Asked in Patents (Intellectual Property) for Maryland on
Q: How much would it cost, and how long would it take, to file a patent for a new type of jewelry case?
Peter D. Mlynek
Peter D. Mlynek
answered on Jan 26, 2018

It generally takes several days, maybe up to a week (or two, if there is a lot of back and forther between the inventor, attorney, and the drawing person), to put together a patent application. The whole process, from the filing of the application, until you get a patent, will be about 2 to 4... View More

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