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Texas Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: I need to patent a saying and I looked it up and found someone else has a patent, but I think it's no longer active.

What do I need to do?

Kevin E. Flynn
Kevin E. Flynn answered on Dec 1, 2021

You cannot patent a saying. Perhaps you want to seek a trademark. If so, you should re-post this question for trademark attorneys to comment.

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: Does my business partner need to transfer his patent to our new LLC?

My business partner personally holds a patent for a safety product. We are forming an LLC to manufacture and sell the product. Is it necessary (or preferred) for him to assign ownership of the patent to the LLC? Can the LLC license the patent (to other manufacturers) without owning it? Is he... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jul 30, 2021

I won't give you final answers as this question gets beyond my national patent registration and touches on items related to Texas law. I am licensed in North Carolina and do not hold a state license in Texas.

I will give you some things to discuss with your attorney.

1) What...
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1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: I designed and made a luggage rack for motorcycles, that has tracks to accept Milwaukee Packout. Am I violating patents?

I hope to market and patent my design, but I’m unsure of my legal justifications (patents)

Peter D. Mlynek
Peter D. Mlynek answered on Jul 28, 2021

Unfortunately, no patent attorney can give you an answer (or even a guess) without doing the necessary searches and other legal work. Sorry, but you will need to reach out to a patent attorney.

You will need some sort of legal opinion. You have two broad options. Firstly, you can get a...
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1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: If I receive a patent for a device to perform a specific function, can I use that exact device for different function?

And still be protected under that patent?

Kevin E. Flynn
Kevin E. Flynn answered on May 26, 2021

It all depends on what you have in the specific language of the claims. If the claims are closely tethered to a specific use case then they may not apply to another use case.

Not sure what you mean by function. A patent on a method of using a screwdriver to drive screws is unlikely to...
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1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: How do I find out if a product is patented or not?

A manufacturer has more than 1800 active patents. The manufacturer produces more than 6000 products. How can I find out if they are patented for a particular item which I want to buy aftermarket brand?

Peter D. Mlynek
Peter D. Mlynek answered on May 11, 2021

You should look for a patent marking on the product or packaging that the product comes in. Although there is no legal requirement to put patent marking on products, a manufacturer that has so many patents would typically mark the product in order to take advantage of the notice requirement.... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: I have owned a nonprofit organization since 2007 and I recently found a way to create a Digital 3D Business Cards.

Now my nonprofit organization I've owned since 2007 the name of it is Hurley paranormal out of West Texas and her leaving my last name as a trademark but with these new business cards made 3D and digital is there anyway I can get a patent on that or is they already done this

Peter D. Mlynek
Peter D. Mlynek answered on Apr 26, 2021

Yes, if it your digital 3D business cards are novel and non-obvious then you should be able to get a patent on it.

If you have not disclosed your invention publicly before you apply for a patent, then you should be able to get a patent anywhere in the world. If you have disclosed it but...
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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: Is Hydra-Bore available to name a new product. Product is mounted on a Power Booster(tm) jets flow opposite direction.

External jets face opposite direction operated with water. Used on sludges 2 clean & for hydro excavation.

Peter D. Mlynek
Peter D. Mlynek answered on Mar 30, 2021

No attorney on this site is going to give you a definite answer to any specific legal question, but "Hydra-Bore" does not appear to be listed as a federal trademark. So that is the good news.

You have to be careful though. If the new product is something that the name suggests,...
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1 Answer | Asked in Business Formation and Patents (Intellectual Property) for Texas on
Q: can i sell my own smart mirror?
Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Mar 30, 2021

Is your smart mirror your invention or did you just make small modifications to an existing product? If you made some modifications to an existing product, is that product patented? If so, it is best to consult an attorney, who can review the patented product, and advise you on whether your... Read more »

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Texas on
Q: I want to create and patent a license plate trim. How do I do that?
Peter D. Mlynek
Peter D. Mlynek answered on Feb 15, 2021

You need to contact a patent attorney to get this done.

You most likely have two options depending what aspect of the license plate trim you are trying to protect. If you are trying to get coverage for the ornamental design of the trim, then you'll likely need a design patent. If you...
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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: When a patent expires after 20 years and is assigned to another person or institution is it still in the public domain?

A patent for a technology I am looking at expired in August after 20 years and it says it was assigned to Bank of America. Does this mean Bank of America now owns the intellectual property or is the IP now open to the public? Would a licensing agreement with Bank of America be required to use this... Read more »

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Nov 26, 2020

Dear Ian,

The assignment of a patent to an assignee does not affect the term of a patent. In other words, if the patent is indeed expired, it is now in the public domain. You should make sure that the patent has expired.

