Pennsylvania Patents (Intellectual Property) Questions & Answers

Q: Recourse for original inventor excluded from patent application. I contest right of ownership.

2 Answers | Asked in Patents (Intellectual Property) for Pennsylvania on
Answered on Sep 8, 2018
Darrin A. Auito's answer
I recommend contacting a patent attorney. Good luck!

Q: Hi, What exactly is patented on this smoker station? What feature? A little confused on the specifics.

1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Answered on Jun 26, 2018
Kevin E. Flynn's answer
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 tubular extension extending from a wide base, wherein the tubular extension is divided into tubular sections;

an upper tubular section has an interior partition to form a closed-bottom receptacle...

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?

1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Answered on Mar 1, 2018
Kevin E. Flynn's answer
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 typically viewed as a contract and would need to comport with the rules for contracts for the country laws that would be applied under the choice of laws. So a contract executed in Columbia would...

Q: Can I get this re-instated to a full utility patent? -had no idea about the maintenance fees and it has apparently lapse

1 Answer | Asked in Energy, Oil and Gas and Patents (Intellectual Property) for Pennsylvania on
Answered on Feb 6, 2018
Kevin E. Flynn's answer
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 revive a patent unintentionally abandoned for failure to timely pay a maintenance fee. This is a $2000 extra fee but you are likely to qualify as a small entity with a 50% discount or a micro entity with...

Q: when does this patent expire: https://www.google.com/patents/US6186857

2 Answers | Asked in Patents (Intellectual Property) for Pennsylvania on
Answered on Jan 12, 2018
Kevin E. Flynn's answer
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 patents had a term of 17 years from when they issued. New rules are that apply to patent applications filed after June 8, 1995 are 20 years from the first non-provisional patent application. So you...

Q: What most likely will happen?

1 Answer | Asked in Family Law, Child Custody, Juvenile Law and Patents (Intellectual Property) for Pennsylvania on
Answered on Nov 14, 2017
Kevin E. Flynn's answer
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.

Q: Is there pro bono patent and NDA help in Pittsburgh, PA?

1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Answered on Jan 5, 2016
Changi Wu's answer
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 represent you. If it is a USPTO matter, you may contact patent attorneys in this board, like me, who provides pro bono service or a reduced fee service for solo inventors.

Q: These are my deceased fathers patents. A man is making his work and selling them under a different name. How can I fight

1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Answered on Aug 30, 2015
Adam Studnicki's answer
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 for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult...

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?

1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Answered on Aug 30, 2015
Adam Studnicki's answer
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, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly...

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