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Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for Colorado on
Q: Need help regrading patent

We have received irrelevant infringement patent on Amazon and looking someone who can help us to solve this issue

Erik Špila
Erik Špila
answered on Aug 22, 2022

Dear Mrs or Mr,

if this issue is still valid, you can PM me more details about this and I can have a closer look at this.

1 Answer | Asked in Products Liability and Patents (Intellectual Property) for Minnesota on
Q: I have an idea for an invention and I've talked to companies about it I do not have a patent but I don't want it stolen

I can't afford a lawyer was looking for a one pro bono seems to be none in St Paul Minneapolis area how do I do this myself or can I

Erik Špila
Erik Špila
answered on Aug 22, 2022

Dear Mrs or Mr,

if you want to be more sure that your invention will not be stolen, there is an option to sign non-disclosure agreement with your business partner/company you are talking to about your idea. Always inform such company that you insist on signing this before you talk about...
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1 Answer | Asked in Patents (Intellectual Property) for Minnesota on
Q: I have an invention and I've researched it and there's no one in the world and I need a patent but cannot afford one who

I need help with a invention and companies are calling me and but I don't know what to do as far as them not stealing my idea

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Aug 19, 2022

This might help. The USPTO has a network of providers that provide pro bono assistance to inventors that cannot afford patent attorneys.

https://www.uspto.gov/patents/basics/using-legal-services/pro-bono/patent-pro-bono-program

There are also legal clinics at some law schools...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: I would like to patent a product idea and need help moving forward with that. Is the product patentable etc.

Is the product patentable, how do I move forward if it is and what the cost is.

I have no problem paying a lawyer to do so if the product is patentable and

will pay a fee to know if it is patentable.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Aug 18, 2022

It is near impossible to "know" that something is patentable as the world is a big place and any reasonable prior art search is not going to check every obscure article in every language. (Prior art includes anything written since the beginning of recorded history in all languages that... Read more »

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Dear Sirs/Madams, I found a patent filed on this website that is actually based on my own work. How do I proceed?

The patent in question is based on my Ph.D. work and has been subsequently published. I would like to be at least mentioned as an inventor since the innovation was mine.

The following public documents attest to me having precedence over the inventors listed on the patent:

1. My... Read more »

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Aug 15, 2022

You should consult with a patent attorney. This fact pattern happens from time to time as the work of a Ph.D. candidates get ignored when the patent application is filed after their graduation.

You will need to have a patent attorney compare the claims to your writings. It is possible...
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1 Answer | Asked in Patents (Intellectual Property) for California on
Q: How do I get my name attached to an existing patent?

I see a patent was granted to members of my team and I was not included as I left the company before the application was filed. I have documentation (lots) to back up my argument to be included on this patent.

Peter D. Mlynek
Peter D. Mlynek
answered on Jul 31, 2022

This is a very common problem. I presume that you want to have your name on the patent as one of the co-inventors so that you can put it on your resume/CV, and not get an ownership stake in the patent.

If you really have a good argument to be listed as a co-inventor, reach out to the...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: how do I know if a patent has application worldwide or just to a specific country?

If a plant has a patent is there a specific range of application? Is it immediately applied worldwide or is it specific to a country?

Peter D. Mlynek
Peter D. Mlynek
answered on Jul 31, 2022

Only to a specific country.

A government can grant a patent only within a jurisdiction of its own country. It cannot grant rights to people and businesses outside of its jurisdiction.

However, if someone patents something in one country, generally, another person cannot get a...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Is there any way I can write to the Judge without hiring an attorney ?

I am a non US citizen lives in India and A Patent infringement case has been filed against me and several other US & Non US based sellers for selling online. Is there any way I can write to the Court without hiring a Lawyer to avoid a default judgement as I can't afford an attorney.

Peter D. Mlynek
Peter D. Mlynek
answered on Jul 31, 2022

No, I am sorry, but there really is no way to do that. You'll need to hire an attorney to fight it.

In some countries, the judgment of a court in the US is not-enforceable. If you don't have any property to be seized in the US, and there is no way to collect it in India, it is...
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2 Answers | Asked in Copyright, Business Formation and Patents (Intellectual Property) for South Carolina on
Q: I am looking to start a business using a game that some friends of mine and I came up with.

We want to protect our game and not sure what the process is to patent and bring our new game to market with our new business.

Erik Špila
Erik Špila
answered on Aug 22, 2022

Dear Mrs or Mr,

it depends on type of game you are going to create and make business with. If its board game or PC/console game, different type of strategies of legal protection can be applied. Therefore I would need more details to advice you better and more precisely on this.

