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Texas Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Energy, Oil and Gas and Patents (Intellectual Property) 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... Read more »

Kevin E. Flynn
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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... Read more »

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
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James L. Arrasmith PRO label
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... Read more »

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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
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... Read more »

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Does a US method patent protect the domestic sale of foreign-made-goods constructed via the US-patented method?

I think I have a novel method of manufacturing a category of widgets. The method will make manufacture cheaper and faster for a subset of these widgets (but not all). My target audience for these widgets is within the US. Each individual widget could receive its own utility patent, but it... Read more »

Erik Špila
Erik Špila
answered on Sep 28, 2022

Dear Mrs or Mr,

in your described case, I would say that as the patent is the territorial right that you would be protected in the territory of the U.S. However I am an IP lawyer in EU, so I am taking into account the principles of IP law and my legal knowledge. So in order to be sure about...
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1 Answer | Asked in Business Formation and Patents (Intellectual Property) for Texas on
Q: RetailMeNot suing Honey for patent infringements.

Hi my question is regarding RetailMeNot suing Honey for patent infringements.

According to RetailMeNot’s suit, Honey infringes on U.S. Patents 9,626,688; 9,639,853; 9,953,335; and 9,965,769, which detail technologies related to things like facilitating access to promotional offers,... Read more »

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 9, 2022

It is possible for someone to start up another coupon site. You just have to be outside of the scope of the claims. In this particular case, the four patents have very long independent claims, suggesting that one should be able to work around these claims.

If you are trying to start an...
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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: I’d like to find out how to get permission to use a patent
Erik Špila
Erik Špila
answered on Sep 8, 2022

Hi,

the main option to obtain permission to use a patent is by contacting its owner. But first I would recommend you to find a patent in patent database to check if its stil valid in your territory. If it is valid check the owner or representative of the patent and contact them to negotiate...
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1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: How long does it take for a patent to expire? Animal gate latch mechanism Patent number: 4962953
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 11, 2022

This patent expired 20 years after filing for an expiration date of January 31, 2010.

Kevin E Flynn

1 Answer | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Texas on
Q: Is it legal to use screenshots from software I've purchased, in training course material I create and sell - screenshots

only, not the software itself - without compensation to or permission of software seller?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 3, 2022

There is not a patent question here. This is a question of your end user agreement and possibly copyright law.

1 Answer | Asked in Copyright, Business Law and Patents (Intellectual Property) for Texas on
Q: I am trying to find the patent for the brush guard that GM put on their Commercial Utility Cargo Vehicle (CUCV).

These vehicles were provided to the US military from 1984 - 1987. I believe similar brush guards were an option on GM trucks as early as the 1960's. I would like to reproduce this brush guard for the same GM vehicles and other vehicles with slight modifications. Thanks for any help you can... Read more »

Peter D. Mlynek
Peter D. Mlynek
answered on Mar 29, 2022

Sorry to be getting to this so late.

This is a common type of question, but unless the brush guard was ornamental, finding the patent is not going to be very helpful. The drawings that come with patents are there to help the reader understand the invention, and are not meant to be...
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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
PREMIUM
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
PREMIUM
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
PREMIUM
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,...
Read more »

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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...
Read more »

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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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