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Tennessee Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Copyright, Gaming, Intellectual Property and Patents (Intellectual Property) for Tennessee on
Q: The game that I've created has many businesses that reflect real businesses. Logos and names changed. Is this legal?

I'm a Game Developer and my game contains many businesses that reflect those of real life. For example, there is a fast food restaurant called TFC that has a black and white logo of a cowboy. This virtual location looks similar to KFC, using a similar font and color pattern. Will I get in... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Using businesses in your game that closely resemble real-life businesses, including logos and names changed, can potentially raise legal issues related to trademark infringement and intellectual property rights. While your game may not be centered around these establishments, if the similarities... View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Tennessee on
Q: hello i am looking for patent support

if the patent has not passed on FER then what shall we do with that patent published , who is having rights?

Stephen E. Zweig
Stephen E. Zweig pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2023

I'm going to assume that you are the inventor and that we are talking about US patent applications.

It is common for patents to be rejected on the First Examination Report (FER). The USPTO assumes that if you still want to get the invention, you will respond to the report (office...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Tennessee on
Q: hello i am looking for patent support

if the patent has not passed on FER then what shall we do with that patent published , who is having rights?

James L. Arrasmith
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answered on May 2, 2023

If a patent application has not yet passed the FER (First Examination Report) stage, then it is still pending and has not been granted as a patent. During this stage, the patent examiner reviews the application to determine if it meets the requirements for patentability.

Until the patent is...
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1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Tennessee on
Q: Does claim 20030136149 (publication number) mean that I can't personally make morse code bracelets and sell them?

I am planning on making them and selling them in the Gatlinburg and Pigeon Forge area of TN. We would get a small business license, and pick our own messages. But I'm wondering if I legally can't, based on this patent. And if this patent doesn't stop me, are there other patents that... View More

Carl Massey Jr
Carl Massey Jr
answered on Sep 16, 2022

This is not a patent. It is a published patent application that was abandoned a long time ago. If you need a patent search to see if any other patents out there would present a problem, you're gonna have to engage a patent professional. But this patent application would not be a problem.

1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Q: How do I contact this individual about purchasing the patent being it’s expired
Peter D. Mlynek
Peter D. Mlynek
answered on May 25, 2021

The good news is that if the patent is really expired, then you do not need to purchase the patent. Any that is in the patent is free for anyone to use for any purpose.

That is actually the whole idea behind patents: after the patent expires, anyone can use it.

1 Answer | Asked in Business Law, Copyright and Patents (Intellectual Property) for Tennessee on
Q: Have an e-commerce c2c idea. Is it possible to patent the “idea”? Think poshmark but for a niche not out there yet.
Peter D. Mlynek
Peter D. Mlynek
answered on Apr 30, 2021

Sorry, but you cannot patent a mere idea. You need to have an actual invention.

Once you do have the invention (see your patent attorney what the difference between an invention and a mere idea is), then you need to figure out how you are going to make money on it. That is the hard part.

2 Answers | Asked in Products Liability and Patents (Intellectual Property) for Tennessee on
Q: If i stole a floor jack from someone and i take it to a pawn shop and sell it to them and the owner of the jack gets

The jack back and they get me for theft what will happen in court

Anthony M. Avery
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answered on Feb 3, 2021

Depending on the value of the jack, it could be a misdemeanor or a felony charge for Theft Of Property. Hire a competent attorney to represent you. Restitution may need to be made despite the recovery. You want to get it Diverted, Dismissed and Expunged. Otherwise it will affect you for life.

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1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Tennessee on
Q: I've recently designed a toy but I'm not sure is a copyright what I need? I'd feel most comfortable filing myself, TN.

It's really just a modification I've made to stuffed animals, that started out as a game mechanic. I just really want to make sure that if someone manufactures it that they won't stop me from using the design. Making some money off of it wouldn't hurt either but it is secondary.

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Nov 18, 2020

You may want to consider protecting your toy with a patent, assuming your modifications to existing toys are novel and non-obvious. You will need a patent attorney to help you assessing the patentability of your toy and preparing and filing the patent application.

Please give me a call if...
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1 Answer | Asked in DUI / DWI, Gov & Administrative Law and Patents (Intellectual Property) for Tennessee on
Q: According to court system and my MVR I HAVE COMPLETED ALL REQUIREMENTS REPORT STATES DL privilege Reinstated 2.19.20

Ppl at dmv will not allow me to take test, without interlocking device. Last conviction 9.15.11 no where it shows this is required. Judge n commissioner say I’m clear n go test???

