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Pennsylvania Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: When does a patent have to be renewed from filed date or date of patent i forget

Not sure when time goes by date filed or date granted and how iften again 3 years 7 and 12?

Kevin E. Flynn
Kevin E. Flynn answered on Aug 27, 2019

Maintenance fee window opens 3 years from issue date of patent. The window closes 4 years from the issue date. The process repeats at year 7 and year 11.

Purposeful failure to renew causes the patent to lapse. Unintentional failure to pay during the window can be fixed with payment of...
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1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: If I want to design a stick such a stick would be for youth what sort of parent would I need and how would I go about it

I have the perfect idea because my son is a coach and many youngsters have given him ideas how do I go about it ?

Kevin E. Flynn
Kevin E. Flynn answered on Jul 30, 2019

A good place to start is to look at patents for analogous products. That will help you understand what is already patented and how much effort it takes to secure a patent. My slides at http://bit.ly/Patent_Searching will give you some tips on patent searching using free tools.

The patent...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Pennsylvania on
Q: What is the likelihood of a patent holder being granted a second patent for a variation of his first patent?

If someone else filed for that second patent, I would argue that given my patent, that the second patent is obvious but it really isn't that obvious and I want to be the one to file before someone else does. An analogous example: Think of the old power line communications technology where using a... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Jul 18, 2019

This happens all the time.

Patent 1 is for an invention, patent 2 is an improvement to that invention. You can file an application to patent 2 as a CIP of the first application, or you can add a TD in the second filing, etc. Talk to your patent attorney more about this.

Good...
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1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: Can I take someone’s patent if it’s abandoned?
Kevin E. Flynn
Kevin E. Flynn answered on Jul 8, 2019

If you mean by "take" that you can pursue the patent process and obtain an issued patent and preclude others from practicing the invention. The answer is no as you were not the first to invent whatever is in the abandoned patent.

If you mean by "take" that you can make or use the ideas in...
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1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: Can my patent number 6,331,024 be revived because of missed payment on my final maintenance fee? William F. Gulley

Because of my work requiring me to travel and numerous floods in my home town at the time I forgot to pay the final maintenance fee and therefore the patent expired. Although I beleive the time limit has expired are will expire soon anyway I would like to revive it and also have questions about... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on May 16, 2019

It looks like your patent claims priority to 1997, and was issued in 2001, so it would have expired by now anyway.

If you are looking to protect your improvements to your previous invention, you are going to have to file a new patent anyway. The expiration of the 6,331,024 patent, or...
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2 Answers | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: Recourse for original inventor excluded from patent application. I contest right of ownership.

My colleague and I were responsible for 100% of the technical data and research for patent application and were inexplicably excluded by other colleague when he refiled secretly. We never assigned our rights and wish to contest right of ownership.

Can you advise me who we should contact at... Read more »

Darrin A. Auito
Darrin A. Auito answered on Sep 8, 2018

I recommend contacting a patent attorney. Good luck!

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1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: Hi, What exactly is patented on this smoker station? What feature? A little confused on the specifics.

https://patents.justia.com/patent/7971745

Kevin E. Flynn
Kevin E. Flynn answered on Jun 26, 2018

The starting point is the claims. This patent has one independent claim and several dependent claims. Then you use the rest of the patent as a dictionary to inform your understanding of the words in the claims.

1. A disposal unit for discarded smoking products comprising:

a...
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1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: Do we need to get a patent assignment from Colombia signed by a lawyer in the country for it to be valid in the usa?
Kevin E. Flynn
Kevin E. Flynn answered on Mar 1, 2018

Normally an assignment is signed by someone with authority to act on behalf of the patent owner.

Sometimes that is the inventor when the inventor is assigning rights. Sometimes that is a senior executive for the company when the company is assigning rights.

An assignment is...
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1 Answer | Asked in Energy, Oil and Gas and Patents (Intellectual Property) for Pennsylvania on
Q: Can I get this re-instated to a full utility patent? -had no idea about the maintenance fees and it has apparently lapse

Patent #8148841

Kevin E. Flynn
Kevin E. Flynn answered on Feb 6, 2018

Fortunately, this particular error is a well-trod path and the USPTO is fairly generous in allowing you to fix this situation.

So in addition to the regular maintenance fee, and the small late fee for not paying in the first half of the year-long window, you will need to pay a fee to...
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2 Answers | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: when does this patent expire: https://www.google.com/patents/US6186857
Kevin E. Flynn
Kevin E. Flynn answered on Jan 12, 2018

I try to provide general answers that would be useful to future users of the web site -- teach them how to fish rather than handing them a fish.

Patent term is more confusing than it should be. Unfortunately, to try to make things fair, the rules have a number of layers.

Old...
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1 Answer | Asked in Family Law, Child Custody, Juvenile Law and Patents (Intellectual Property) for Pennsylvania on
Q: What most likely will happen?

let my daughter visit her father in PA. He's been stalling with her for 2 weeks now to find out he filed for custody and for emergency petition. I have legal custody of her. He never established paternity and denied me every time I ask him to. I have a paternity petition going in my state Indiana.... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Nov 14, 2017

So sorry, your question was posted to PATENTS (INVENTIONS) by mistake, you may want to change the topics associated with this question. I hope you find the answers you need.

2 Answers | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: I notice many in door or door jamb chin up exercise bars that are quite similar. I am interested in manufacturing?

What are the patent ramifications for manufacturing and selling something quite similar?

Peter N. Munsing
Peter N. Munsing answered on Mar 7, 2017

You take a risk of patent infringement.

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1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: Is there pro bono patent and NDA help in Pittsburgh, PA?

I can pay for a patent on my credit card, but I understand there are more expenses involved in marketing intellectual property. I need pro bono help if it is available. The USPTO mentions a Nationwide Pro Bono program for inventors, but the link took me to pro bono help for the arts in... Read more »

Changi Wu
Changi Wu answered on Jan 5, 2016

Since patent law is a federal law, you do not need a PA attorney to assist you to prosecute your patent application or similar matters in front of USPTO. However, if your patent case is in litigation, regardless in state court or federal district court in PA, you will need a PA licensed attorney to... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: These are my deceased fathers patents. A man is making his work and selling them under a different name. How can I fight
Adam Studnicki
Adam Studnicki answered on Aug 30, 2015

Talk to a patent litigation lawyer about patent enforcement rights and options.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work...
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1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: If I wanted to buy a patent from someone where do I find their contact information and how do I go about doing so?

I found a patent on a concept I had previously thought of

Adam Studnicki
Adam Studnicki answered on Aug 30, 2015

You can search for patent ownership info on the uspto.gov website. A local patent lawyer can assist.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice,...
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