Ask a Question

Get free answers to your Patents (Intellectual Property) legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Patents (Intellectual Property) Questions & Answers
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...
View More

View More Answers

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...
View More

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
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...
View More

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

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...
View More

1 Answer | Asked in Patents (Intellectual Property) for Georgia on
Q: What are the laws concerning marketing products from said patent without both inventors signing the other rights?

If one of the inventors listed on the patent has died. Are his rights transferable to his heirs or does the other listed inventor have sole marketing rights?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jul 27, 2021

Patent rights start with the inventors. The rights can be moved in their entirety through a type of contract known as an assignment. Many inventors are paid to invent by their employers and assign their inventions over to their employer. Rights can also be given to use the invention through a... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: This is our grandfather and we are getting zero royalties from any of his patents.

Please ask in person or on the phone.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 25, 2021

Consult with an attorney.

It will depend if your grandfather licensed or assigned his rights.

Also patents expire, so if it was long time ago, it is natural that the royalties stopped.

1 Answer | Asked in Patents (Intellectual Property) for Wisconsin on
Q: If I was to patent a swimsuit with built in spandex what legal barriers would I need to overcome?
Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Jul 22, 2021

You have to make sure that your product is novel and non-obvious over similar products and that you are not infringing other patented swimsuits. You should consult a patent attorney.

3 Answers | Asked in Estate Planning and Patents (Intellectual Property) for North Carolina on
Q: My Father passed,how do I find out if there’s anything in he’s estate for my sister and I. Thank you
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jul 20, 2021

This question was presented to attorneys that work on patents (inventions). There is not a legal category for pa r ents.

You may want post this as a probate question as it may be possible that your father did not do estate planning and the default rules will be applied.

This is...
View More

View More Answers

1 Answer | Asked in Patents (Intellectual Property) for Louisiana on
Q: If there is one person as the inventor on a patent and is deceased are his children entitled to any royalties off of it

Let's say several of these items are sold and one of the inventors is deceased does his children entitled to receive any royalties then and as of now

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jul 20, 2021

I am sorry that your inventor/parent has died. I hope he lived a full life and left you with many fond memories.

If the inventor worked for an employer, the chances are good that the inventor/employee assigned rights over to the employer and is not entitled to royalties. (Just like if...
View More

1 Answer | Asked in Patents (Intellectual Property) and Trademark on
Q: Hi, what does it mean when someone has an patent on a product?

I am wondering if someone has an patent on a invention, if you can not use 1 part of the invention and make it your own style. Like other material, other design, and add material to make it a ' better' version in your own perspective.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 12, 2021

Depends

A patent may be made up of parts that belong to somebody else, so even if you use only a portion, somebody else may have rights you are infringing.

Further, you can patent an improvement, but you may be barred from using it because it contains IP that belongs to others....
View More

3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: How long is a "patent pending" status good for and what happens after this period ?
Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Jul 8, 2021

"Patent Pending " means that an application for a patent has been filed for the particular product, system or method with the United States Patent and Trademark Office (USPTO). The status "Patent Pending " ends with the final disposal of the application by the USPTO, which... View More

View More Answers

Q: How can I find patents filed on my truck?

I have good reason to believe my truck was modified for patents

Omar Darwich
Omar Darwich
answered on Jul 7, 2021

You could consult with an attorney.

To be clear you believe your truck had aftermarket parts installed in order to somehow get a patent on the truck?

Q: how to make sure that shoes I'm importing from China to Ontario Canada are not infringing any copyright-patent?

I am talking about shoes that neither have logo of a famous brand nor their design is similar to a famous brand. (but who can be 100% sure that some part of the design is not similar to some brand design out there?!)

how can I firstly avoid infringing copyright and secondly - if it happens... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 7, 2021

You need a legal strategy and you should consult with an attorney for sure.

For one, you could put in your contracts a clause that they guaranty the title to any intellectual property.

Best luck.

Q: What document should I use for my blog?

It would be great to have a document for guest writers, regular contributors, and anyone that submits anything to my site (written or media) to allow me and my website to publish their name and work on the site. What kind of document do I need? A consent form, an agreement, or something with a... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 5, 2021

You need a contract where they license or give you the rights to their content.

Consult with an attorney.

1 Answer | Asked in Patents (Intellectual Property), Consumer Law, Copyright and Products Liability for Utah on
Q: How to I find patents filed on work research and modifications done on my truck? Is there an application?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 3, 2021

Check google patents.

If the patent has not published or granted it won't be found.

Consult with an attorney.

3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: USE OF CANNABINOIDS IN THE TREATMENT OF INFLAMMATORY SKIN DISEASES GW pharmaceuticals Can I apply for a patent

I’ve developed a few process to extract cannabinoids from the cannabis plant and after reviewing GW patents am I able to apply for any patent concerning cannabis?

Thank you

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Jul 1, 2021

In general, processes for extracting cannabinoids are patentable. Having said that, you should hire a patent atto

View More Answers

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: if a design patent is registered and Active in the EU, can I go with selling the product in the US?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 1, 2021

Probably

Patents are georgraphically based.

However the design itself can be protected under copyright law, either registered or common law.

Consult with an attorney to assess your options and risks.

2 Answers | Asked in Patents (Intellectual Property) for California on
Q: I own a patent that was issued in June of 2011. I did not keep up with maintenance fees. What is my status now in 2021?
Bill Hulsey
PREMIUM
Bill Hulsey
answered on Jun 22, 2021

You can pay the maintenance fee, but there will be gap in protection.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.