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Tennessee Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Tennessee on
Q: I've recently designed a toy but I'm not sure is a copyright what I need? I'd feel most comfortable filing myself, TN.

It's really just a modification I've made to stuffed animals, that started out as a game mechanic. I just really want to make sure that if someone manufactures it that they won't stop me from using the design. Making some money off of it wouldn't hurt either but it is secondary.

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Nov 18, 2020

You may want to consider protecting your toy with a patent, assuming your modifications to existing toys are novel and non-obvious. You will need a patent attorney to help you assessing the patentability of your toy and preparing and filing the patent application.

Please give me a call if...
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1 Answer | Asked in DUI / DWI, Gov & Administrative Law and Patents (Intellectual Property) for Tennessee on
Q: According to court system and my MVR I HAVE COMPLETED ALL REQUIREMENTS REPORT STATES DL privilege Reinstated 2.19.20

Ppl at dmv will not allow me to take test, without interlocking device. Last conviction 9.15.11 no where it shows this is required. Judge n commissioner say I’m clear n go test???

Anthony M. Avery
Anthony M. Avery answered on Sep 3, 2020

Not sure of your problem. But you need to try to get the License at another DOS facility. Otherwise you will need a very competent, and expensive, attorney to file an administrative action. That action could take at least a year, prior to appeals. Getting a blow meter for a little while... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Tennessee on
Q: Is universal language translator patented?

I meant to say, is Voice language translator patented. If not I want to patent it.

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

There are plenty of patents on translators, some of which may be considered universal. So, yeah, they are out there.

However, your universal translator that you construct may work in a totally different way, so you may be able to patent it.

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1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Q: Can I patent a Takeda compound already in use to a new use in humans which is not covered in the patent?

I have been studying a compound from Takeda in culture and in animals. The Takeda compound has unique actions on cells that not described nor predicted in the patent. Can I now make a user patent on the compound??

Steven Fairchild
Steven Fairchild answered on May 23, 2020

Absolutely. They're called "method of treatment" patents.

I'm very familiar with them and help you prepare an application for filing with the USPTO.

Q: Iv learned to draft a patent, my patent is beautiful, I may need an attorney to assist in litigation.

I am the inventor of web cam covers of which I have a provisional application. I'm looking for an attorney to assist in possible litigation, an attorney of whom will take a contingency case. This has already been proved I have a rock solid case. Davison or invention land tried stealing my idea... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Apr 2, 2020

Sorry, but there is very little chance of any attorney taking your case. For several reasons.

Firstly, just because you've filed a provisional application, does not mean that you have a patent. You need to file a regular application, prosecute it, and have the patent issue before you...
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1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Q: Best way for me to go about finding out if there are any current patents or pending patents for my dry fly floatant?

Just not sure the best way to search before spending the time submitting a patent request and don’t have the funds to pay for anything if it is already patented.

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

Best starting place is to do some searching using Google Patents and the USPTO Search tools. My slide set at http://bit.ly/Patent_Searching has some useful tips.

Once you find one relevant patent on the topic, that one should lead you to other patents. Those patents will lead you to...
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Q: Ok..this idea was originally stole from me by inventionland or davison. We live in a habitat for humanity home....

Now I was told christmas and my birthday the patent along with the buisness is mine I'm ne ceo.... now theres patents for humanity my land lords surely cant steal my riches and my buisness... there're non proffit.... for one thing. And for 2 none of this was or is possible with out me its... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jan 13, 2020

I am so sorry that you had a bad experience with this firm. I am not familiar with them, but that industry of helping inventors has many bad apples.

There are a number of invention promotion firms that take money from inventors and provide little or no value back. I do not know all these...
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1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Q: My name is cody I need a patent lawyer to claim what's rightfully mine which is the webcam cover patent

I noticed the dates were all wrong and the patent was not even granted but the product was all over I submited my idea to the uspto hours after it was granted iv sense been trying to contact them

Peter D. Mlynek
Peter D. Mlynek answered on Dec 7, 2019

I think that many patent litigators would be happy to talk to you or to your company's agent about the other party stealing your invention or infringing your patent.

Your first step should be to have your in-house lawyers find and interview several possible litigators. Once you get...
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1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Q: How do I obtain a patent for a tool I invented? Its a mechanics tools?

