Tennessee Patents (Intellectual Property) Questions & Answers

Q: If you have a fantasy sports game unlike the typical fantasy game can it be patented

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Tennessee on
Answered on Nov 4, 2018
Kevin E. Flynn's answer
Possibly, but it will be difficult. After the decisions in Supreme Court Cases Bikski and Alice, it is fairly difficult to patent a computer program unless the computer program makes the computer operate more efficiently.

Step One is that you should look at recently issued patents to see if any are close to what you are doing. The slide set at http://bit.ly/Patent_Searching is a good start to learning how to search for relevant patents.

Step Two is to look at the USPTO...

Q: how can I find out if Gibson still has a patent on a GA-79RVT guitar amplifier made in 1961

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Tennessee on
Answered on Oct 17, 2018
Kevin E. Flynn's answer
It would be highly unusual for something that came out in 1961 to still have a patent as patent term back then was 17 years from issue. However, if for some reason they battled for decades to get a patent out, then a patent application filed back then could come out tomorrow and have a term of 17 years. These are known as submarine patents as they stay submerged in the patent office for many years.

I would bet this is not the case. But to check -- you can do two things. One is to...

Q: What is a utility patent?

2 Answers | Asked in Patents (Intellectual Property) for Tennessee on
Answered on Sep 26, 2018
Peter D. Mlynek's answer
It is just another name for a regular patent (i.e., not a design patent or a plant patent, both of which are rare).

Q: How can I find out if there is an monetary benefit from patents filed by a deceased relative?

1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Answered on Jun 22, 2018
Kevin E. Flynn's answer
First, I am sorry that your son has died. As a parent, I do not want to attend a funeral for any of my children.

You can check to see if any patents or published applications in the US system have your son as assignor (person granting rights). https://assignment.uspto.gov/patent/index.html#/patent/search

This will let you know the patents or published applications that your son assigned or maybe licensed to another party (often the employer).

Some newer patent...

Q: Patent/Copywrite/Trademark Question... I need some clarification.

2 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Tennessee on
Answered on Jan 19, 2018
Kevin E. Flynn's answer
There are a lot of people that are pretty unclear on the difference between patents, trademarks, and copyrights.

I cannot see a way for John Deere to own generic images of tractors under a utility patent. They could chase protection for a particular way their actual tractor (or a toy tractor) looks under a design patent for a limited time (15 years). They can seek trademark protection. One can seek protection for a distinctive color when used for a particular product. This is rare...

Q: If my ex-wife has my name taken off my daughter's birth certificate will I have to still pay child support?

1 Answer | Asked in Family Law, Child Custody, Child Support and Patents (Intellectual Property) for Tennessee on
Answered on Jun 26, 2017
Leonard Robert Grefseng's answer
Yes, the birth certificate is not controlling or conclusive. If this is your child ( and since you call her your 'ex-wife" I assume you were divorced and the divorce papers establish a child support obligation), the only way your child support obligation will cease early ( prior to age 18 or graduation fro m high school) will be if your parental rights are terminated as part of an adoption. If she thinks just changing the birth certificate will do that, ( and I don't think that is possible...

Q: how is it possible that the US Government can put a patent out on marijuana?

1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Answered on Aug 30, 2015
Adam Studnicki's answer
More information is needed to answer. A local patent lawyer can review the patent and advise.

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...

Q: Is there an official application data sheet 37 1.76 form for provisional patent application?

1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Answered on Jan 26, 2011
Hong Shen's answer
You do not need ADS for provisionals. All you need is the cover sheet SB16 to indicate the application is a provisional.

Q: If I am attempting to patent something, how much is a lawyer needed?

1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Answered on Jan 11, 2011
Paul Overhauser's answer
If you have experience with patents, you may not need an attorney. For example, if you are an inventor at a large company that has patented may of your ideas, you may be very familiar with the process and how to write an application. Failing this, you really should use an attorney. I say this based on the many rejections I've seen from the Patent Office based on applications written by novices.

Paul Overhauser

317 891-1500


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