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Virginia Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Employment Law for Virginia on
Q: I'm a resident in VA going through an offer letter and I want to know my rights on inventions outside of work

I'm a resident in Virginia considering an embedded software engineer offer letter within the same state with a proprietary info and inventions agreement. There is ambiguity in these terms and I want to know what protections are already in place for my inventions outside of work time that... View More

James L. Arrasmith
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answered on Oct 31, 2023

In Virginia, like many states, employment agreements often include clauses related to proprietary information and inventions. Typically, inventions or creations made during employment or using employer resources belong to the employer. However, if you invent something on your own time, without... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Virginia on
Q: Patent expiration date for Welch Allyn Kleenspec Universal Otoscope speculum, possibly patent # US 6,648,845 B2 ?

Question answered: patent # US 7,354,399 B2 has patent date April 8, 2008, so expiration date is April 8, 2028.

Adam W. Bell
Adam W. Bell
answered on Oct 19, 2023

US664884

That's Method and apparatus for determining hemodialysis parameters.

1998-01-07

Application filed by Fresenius Medical Care North America

1998-01-07

Priority to US09/003,798

2003-11-18

Publication of US6648845B1...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Virginia on
Q: Patent question. Can I apply for a single design patent for the spoon, fork, and knife with the same design?

I want to apply for a design patent for a spoon, a fork, and a knife. In my understanding, one patent application is for a single item. However, my design is the same for all 3 utensils. In this case, should I apply for the design of a handle instead? Can I say, "ornamental design of the... View More

Darrin A. Auito
Darrin A. Auito
answered on Sep 18, 2023

You should discuss with an IP attorney that has experience with design applications. That said, with proper usage of solid and dashed lines, it sounds like a single embodiment can cover all three designs, since ornamental feature is directed towards the handle. I'd recommend a different title,... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Virginia on
Q: Patent question. Can I apply for a single design patent for the spoon, fork, and knife with the same design?

I want to apply for a design patent for a spoon, a fork, and a knife. In my understanding, one patent application is for a single item. However, my design is the same for all 3 utensils. In this case, should I apply for the design of a handle instead? Can I say, "ornamental design of the... View More

James L. Arrasmith
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answered on Sep 21, 2023

Yes, you can potentially apply for a single design patent that covers the ornamental design of the handle of the spoon, fork, and knife if they share the same design. In your patent application drawings, you should include images that clearly show the design elements of the handle and any... View More

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1 Answer | Asked in Patents (Intellectual Property) for Virginia on
Q: Good morning-can I reestablish a patent that I submitted to the patent office?

patent number-420070276359

James L. Arrasmith
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answered on Feb 25, 2024

Once a patent has been submitted to the patent office and granted a patent number, it typically cannot be reestablished. The patent office grants patents based on the novelty, usefulness, and non-obviousness of the invention at the time of submission. If your patent application was rejected or... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Virginia on
Q: how do I obtain a patent that has to be approved by the F.C.C.
Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 27, 2022

US patents are approved by the US Patent and Trademark Office. Period.

You may need other approvals from other agencies to make and use the product but they don't issue patents.

This happens all the time with pharmaceutical products. There is work to obtain patent protection...
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1 Answer | Asked in Patents (Intellectual Property) for Virginia on
Q: I am a high school student and I would like to file a patent. Is it possible to receive some help and guidance.

Use of a technology currently used in the field of medicine to be put to use in another area. I would like to speak with someone about how to write claims and generally how to do the application.

Peter D. Mlynek
Peter D. Mlynek
answered on Mar 27, 2022

In order to write a patent, you really need specialized training. This is not something that you could do yourself. Legally, you are allowed to, but practically it is not feasible.

As far as taking a product, process or technology from medicine and applying it to another field, this is...
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1 Answer | Asked in Patents (Intellectual Property) for Virginia on
Q: I am the primary on 19 patents at my company. what are the ramifications for me?

company employment states whatever is developed while employed belongs to the company. if they are going to sin off these patents/ideas or sell them as equity when selling the company, can there be anything in it for me?

Carl Massey Jr
Carl Massey Jr
answered on Dec 1, 2021

Based on what you have stated, it isn't likely that you have a legal right to any compensation. You begin your question by noting that "company employment states whatever is developed while employed belongs to the company...." This aspect of an employment agreement, coupled with... View More

1 Answer | Asked in Patents (Intellectual Property) for Virginia on
Q: Once my PPA is accepted, does that mean my patent will be granted?
Kevin E. Flynn
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Kevin E. Flynn
answered on May 9, 2020

No.

The acceptance of a provisional patent application is a clerical matter. They just make sure that you submitted something and paid the fee. It is hard to not get a filing receipt for a provisional patent application.

To get a non-provisional patent application granted takes...
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2 Answers | Asked in Patents (Intellectual Property) for Virginia on
Q: Does my provisional patent application count as a patent?
Kevin E. Flynn
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Kevin E. Flynn
answered on May 9, 2020

It counts with respect to being able to say that you are patent pending. (at least for the year that it is pending)

It counts in that you can sell the product or otherwise publicly reveal the idea without losing absolute novelty that is needed in some patent systems. (at least for the...
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2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Virginia on
Q: Can you use the phrase Monday night raw even though it’s a WWF show?