I have requested the services of a patent company, but was warned by an attorney to check into it myself.

Kevin E. Flynn
Kevin E. Flynn answered on Oct 21, 2019

It is at least possible that there is a patent services firm that is worth the money so I won't say that all are bad. However, that group of companies has a horrible reputation.

There are a number of invention promotion firms that take money from inventors and provide little or no...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Tennessee on
Q: If you have a fantasy sports game unlike the typical fantasy game can it be patented
Kevin E. Flynn
Kevin E. Flynn answered on Nov 4, 2018

Possibly, but it will be difficult. After the decisions in Supreme Court Cases Bikski and Alice, it is fairly difficult to patent a computer program unless the computer program makes the computer operate more efficiently.

Step One is that you should look at recently issued patents to see...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Tennessee on
Q: how can I find out if Gibson still has a patent on a GA-79RVT guitar amplifier made in 1961
Kevin E. Flynn
Kevin E. Flynn answered on Oct 17, 2018

It would be highly unusual for something that came out in 1961 to still have a patent as patent term back then was 17 years from issue. However, if for some reason they battled for decades to get a patent out, then a patent application filed back then could come out tomorrow and have a term of 17... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Tennessee on
Q: What is a utility patent?
Peter D. Mlynek
Peter D. Mlynek answered on Sep 26, 2018

It is just another name for a regular patent (i.e., not a design patent or a plant patent, both of which are rare).

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1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Q: How can I find out if there is an monetary benefit from patents filed by a deceased relative?

My late son worked for a large company from which we have requested a copy of any release he signed as a condition of employment, relinquishing any profit from patents he filed. We have not received a copy of any such release. How should we proceed?

Kevin E. Flynn
Kevin E. Flynn answered on Jun 22, 2018

First, I am sorry that your son has died. As a parent, I do not want to attend a funeral for any of my children.

You can check to see if any patents or published applications in the US system have your son as assignor (person granting rights)....
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2 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Tennessee on
Q: Patent/Copywrite/Trademark Question... I need some clarification.

I am starting a craft business and I have been looking into the law relevant to that. I recently read a blog post about how a person had to take down their clip art listing from Etsy because it infringed on a patent. The clip art design was a green tractor with yellow wheels. She said that there... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jan 19, 2018

There are a lot of people that are pretty unclear on the difference between patents, trademarks, and copyrights.

I cannot see a way for John Deere to own generic images of tractors under a utility patent. They could chase protection for a particular way their actual tractor (or a toy...
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1 Answer | Asked in Family Law, Child Custody, Child Support and Patents (Intellectual Property) for Tennessee on
Q: If my ex-wife has my name taken off my daughter's birth certificate will I have to still pay child support?

She wants to change our daughter last name to her maiden name and take me off the birth certificate

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jun 26, 2017

Yes, the birth certificate is not controlling or conclusive. If this is your child ( and since you call her your 'ex-wife" I assume you were divorced and the divorce papers establish a child support obligation), the only way your child support obligation will cease early ( prior to age 18... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Q: How should I go about getting a patent? I know there will be contracts involved, so I want to be careful.
Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 13, 2015

Please elaborate. Are you a health care provider?

1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Q: how is it possible that the US Government can put a patent out on marijuana?

how is it possible that the US Government can put a patent out on marijuana? i do not understand this because it is not something man has created.Thats just like me putting a patent in for water. So please elaborate for me. thanks

Adam Studnicki
Adam Studnicki answered on Aug 30, 2015

More information is needed to answer. A local patent lawyer can review the patent and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it...
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1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Q: Is there an official application data sheet 37 1.76 form for provisional patent application?
Hong Shen
Hong Shen answered on Jan 26, 2011

You do not need ADS for provisionals. All you need is the cover sheet SB16 to indicate the application is a provisional.

1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Q: If I am attempting to patent something, how much is a lawyer needed?
Paul Overhauser
Paul Overhauser answered on Jan 11, 2011

If you have experience with patents, you may not need an attorney. For example, if you are an inventor at a large company that has patented may of your ideas, you may be very familiar with the process and how to write an application. Failing this, you really should use an attorney. I say this... Read more »

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