Liliana Di Nola-Baron, J.D., Ph.D.

Attorney at Law...
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3 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: If an invention company gets a patent on a potential clients idea. Does the client have any legal rights for the idea?
Stephen Kontos
Stephen Kontos answered on Oct 22, 2020

It depends on the agreement with the invention company and whether the inventor assigned his or her rights to the invention company. Inventions in the United States are patented under the name of the inventor. But inventorship and ownership are different questions. If the inventor transferred... Read more »

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3 Answers | Asked in Contracts, Copyright and Patents (Intellectual Property) for Texas on
Q: How can I go about researching to confirm my new idea doesn't copy someone else's patent.
Stephen Kontos
Stephen Kontos answered on Oct 19, 2020

You should consult with an experienced patent lawyer. This is not something you should try on your own. Determining whether you infringe a patent is complicated and best left to professionals. A patent lawyer can help you find the relevant patents in your industry and advise you during product... Read more »

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: I am looking for a patent lawyer that specializes in weapons, specifically Guns - All Types - can you help

New type of configurable weapon that can be quickly modified for rapidly changing tactical situations - also new weapons for personal defense and law enforcement

Timothy John Billick
Timothy John Billick answered on Sep 28, 2020

Yes I can certainly help with this matter. I have experience with mechanical and electrical inventions so feel free to check out my background and drop me a line at www.tbillicklaw.com

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: Can I patent a similar product that’s on the market that has a different feature that makes it unique??
Kevin E. Flynn
Kevin E. Flynn answered on Sep 9, 2020

Yes you can. The telephone was first patented more than 100 years ago and people are still patenting improvements.

It is important to distinguish between patentability (the ability to get a new patent) and freedom-to-operate (the ability to make and sell your product in light of earlier...
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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: My feet dry, flaking, itching. Store items don't work. I made my own with household products. It works. Can I patent it

It's a foot cream.

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Aug 25, 2020

You will need a patent attorney to run a patentability search on your foot cream. If your cream is novel, then the patent attorney can prepare and file the patent application for you with the United States Patent and Trademark Office.

Please call me if you wish to receive more information.

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1 Answer | Asked in Patents (Intellectual Property) and Copyright for Texas on
Q: Does someone have a patent on dog whelping boxes or cages with uv lights to kill all germs, bacteria and viruses?

Lots of breeders and pet owners have puppies die every month from Parvovirus in my area.

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

Short answer is that I do not know if whelping cages/boxes with UV lights are covered by a patent. Using UV lights to kill bacteria etc. is fairly well known so I am not sure that I see the inventive twist that would be covered by a patent

You may want to do some preliminary searching...
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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: if i had a provisional patent a few years back. can you work on its previous search and resubmit with adjustments?
Peter D. Mlynek
Peter D. Mlynek answered on Aug 25, 2020

This is a very common question.

You filed a provisional patent application, but you did not file a regular utility application like you were supposed to in order to get patent protection. Your provisional patent application has thus lapsed.

Yes, you can file another patent...
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3 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Texas on
Q: Can someone patent, trademark, or copywrite their first, middle, and/or last name?
Kevin E. Flynn
Kevin E. Flynn answered on Aug 18, 2020

Not a candidate for a patent.

35 USC 101 Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title....
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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: Can we manufacture and sell this product

We are planning to start e commerce business and finalized a product after browsing lots is products on global sourcing. But when we searched same product on amazon it says a patent has been filed on the product - US Utility Patent No. US 9585455 B2. US Design Patent No. USD 821033. Can we... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jul 29, 2020

Those are granted patent numbers. If you make, use, sell, or offer to sell a product in the United States that is covered by these patents, then you will be infringing. As you know of the patents, they may seek to enhance the damages up to 3x for willful infringement.

You need to either...
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2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Texas on
Q: My friend and I have come up with an idea that we want to market. It is extremely unique.

My friend and I have come up with an idea that we want to market. It is extremely unique. We have been researching for a few days now to make sure there is nothing like it on the market. We were trying to figure out if we need a patent to manufacture the product to sell or if we need a copyright.... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jul 27, 2020

It is not clear what your invention is so my answer is going to be somewhat general.

You asked "can we file the paperwork with the U.S. ourselves"? The answer is yes you can. The USPTO allows inventors for file patent applications without the assistance of patent attorneys....
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