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Patents (Intellectual Property) Questions & Answers
4 Answers | Asked in Copyright and Patents (Intellectual Property) for Florida on
Q: I have a display patent from 1993 I'd like to know if there's some way I can update it ?
Stephen E. Zweig
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answered on Aug 25, 2021

Sadly no. Patents typically have a maximum lifetime of about 20 years from the filing date. Although this can be adjusted a bit for delays at the USPTO, usually, the adjustments are only for a few months or years.

A 1993 patent era patent is likely long expired, is probably public...
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1 Answer | Asked in Copyright and Patents (Intellectual Property) on
Q: If an item has a patent can I still produce that item according to form fit and function ??
Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 20, 2021

It will depend on what the patent covers

Consult with an attorney

1 Answer | Asked in Family Law, Civil Rights, Elder Law and Patents (Intellectual Property) for Louisiana on
Q: cost per year for a person being a curator for an interdicted person.

I am in need of a new curator to handle my money affairs as my present curator =daughter will not let me near my money=assets!

Who or what kind of company can take over this position? If a new curator can take over then about how much will this cost me the interdicted person?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 20, 2021

A bank, CPA, relative or attorney can be appointed as your Curator. There is no set fee.

1 Answer | Asked in Patents (Intellectual Property) for Arizona on
Q: Have family patents inherited from a will - appear to be innovations at a global scale. Looking past missed royalties.

Family patents include "Grass Cutter," (original lawnmower), Time-controlled release valve (for fire extinguishers and irrigation systems), and medical valve for oxygen tanks. It appears that our family has owned the patents for quite some time and a friend of ours mentioned that we may... View More

Stephen E. Zweig
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answered on Aug 17, 2021

To start with, you could look these various patents up on Google patents and see which ones have expired, which are abandoned, and which may need maintenance fees. You can do this by looking at https://patents.google.com .

You can also get some idea of which patents have already been sold...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Affixing one mold design to another to create my idea, is that patentable?

I'm taking a premade mold others made to create the design idea required to create my finished product idea. I'm not claiming their molds individually; but using them to make my creation of an end product.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 15, 2021

Patent? maybe not.

You need to consult with an attorney to evaluate your options.

1 Answer | Asked in Products Liability and Patents (Intellectual Property) for New Jersey on
Q: I have invented a way to reload a patented one-use product. What risk do I take by developing a kit for the market?

My invention in no way modifies the product it simply allows the one-time use consumable to be reused more than once in the same manner for which it was intended.

Stephen E. Zweig
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answered on Aug 15, 2021

The answer is, "it depends." In some situations, such as refiling printer cartridges, the rule of "patent exhaustion" may apply. This rule is that a patent owner uses up their rights when they first sell a product.

However, the patent owner may also have engaged in...
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1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark on
Q: We wish to export our Petfood to the USA. Another 'Wild Kitchen' seems to have a Registered Trademark.

Serial No. 87074519 Reg No. 5247609. Trademark Name: 'Wild Kitchen' - Goods & Services: Petfood and Pet Treats. Our Trademark will be the Company Name registered here in New Zealand. We will be trading under another name 'Real Wild'. What is our situation with allowance of... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 14, 2021

You run the risk of having your product stopped at customs and deny entry into the USA

I would suggest a different brand

Consult with a USA attorney

2 Answers | Asked in Patents (Intellectual Property) for Maryland on
Q: If there are two names on a patent do both names need to be involved with the actions of the patent?

One of the people on the patent seems to be doing negotiatining with the said invention with out conferring the other name on the patent.

Kevin E. Flynn
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Kevin E. Flynn
answered on Aug 12, 2021

If by "names on the patent", you mean that there are two inventors -- then no.

The patent rights belong to the inventors unless the inventors assign their rights to someone else. Most patents have inventors that are employees that assign their rights to their employers. But...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Pennsylvania on
Q: one of the 2 inventors of an unassigned patent has died. Can the remaining inventor sell the patent?
Kevin E. Flynn
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Kevin E. Flynn
answered on Aug 5, 2021

First, I am sorry that your co-inventor whom I presume was a friend, has died.

If there are two inventors and there is not any signed agreement to consolidate the ownership rights, then the rights are still divided.

This would get into issues of estate law so you would need to...
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Q: Bout identity theft. Ant inheritance

My gmaw passed away an I was post to get one fifth of the inheritance. I was in prison. Now they say that it all got stolen an there is nothing I can do. I no my mom got my gmaw van n lost it n my sis got a few things I never received anything. They haven't ss# n all my info I think they might... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Aug 4, 2021

I am so sorry that this happened to you. Your question went out to attorneys that file patents for inventions. There is not a category for paRents which is what you may have been trying to hit. You may want to add Family Law to the category set.

