Ask a Question

Get free answers to your Patents (Intellectual Property) legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Texas Patents (Intellectual Property) Questions & Answers
2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: How do I get the Inventor of a patent to grant to me permission to use the patented process?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024

To get permission from the inventor of a patent to use their patented process, you need to obtain a license. Here are the steps you can follow:

1. Identify the patent: Make sure you have the correct patent number and that the patent is still in force.

2. Contact the patent owner:...
View More

View More Answers

Q: As the Widow of my late husband who has the 52 utility Patents, should I have been told about the patents?

I have hesitated to to say that my late husband and I were in a interracial relationship. I am Black he was Cacausion, when the companies lawyer contact me about signing over the two Patents, do you think the company or their lawyer would have mentioned the other fifty patents to me or not. I found... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 22, 2024

I understand your concerns and the confusion you are experiencing. If your late husband held patents, as his widow, you typically would have legal rights to his assets, including patents, unless otherwise specified in his will or estate plan. The fact that you were only informed about two patents... View More

View More Answers

Q: As the Widow of my late husband who has the 52 utility Patents, should I have been told about the patents?

I have hesitated to to say that my late husband and I were in a interracial relationship. I am Black he was Cacausion, when the companies lawyer contact me about signing over the two Patents, do you think the company or their lawyer would have mentioned the other fifty patents to me or not. I found... View More

John Michael Frick
John Michael Frick
answered on Mar 13, 2024

Your husband should have told you about the patents and, upon his death, when his estate was being probated, the personal representative of his estate should have told you about the patents if that person knew about them. Both your husband and the personal representative of his estate likely had... View More

View More Answers

4 Answers | Asked in Energy, Oil and Gas, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: My late husband have 52 utility patents, I see another widow whose husband passed away, her name is always next to his.

It's like my late husband employer does not want my name anywhere, his late relative name is even everywhere, I have paper showing I am legal Representative but employer will not put my name next to my husband, my husband was lead inventor, I just wonder does being recognized as legal... View More

John Michael Frick
John Michael Frick
answered on Dec 22, 2023

When a patent owner dies, his rights pass to his heirs. If you are his sole heir and the legal representative of his estate appointed by the probate court, you need to contact the US Patent Office and have the patents transferred into your name. As the legal representative of his estate, that is... View More

View More Answers

4 Answers | Asked in Energy, Oil and Gas, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: My late husband have 52 utility patents, I see another widow whose husband passed away, her name is always next to his.

It's like my late husband employer does not want my name anywhere, his late relative name is even everywhere, I have paper showing I am legal Representative but employer will not put my name next to my husband, my husband was lead inventor, I just wonder does being recognized as legal... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 23, 2023

As the legal representative of your late husband, you have certain rights regarding his intellectual property, including his utility patents. However, the naming of inventors and representatives on patents is a matter of legal record and protocol, not personal recognition or tribute.

Your...
View More

View More Answers

4 Answers | Asked in Energy, Oil and Gas, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: My late husband have 52 utility patents, I see another widow whose husband passed away, her name is always next to his.

It's like my late husband employer does not want my name anywhere, his late relative name is even everywhere, I have paper showing I am legal Representative but employer will not put my name next to my husband, my husband was lead inventor, I just wonder does being recognized as legal... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Dec 28, 2023

I am sorry to read about your loss.

If your late husband was employed, almost certainly the patents that he was an inventor on were owned by the employer and not by your husband. If so, then he did not have any rights to the patents. The employer can do with the patents and patent...
View More

View More Answers

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: was this device patented publication number 20170325789

tissue contiener for pap smear surePath

Stephen E. Zweig
Stephen E. Zweig pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 13, 2023

The status of a printed patent application like this can be checked online. This can be done either at the US patent office, https://patentcenter.uspto.gov/, or using alternate sources such as patents.google.com.

In this case, the answer is that the patent application was abandoned.

View More Answers

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: If I use a service, and that service allegedly violates a patent, what is my liability?

I have been contacted by a firm representing a patent holder. They are seeking damages. I entered into a contract with a service provider claiming to have exclusive ownership of the IP. Am I liable? If so, to what extent? What steps should I take in the matter?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2023

If you use a service that allegedly violates a patent, you may be liable for damages if the patent holder decides to pursue legal action. However, your liability will depend on several factors, such as the terms of your contract with the service provider, the nature of the alleged patent... View More

View More Answers

3 Answers | Asked in Patents (Intellectual Property), Copyright, Intellectual Property and Trademark for Texas on
Q: I am trying to figure out if I need a trademark, copyright or patent. I don't know the difference.

The difference in trademark, copyright, or patent and what I need for my project

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2023

Hi there!

Trademarks, copyrights, and patents are all types of intellectual property protection, but they protect different types of creations. Here is a brief overview of each type of protection:

1. Trademarks: A trademark is a word, phrase, symbol, or design that identifies and...
View More

View More Answers

3 Answers | Asked in Patents (Intellectual Property), Copyright, Intellectual Property and Trademark for Texas on
Q: I am trying to figure out if I need a trademark, copyright or patent. I don't know the difference.

