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Texas Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Consumer Law, Copyright and Patents (Intellectual Property) for Texas on
Q: Would it be possible for an unrelated individual to use this process to design a consumer good after getting investors?

US Patent Application for LASER INDUCED GRAPHENE MATERIALS AND THEIR USE IN ELECTRONIC DEVICES Patent Application (Application #20200112026)

Do patent applications on new methods of producing material products make it impossible for others to use the methods in their own designs?

Thankyou

Kathryn Perales
Kathryn Perales answered on Jun 29, 2020

If a granted patent describes the same method that you want to use, then the inventor can prevent you from using that process without their permission. If a patent application has not yet been granted, then the inventor does not yet have the right to stop you. However, if the patent is granted... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: Infringement of patent

I am launching my first product. However, my competitors have patents but I am thinking to change the design not function. Would my competitors' patents be infringed? Is it possible to get a patent for my product? Thank you!

Anthony Santangelo
Anthony Santangelo answered on Apr 7, 2020

This is a very difficult and complicated question. A non-provisional patent generally covers the function of an item whereas a design patent covers the ornamental look of a product but not its function. You can still infringe on A patent by changing its design if your new product “reads on”... Read more »

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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: How do you file a patent?

If you have an item that you want to patent, what are the steps to get a patent, or where would you go to get a patent?

And can the patent include more than one person for the creation of the object?

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

To get a patent, you need to reach out to a patent attorney, and the patent attorney will take care of it for you.

If you do not know a patent attorney, reach out to any attorney that you know, and he will put you in touch with a patent attorney who should be able to help you.

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1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: I want to build shipping container pools but am worried about patents since there is only so many configurations?

By using the same vessel there are only so many ways to configure a pool. Should I be worried about other builders patents or would they actually hold up as long as I don’t blatantly steal IP.

Peter D. Mlynek
Peter D. Mlynek answered on Feb 8, 2020

Whenever you want to start producing and marketing products that are not commonplace or have not been around for a long time (i.e. 20+ years), yeah, you should contact a patent attorney about this. The patent attorney will give you options for you to pursue.

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: What is the name of the registered patent agent/attorney who filed the application on behalf of the inventors? p '719

Patent No. 10531719

Peter D. Mlynek
Peter D. Mlynek answered on Feb 8, 2020

According to the facepage of US Patent 10,531,719, the name of the patent attorney/agent is Celia H. Leber.

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: Mfrs offered a license agreement for my utility patent, 18% royalty but want me to pay them 8K to rep. Is that normal?

Non-exclusive, 2yr contract. They claim it is because they are taking all the risk. I already have product inventory, cads, engineering designs.

Kevin E. Flynn
Kevin E. Flynn answered on Jan 11, 2020

Your question is actually beyond the pure practice of acquiring patents. This is licensing (a form of contracts) and you should hire competent counsel that has negotiated a number of patent licenses. I would be leery of putting up money as you don't know if they will earn it. You may want... Read more »

1 Answer | Asked in Real Estate Law, Landlord - Tenant, Patents (Intellectual Property) and Probate for Texas on
Q: Who would be the owner of a title or have claim to the title to real property if...

My father transfered a property to my mother through a special warranty deed that my grandmother had originally transfered to both of them through a warranty with vendor's lien but prior to this in '72 one half of the interest was transferred by a quitclaim deed to my grandmother while... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 6, 2019

The only way any attorney can give you a definitive answer would be to review the entire chain of title with his or her own eyes.

2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: Am I able to manufacture an item similar to this patented design without repercussions?
Peter D. Mlynek
Peter D. Mlynek answered on Aug 3, 2019

If you are infringing, then no. To get a proper answer, you need to hire a patent attorney.

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: We have a provisional patent registered with an intention to convert-file for a regular patent.

We have disclosed this patented process to a large company under NDA (1 year term). We have several meetings with them, and they were very interested. At some point they broke off all talks with us, and we know that they are working on this technology evaluation and further testing in house but... Read more »

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

Your situation is serious and not one for freebie answers on a service like Justia. My only advice is that you need to consult with an attorney with relevant skills ASAP. As food for thought to help you get ready for that meeting, here are some things to think about. My suggestions are not... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: If patent number 4306706 was done in 1981, is it still good or expired?

Can the patent be renewed by someone else ? Would it keep the same patent number?

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

That patent, like all other patents issued in 1981, has expired a long time ago.

No, it cannot be renewed. Once it is expired, anyone to use anything claimed or disclosed in the patent.