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 3, 2020

Not sure of your problem. But you need to try to get the License at another DOS facility. Otherwise you will need a very competent, and expensive, attorney to file an administrative action. That action could take at least a year, prior to appeals. Getting a blow meter for a little while... View More

2 Answers | Asked in Patents (Intellectual Property) for Tennessee on
Q: Is universal language translator patented?

I meant to say, is Voice language translator patented. If not I want to patent it.

Peter D. Mlynek
Peter D. Mlynek
answered on Jun 17, 2020

There are plenty of patents on translators, some of which may be considered universal. So, yeah, they are out there.

However, your universal translator that you construct may work in a totally different way, so you may be able to patent it.

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1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Q: Can I patent a Takeda compound already in use to a new use in humans which is not covered in the patent?

I have been studying a compound from Takeda in culture and in animals. The Takeda compound has unique actions on cells that not described nor predicted in the patent. Can I now make a user patent on the compound??

Steven Fairchild
Steven Fairchild
answered on May 23, 2020

Absolutely. They're called "method of treatment" patents.

I'm very familiar with them and help you prepare an application for filing with the USPTO.

Q: Iv learned to draft a patent, my patent is beautiful, I may need an attorney to assist in litigation.

I am the inventor of web cam covers of which I have a provisional application. I'm looking for an attorney to assist in possible litigation, an attorney of whom will take a contingency case. This has already been proved I have a rock solid case. Davison or invention land tried stealing my idea... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 2, 2020

Sorry, but there is very little chance of any attorney taking your case. For several reasons.

Firstly, just because you've filed a provisional application, does not mean that you have a patent. You need to file a regular application, prosecute it, and have the patent issue before you...
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1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Q: Best way for me to go about finding out if there are any current patents or pending patents for my dry fly floatant?

Just not sure the best way to search before spending the time submitting a patent request and don’t have the funds to pay for anything if it is already patented.

Kevin E. Flynn
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Kevin E. Flynn
answered on Mar 25, 2020

Best starting place is to do some searching using Google Patents and the USPTO Search tools. My slide set at http://bit.ly/Patent_Searching has some useful tips.

Once you find one relevant patent on the topic, that one should lead you to other patents. Those patents will lead you to...
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Q: Ok..this idea was originally stole from me by inventionland or davison. We live in a habitat for humanity home....

Now I was told christmas and my birthday the patent along with the buisness is mine I'm ne ceo.... now theres patents for humanity my land lords surely cant steal my riches and my buisness... there're non proffit.... for one thing. And for 2 none of this was or is possible with out me its... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Jan 13, 2020

I am so sorry that you had a bad experience with this firm. I am not familiar with them, but that industry of helping inventors has many bad apples.

There are a number of invention promotion firms that take money from inventors and provide little or no value back. I do not know all these...
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1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Q: My name is cody I need a patent lawyer to claim what's rightfully mine which is the webcam cover patent

I noticed the dates were all wrong and the patent was not even granted but the product was all over I submited my idea to the uspto hours after it was granted iv sense been trying to contact them

Peter D. Mlynek
Peter D. Mlynek
answered on Dec 7, 2019

I think that many patent litigators would be happy to talk to you or to your company's agent about the other party stealing your invention or infringing your patent.

Your first step should be to have your in-house lawyers find and interview several possible litigators. Once you get...
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1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Q: How do I obtain a patent for a tool I invented? Its a mechanics tools?

I have requested the services of a patent company, but was warned by an attorney to check into it myself.

Kevin E. Flynn
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Kevin E. Flynn
answered on Oct 21, 2019

It is at least possible that there is a patent services firm that is worth the money so I won't say that all are bad. However, that group of companies has a horrible reputation.

There are a number of invention promotion firms that take money from inventors and provide little or no...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Tennessee on
Q: If you have a fantasy sports game unlike the typical fantasy game can it be patented
Kevin E. Flynn
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Kevin E. Flynn
answered on Nov 4, 2018

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...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Tennessee on
Q: how can I find out if Gibson still has a patent on a GA-79RVT guitar amplifier made in 1961
Kevin E. Flynn
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Kevin E. Flynn
answered on Oct 17, 2018

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... View More

2 Answers | Asked in Patents (Intellectual Property) for Tennessee on
Q: What is a utility patent?
Peter D. Mlynek
Peter D. Mlynek
answered on Sep 26, 2018

It is just another name for a regular patent (i.e., not a design patent or a plant patent, both of which are rare).

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1 Answer | Asked in Patents (Intellectual Property) for Tennessee on
Q: How can I find out if there is an monetary benefit from patents filed by a deceased relative?

My late son worked for a large company from which we have requested a copy of any release he signed as a condition of employment, relinquishing any profit from patents he filed. We have not received a copy of any such release. How should we proceed?

Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 22, 2018

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)....
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