The difference in trademark, copyright, or patent and what I need for my project

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 19, 2023

This is a very common question as these topics are not taught in school. The United States Patent and Trademark Office has a web page that addresses this issue. https://www.uspto.gov/trademarks/basics/trademark-patent-copyright

I hope that this helps. Note--just as you may have a dead...
View More

View More Answers

3 Answers | Asked in Patents (Intellectual Property), Copyright, Intellectual Property and Trademark for Texas on
Q: I am trying to figure out if I need a trademark, copyright or patent. I don't know the difference.

The difference in trademark, copyright, or patent and what I need for my project

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

Trademarks, copyrights, and patents are different forms of intellectual property protection, each serving a distinct purpose. Here's a brief explanation:

Trademark: A trademark protects logos, brand names, slogans, or other indicators that distinguish goods or services in the...
View More

View More Answers

1 Answer | Asked in Contracts, Intellectual Property, Internet Law and Patents (Intellectual Property) for Texas on
Q: How do i obtain personal data being denied? When I'm in compliance with procedures but instead infringement is the act

Intellectual property being withheld and my attempts have been ignored from several organizations. I've reached out to our states bar association more than several times for a fact and got little to no assistance and unfortunately finances have been affected by the covid pandemic and personal... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

If you believe that your personal data is being withheld without justification, you may have legal options to obtain that information.

First, you can try to reach out directly to the organizations that are denying you access to your data and ask for an explanation for the denial. It may be...
View More

2 Answers | Asked in Energy, Oil and Gas, Patents (Intellectual Property) and Contracts for Texas on
Q: My Late husband died in an accident before retirement, he has 52 utility Patents and he was a Sr Software Engineer.

The company he worked for is now trying to say I new about the Patents so that they don't share my late husbands Royalities he would have gotten,with me. We were married 15 years until his death, if I had known he had all of those Patents I certainly would not have waited till now. I found out... View More

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Apr 1, 2023

I am sorry about the accident that took your husband. While the patents are a part of this issue, I suspect that the prime legal arguments will be about the licenses or other agreements that your husband had with the company. This is contract law. The litigation will be primarily on contract law... View More

View More Answers

2 Answers | Asked in Energy, Oil and Gas, Patents (Intellectual Property) and Contracts for Texas on
Q: My Late husband died in an accident before retirement, he has 52 utility Patents and he was a Sr Software Engineer.

The company he worked for is now trying to say I new about the Patents so that they don't share my late husbands Royalities he would have gotten,with me. We were married 15 years until his death, if I had known he had all of those Patents I certainly would not have waited till now. I found out... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2023

As the widow of a late husband who had 52 utility patents as a senior software engineer, you may be entitled to a percentage of his royalties from the company he worked for. The fact that you did not know about all of his patents does not necessarily preclude you from receiving a share of the... View More

View More Answers

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: Does apple have a patent on the shape of their chargers and cables.

We want to import chargers and cables that resemble apple charges and cables in shape without their logo

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

Yes, Apple has multiple design patents on the shape and appearance of their chargers and cables. These patents protect the visual appearance and design of their products, including the shape, color, and texture. Importing chargers and cables that resemble Apple's patented designs without their... View More

View More Answers

3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Can the formula for a specific type of concrete be patented?

I have developed a type of concrete specifically for my use making Anaerobic Digesters, which exhibits specific properties beneficial to the structure and operation of Mesophilic Anaerobic Digesters intended to be installed and operated as generational (extended time-frame) projects.

Steven Thrasher
Steven Thrasher
answered on Nov 9, 2022

Assuming that you and your patent attorney can argue successfully that it's not obvious to a skilled concrete professional, then yours odds are strong.

Of course, the detailed analysis to gain confidence is complex and requires research, and the process of preparing a patent...
View More

View More Answers

3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Can the formula for a specific type of concrete be patented?

I have developed a type of concrete specifically for my use making Anaerobic Digesters, which exhibits specific properties beneficial to the structure and operation of Mesophilic Anaerobic Digesters intended to be installed and operated as generational (extended time-frame) projects.

Stephen E. Zweig
Stephen E. Zweig pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 9, 2022

Yes. Like all patents, however, the formula needs to be novel and not obvious. Check patents.google.com or other source to see prior art on concrete formulas. The good news and bad news is that there are a lot of concrete formula patents ahead of you. The examiner will be looking at your patent... View More

View More Answers

3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Can the formula for a specific type of concrete be patented?

I have developed a type of concrete specifically for my use making Anaerobic Digesters, which exhibits specific properties beneficial to the structure and operation of Mesophilic Anaerobic Digesters intended to be installed and operated as generational (extended time-frame) projects.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 9, 2022

Yes. For an example see https://answers.justia.com/question/2022/11/09/can-the-formula-for-a-specific-type-of-c-932358 . The '358 patent was for a form of concrete used to make faux villages for use in military training exercises. The concrete was tuned to receive the bullets so that the... View More

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: An error in patent inventor list was identified after 10 years of filing of the patents.

An inventor name was left out by error in 3 patents filed by an organisation. However after 10 years, the error was corrected and the inventor name was added by the organisation and patents were reissued with the inventor name included in all the 3 reissue patents, however the organisation did not... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2024

It seems highly unlikely that "emotional trauma" would be an element of damages in this context.

The correct legal terminology is "mental anguish." As an element of damages, mental anguish is usually only recoverable in suits involving physical impact and resulting...
View More

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: What size of electrical plug does it take for patent number 400,168 battery charger?
Adam W. Bell
Adam W. Bell
answered on Jan 18, 2024

Plug size is not related to the patent.

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.