I...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: Hi, are smart plastic business cards integrated with nfc patented?
Peter D. Mlynek
Peter D. Mlynek
answered on Jul 31, 2022

For someone to answer that, you'll need to hire a patent searcher to do a search, and a patent attorney who will issue a patent landscape opinion or a patentability opinion depending on why you are asking this question. $x0,000

Sorry. :(

3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: How can I protect my ideas from being stolen while looking for funding and investors with no money for a patent?

I have multiple ideas/inventions and i don't know how to explain my ideas to investors to get funding without having a patent to protect my ideas. But I don't have the funding to pay for a lawyer and everything to get a patent. So what could I do to protect myself and my ideas while... Read more »

Peter D. Mlynek
Peter D. Mlynek
answered on Jul 31, 2022

This is one of the most frequently asked questions. You can't get funding without patents, and you can't get a patent without money. It is a Catch-22.

Here are some guidelines:

(1) You need to recognize that ideas by themselves are not protectable. If you have an idea...
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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
PREMIUM
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 Ohio on
Q: hi, where I can find the figures for patent Publication number: 20220213198 ?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jul 22, 2022

Pat2pdf is one source.

http://pat2pdf.org/patents/pat20220213198.pdf

1 Answer | Asked in Patents (Intellectual Property) for Louisiana on
Q: What would happen if I made a curved bi-fold wallet like this one that is patented? (Patent # D 638,624)
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jul 18, 2022

D638624 is a design patent and thus only covers the ornamental appearance of the wallet not the more abstract idea of a curved bi-fold front pocket wallet.

Given how few details there are in their design patent, they may try to assert the idea broadly and seek take-down orders against you...
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2 Answers | Asked in Patents (Intellectual Property) for New Jersey on
Q: I am in the process of creating a model for open heart surgery. Where do I start if I want to patent? What lawyer?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jul 12, 2022

Choosing the right patent attorney is an important decision. There are a few things to consider. First, the patent attorney needs to have the right sort of technical background to be able to learn and communicate your idea. For example, I stay clear of pharmaceutical patents or block chain... Read more »

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1 Answer | Asked in Patents (Intellectual Property) and Trademark for Michigan on
Q: Hi, I have an idea for a new product. What things should I have done prior to contacting a patent attorney? Thank you!

The product should be relatively easy & inexpensive to manufacture. I’ve done as much in-depth research as possible online - and nothing like this exists as far as I can tell. I’ve spoken with friends, relatives, neighbors about a need for such an item and I’ve received 100% positive... Read more »

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jul 11, 2022

Kudos to you for doing some prep work before your first meeting with a patent attorney. I love clients like that. I teach entrepreneurs about the patent process. I think it would be worth your time to review my intro slide set just so that you have some vocabulary and basic concepts... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Indiana on
Q: Is it legal to build a device like this but not the same exact device ?
Tim Akpinar
Tim Akpinar
answered on Jul 6, 2022

Your question remains open for two weeks in this category and it may be better suited for attorneys who work in intellectual property. Product liability is more about injuries from defective products. You could repost the question under Intellectual Property & Patents. There's no guarantee... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: Hi, I have a quick question regarding to a recently published patent. It was me who discovered and invented the method.

I discovered and invented the method for the preparation of a nanocomposite when working as a postdoc at that institution, I have written a manuscript about the method when working there but I left the job, and I have the photocopy of all my experiment records about the method. I just noticed that... Read more »

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jun 28, 2022

This is not a DIY thing. You will need to contact a patent attorney who will compare your manuscript with the issued patent. It is likely that the university had agreements in place where you would have had to assign your rights over to the university. They may or may not give you a cut of any... Read more »

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: If a patent assignee is the company what rights do the inventors have?

If one of the inventors passed away before the patent was complete would his/her spouse get the benifits for the patent. Also how could I find out if an agreement was signed between the inventors and the company?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jun 20, 2022

If the inventor/employee assigned rights (or was under an obligation to do so), then the rights will be in the employer/company. This is the normal way of the world. I paid a builder to build my house. The builder built the house but as I paid him to do so, I own the house even though I did not... Read more »

Q: I need to save a patent of an invention by a non-US researcher and I want to sell it

The invention is saved by the tunisian laws and all rights are reserved but I would like to save the rights all over the world and then sell the invention to the highest bidder

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jun 20, 2022

If you have a patent application that was filed in Tunisia within the last 12 months, then you need to talk to the patent attorney that filed that application about filing a Patent Cooperation Treat application (normally called PCT application).

A PCT application is the front end of more...
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