You may want to contact Legal Aid near...
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2 Answers | Asked in Copyright, Business Law, Patents (Intellectual Property) and Trademark for Illinois on
Q: How am I supposed to handle a trademark infringement lawsuit if I think it's a mistake? pls read the "More Information"

Dear lawyer.

Unfortunately, I involuntarily found myself in an unpleasant situation and I would be happy for your help. I have an account at Marketplace site, where I sell products from a variety of different suppliers. A few days ago, an e-mail was sent to me from a lawyer (on behalf of... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 3, 2021

You can be dragged to an American court by virtue of you selling here.

There are different tools to deal with the lawsuit if you think it is an error.

You need to consult with an attorney review all the documentation you have.

Best luck!

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3 Answers | Asked in Products Liability, Education Law and Patents (Intellectual Property) on
Q: I am having a idea regarding piezoelectric compression and generating electicity

Its regarding the high pressure creating between two plates with natural day to dya life machins ,which will produce us electricity

Kevin E. Flynn
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Kevin E. Flynn
answered on Aug 3, 2021

First, I would not share any additional details in a public forum.

Second, you are going to want to chose a patent attorney with the relevant technical background. I am not sure whether that is physics or material sciences. There are many patent attorneys with Ph.D. level of education in...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: Would it be possible to patent a refrigerated tear drop style camper?

I would like to attempt a new business idea that would involve a utilizing a refrigerated tear drop camper style trailer and would like to know if there is any proprietary rights to this.

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Aug 2, 2021

It would be best to hire a patent attorney to do a patentability search. But in the meantime you may want to check databases such as Google Patents and the USPTO web site by entering the terms that best describe your invention.

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for New Mexico on
Q: Hello, I would like to file a patent, I did some searches and only came to this page as the main conclusion.

I have a logo that’s placed on shoe that I would like to patent

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 2, 2021

You are confused. You probably need to file for a trademark. Consult with an attorney.

1 Answer | Asked in Patents (Intellectual Property) for Washington on
Q: Patent: I want to patent a projectile based off the 9mm luger. Can I patent a projectile using the same dimensions?

The impact lead has on shooting ranges is devastating to the local environment. The goal would be to produce ammunition that could be used in common calibers. This ammunition would comprise of materials that could be broken down naturally and with low to no impact on the environment and ground... View More

Carl Massey Jr
Carl Massey Jr
answered on Aug 2, 2021

Sounds like the composition of your projectile is what will be relevant. Dimensions would not seem to be the issue. If you're projectile composition is novel and nonobvious, then you may be able to obtain a utility patent. I'd be happy to discuss.

4 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Good day! I would like to ask if my idea is something that needs to be patented. I have made a flashcard of the alphabet

Each letter in the alphabet corresponds to an animal and an emotion as well. The illustration on the flashcard shows the emotion on that animal. Example: A is for Ape. Then in the flashcard, it depicts of an ape what is Anxious. B for bear. Then the bear in the picture is brave. C for cat and the... View More

Stephen E. Zweig
Stephen E. Zweig pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2021

I suspect that this will probably not be patentable. There is a printed matter exception for patents. Unless the printed material improves the functionality of the thing it is printed on; then the printed material gets no patent "credit."

Put alternatively, the USPTO examiner...
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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: How do i find out if something is already patent?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jul 31, 2021

To get a final answer, you will need to work with a patent attorney that will commission a search. But you can take some initial steps on your own. You can use the free search tools and some tips on DIY searches listed in my slide set https://bit.ly/Patent__Searching .

You can also look...
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1 Answer | Asked in Gaming, Intellectual Property, Patents (Intellectual Property) and Trademark for California on
Q: Are name variations of already existing companies legal?

I had an idea for a company that similarly operates in the same way as AirBnB. But it relates to Dungeons & Dragons, called AirD&D. The basic premise of the company would be that people could post locations that can be rented out for single or ongoing campaigns or game sessions that are... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 30, 2021

Maybe, depends

You need to have a consultation with an attorney

In general if the marks are in related areas, there may be a conflict

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... View More

Kevin E. Flynn
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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 Arkansas on
Q: If my boyfriend is 16 and I’m 18 and his mom doesn’t want us to be together but he still wants to be can she do anything
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jul 29, 2021

You sent this question out to paTents (inventions). There is not a category for paRents.

You may want to repost this under family law.

Kevin E Flynn

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