If one wanted to use it within the title of their own work. Is this a patent, trademark, or copyright issue?

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 5, 2020

This is not a patent issue.

Kevin E Flynn

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Q: Are we allowed to file and own a patent while working for a company? The patent is not related to the company field.

Our contract mentions

"conceives, creates, invents, designs, develops, contributes to or improves any works of authorship, inventions, materials, documents or other work product or other intellectual property, either alone or in conjunction with third parties, at any time during... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Jan 7, 2020

This question comes up all the time. You will need to take the contract and employee manuals that deal with the duty to assign inventions to an attorney in the state where you work. There are some states that have limits on the scope of this mandatory assignment clause for employees.

It...
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1 Answer | Asked in Patents (Intellectual Property) for Virginia on
Q: I am looking to file a patent under Using A Combination Of Features (e.g., Signature And Fingerprint) class 382/116

I want to know how you can help and fee

Griffin Klema
Griffin Klema
answered on Feb 22, 2019

Patent attorneys analyze an invention to determine if it is patentable (is allowable subject matter under Section 101, is novel under 102, and is non-obvious under 103). Drafting a patent application is very specific, especially the claims. A method claim in a utility patent may run between $3,000... View More

2 Answers | Asked in Patents (Intellectual Property) for Virginia on
Q: hello I am wondering if I have a patentable process I am using a similar process to patent #9726971 but using a uv ink

the uv ink gives the advantage of being able to remove the ink from the sub straight after exposure so that there is no ink on the final product

Kevin E. Flynn
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Kevin E. Flynn
answered on Jan 31, 2019

The question is whether those of skill in the art looking at Pat. No. 9,726,971 and everything previously known in all public writings in all languages from the beginning of time would consider your modification of the process in 9726971 to be a non-obvious modification. Notice that the pool of... View More

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1 Answer | Asked in Patents (Intellectual Property) for Virginia on
Q: This patent is regarding the internet of thing and do you deem current internet of things implementation infringing on

Internet of things implementation infringement on this patent?

Publication number: 20040132530

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 20, 2018

That publication number is a publication of Application No. 10/470,403, which was abandoned. This application never matured into a patent, so there cannot be any infringement of it.

1 Answer | Asked in Patents (Intellectual Property) for Virginia on
Q: Does my patent cover Drones as well?

Please refer to claim number 6

Kevin E. Flynn
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Kevin E. Flynn
answered on May 20, 2018

Your question does not convey the relevant patent number. You may want to re-post the question with a reference to a specific patent number.

I hope this helps.

Kevin E Flynn

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Virginia on
Q: What happens if you come across an invention w/status of "abandoned" on the application? Can you move forward with it?

Application was submitted in 2012. Abandoned status in 2014. I noticed that the product has been manufactured in China and available to import.

Kevin E. Flynn
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Kevin E. Flynn
answered on Mar 7, 2018

If an application is abandoned far enough back that it is not a situation where the response was lost in the mail (and may be revived), then you should check three things.

1) Sometimes when things are not going well, an applicant will file a continuation or a continuation-in-part and...
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1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Copyright for Virginia on
Q: how can multiple companies sell sewing tape measures without infringing on a patent?

Multiple companies like Singer, Dritz and less well known companies sell sewing tape measures. How do they escape infringing on patents? Further, how can multiple companies sell retractable tape measures without infringing?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Mar 5, 2018

There are a few options for how multiple companies sell a product when there is a patent for that product.

1) The patent has expired at the en of its normal term or early for failure to pay a maintenance fee. Once the patent is no longer in effect, companies are free to create a generic...
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2 Answers | Asked in Patents (Intellectual Property) for Virginia on
Q: I have a patent problem. I am looking for a lawyer that would help me and compensated for the damages recovered.

I invented the machine and a research-based protocol that is being used without my permission. Large company is now selling my machines and using my research to sell a machine designed by me.

Peter D. Mlynek
Peter D. Mlynek
answered on Feb 28, 2018

Well, I think that you are in luck. Patent litigation was typically not taken on a contingency basis, but after the NTP v RIM case, where the plaintiff attorney earned over $200 million on a $612M verdict, many more firms are looking at this. Typically, however, you should be ready to pay a... View More

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2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Patents (Intellectual Property) for Virginia on
Q: my 8 year old son told a fib about his step dad shooting him with a bebe gun what do i do?

my son took his step dads bebe gun tried to play with it. he tried to get it out of my sons hands and my son pulled the trigger and it shot my sons wrist and left a bruse/cut. the school asked my son wat happened and he told them a fib and said that rob had him hold a pumpkin while rob shot it but... View More

Jan F Hoen
Jan F Hoen
answered on Nov 9, 2017

He should retain defense counsel. That is a serious charge.

Call Ray Ferris in Roanoke.

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