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Nebraska Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for Nebraska on
Q: Hi, how much will it cost me to patent a idea?

I've been thinking and talking to invent help, but I need to patent it first. And how long does it take to complete. And what should I do first?

Kevin E. Flynn
Kevin E. Flynn answered on Oct 15, 2021

I think the best place to start is by reading some patents that are in the field where you hope to obtain a patent. Getting a patent is hard. This will make more sense once you have read some patents and maybe looked at the arguments made during the process to examine the patent. This will get... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Nebraska on
Q: Does an employee that invents a product for an employer have any patent rights?

Approx. twenty years ago my father, xxx, invented the multi-bevel needle for Becton-Dickinson. He worked there for 37 years & has since retired. They named him the "Founding Father of the Five-Bevel Needle". All he received for this was a satin jacket with this embroidered on it.... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jul 23, 2020

Congratulations to your father for making a real contribution to an important medical device.

As a general rule, when you are paid to invent, then company expects that the fruits of your work belong to the company. Normally, you sign agreements or consent to company policies as a part of...
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2 Answers | Asked in Patents (Intellectual Property) for Nebraska on
Q: I designed and started selling a product. Others are now copying and selling it too. Is it too late to file a patent?
Kevin E. Flynn
Kevin E. Flynn answered on Jul 1, 2019

Assuming that you are seeking a US patent, then the rule is in 35 USC 102 which was updated in March of 2013.

Under the current rules, any offer for sale (or sale) of your invention immediately ended your option to seek a US patent. A sale...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Nebraska on
Q: If a magic trick is being sold by someone else, can I make that same gimmick and sell it as my own?

If someone is already selling the gimmick needed for a magic trick along with instructions on how to do the trick am I able to make the gimmick and instructions myself and sell it as my own? Basically I would be rebranding an already existing magic trick product. I've heard that magic tricks... Read more »

Brandon Baum
Brandon Baum answered on Jul 20, 2016

While I don't know the specific gimmick, the general rule in the U.S. is "yes." Unless it is patented (very unlikely for a magic trick) or copyrighted (available only for the "patter" or pantomime surrounding the trick), then it is free to copy for anyone who knows the... Read more »

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