However, there are other patents that build on the technology disclosed in that patent.

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Dear Sir/Madam, My IP or patent rights stolen by Texas Instruments Inc. I need help.

My IP or patent rights stolen by Texas Instruments. I did not give rights to TI about this patent or application. I need help.

Application #20180348152:

https://patents.justia.com/patent/20180348152

Kevin E. Flynn
Kevin E. Flynn answered on Mar 27, 2019

The assignment database lists an assignment from you to TI. https://assignment.uspto.gov/patent/index.html#/patent/search/resultAbstract?id=20180348152&type=publNum

You should consult with a local patent attorney to sort out the nuances of what you assigned versus what is in this...
Read more »

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3 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: If I manufacture an accessory for the Iphone, what keeps Apple from suing me and taking my product?
Kevin E. Flynn
Kevin E. Flynn answered on Mar 21, 2019

That is not how patents work. They do not have a patent on "the Iphone" . They have patents on very specific features that can be used on a mobile phone. They likely have lots of other patents. Unless you have all the required nouns and verbs in an independent claim of a patent that... Read more »

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: How can I prove my own property on the patent after publishing?

I am Meda, a postgraduate student at International center of nanomedicine.

I've developed new nanomaterials and send it by email for a doctor who lives in Texas, USA, he gets the results and publish a US patent without know me.

I've materials, methods, and instruments... Read more »

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

I am going to assume that your fact pattern is that you invented a new nanomaterial and communicated details about this new material to a person in the US. That person has subsequently filed a patent application which you have seen as it has published.

Step 1 -- take care to preserve all...
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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: I invested in a company many years ago and was one of 5 original investors how can I check to see if a patent has been

profitable ,used by any company ?I do know there's no statue of limitations on fraud in Texas.

Kevin E. Flynn
Kevin E. Flynn answered on Mar 4, 2019

This tool might be helpful. Just as you record your ownership of a house with the local county records department, you record the movement of patent rights from an inventor into a company. If you know the name of the company you invested in, you can look for that company name as the assignee in... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: How much it would be if I request patents for Machine Learning Patents (Class 706/12).?
Kevin E. Flynn
Kevin E. Flynn answered on Nov 6, 2018

Step 1 -- you can pull up issued patents with class 706/12 using the USPTO search tools. http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&u=%2Fnetahtml%2FPTO%2Fsearch-adv.htm&r=0&p=1&f=S&l=50&Query=ccl%2F706%2F12%0D%0A&d=PTXT (Long URL as I... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: If I performed majority of the work for a patent, but my name is excluded in the list of inventors. What can I do?
Kevin E. Flynn
Kevin E. Flynn answered on Oct 3, 2018

First, the concept of being an inventor is not directly related to the percentage of work by the various members on the team. I have filed patents where team members that did much of the modeling, documentation, testing, and even optimizing of a design did not get named as a co-inventor as they... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: If somebody steals your intellectual property rights for patents documents can you still pursue the litigation?

I have a torn of the document and no notorization proof (etc)

Kevin E. Flynn
Kevin E. Flynn answered on Aug 6, 2018

I am not sure that I have your precise question but let me take a guess.

FACT Pattern

I am guessing that you invented something and had some level of documentation of your development and proof of date of conception of that invention. That material is now largely gone....
Read more »

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: How do you find the value of a patent?

I know which ballpark I'm in but I need to bring it on down to a science!

Peter D. Mlynek
Peter D. Mlynek answered on Aug 4, 2018

The COST of getting a single US patent is several tens of thousands of US dollars. It could be as little as $10K, or as much as $50K+. It depends on many factors.

Now, the VALUE of a patent, once the US Patent Office grants it, is determined the same as the value of anything else. The...
Read more »

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Why would the patents show up on google and not on the uspto.gov website?
Peter D. Mlynek
Peter D. Mlynek answered on Jul 27, 2018

Typically, it is the other way around. It appears to take several months for US patents to show up on Google, whereas patents show up on UPSTO the day that they are issued.

But some foreign patents do not show up on USPTO's site, but Google may have them on their site....
Read more »

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: Is this patent still valid?

I am the patent holder and am searching to see if the patent is still valid and if not how do I renew?

Peter D. Mlynek
Peter D. Mlynek answered on Jul 25, 2018

To check if all the fees have been paid, go to https://fees.uspto.gov/MaintenanceFees .

Under certain circumstances you can pay maintenance fees in expired patents to reinstate the patents. See, https://www.uspto.gov/web/offices/pac/mpep/s2590.html

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