Texas Patents (Intellectual Property) Questions & Answers

Q: How much it would be if I request patents for Machine Learning Patents (Class 706/12).?

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Answered on Nov 6, 2018
Kevin E. Flynn's answer
Step 1 -- you can pull up issued patents with class 706/12 using the USPTO search tools. http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&u=%2Fnetahtml%2FPTO%2Fsearch-adv.htm&r=0&p=1&f=S&l=50&Query=ccl%2F706%2F12%0D%0A&d=PTXT (Long URL as I formatted the search for you).

Step 2 -- you can get the PDF via Google Patents or pat2pdf.org.

Step 3 -- for published patent applications you can use https://search.freshpatents.com/?q=706%2F12.

I hope this...

Q: If I performed majority of the work for a patent, but my name is excluded in the list of inventors. What can I do?

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Answered on Oct 3, 2018
Kevin E. Flynn's answer
First, the concept of being an inventor is not directly related to the percentage of work by the various members on the team. I have filed patents where team members that did much of the modeling, documentation, testing, and even optimizing of a design did not get named as a co-inventor as they did not contribute a specific idea that was captured in one of the claims in the claim set we filed.

Second, the concept of being an inventor when properly understood is dynamic. So a person...

Q: If somebody steals your intellectual property rights for patents documents can you still pursue the litigation?

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Answered on Aug 6, 2018
Kevin E. Flynn's answer
I am not sure that I have your precise question but let me take a guess.

FACT Pattern

I am guessing that you invented something and had some level of documentation of your development and proof of date of conception of that invention. That material is now largely gone.

RESULTS

You can still file for a patent. No one from the patent office will ask for documentation on the dates that you invented things. You will need to sign an oath under penalty of perjury...

Q: How do you find the value of a patent?

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Answered on Aug 4, 2018
Peter D. Mlynek's answer
The COST of getting a single US patent is several tens of thousands of US dollars. It could be as little as $10K, or as much as $50K+. It depends on many factors.

Now, the VALUE of a patent, once the US Patent Office grants it, is determined the same as the value of anything else. The value of a patent depends on the market; the value of a patent is somewhere between whatever the owner of the patent is willing to sell it for and whatever the purchaser is willing to buy it for. It...

Q: Why would the patents show up on google and not on the uspto.gov website?

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Answered on Jul 27, 2018
Peter D. Mlynek's answer
Typically, it is the other way around. It appears to take several months for US patents to show up on Google, whereas patents show up on UPSTO the day that they are issued.

But some foreign patents do not show up on USPTO's site, but Google may have them on their site.

Overall, my experience with Google patents is pretty positive. It still has ways to improve, but I think that most laypeople would much prefer Google to USPTO.gov.

Q: Is this patent still valid?

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Answered on Jul 25, 2018
Peter D. Mlynek's answer
To check if all the fees have been paid, go to https://fees.uspto.gov/MaintenanceFees .

Under certain circumstances you can pay maintenance fees in expired patents to reinstate the patents. See, https://www.uspto.gov/web/offices/pac/mpep/s2590.html

Q: What is the first thing to do after being awarded a patent, getting it to market

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Answered on Jul 24, 2018
Kevin E. Flynn's answer
Wow -- there are a hundred things and you need not wait until you have your patent issued to start on them. You can start on some activities by reaching out to vendors using a Non-Disclosure Agreement before filing the patent application. The toughest issue for many entrepreneurs is working out a sales channel and a business plan. Are you going to sell online? Are you going to get a major store or catalog to carry your product?

In each state, there is a group run by the local...

Q: My husband, died in 2016. Can I have these patents put in my name or are they Lockheed Martin’s property?

2 Answers | Asked in Patents (Intellectual Property) for Texas on
Answered on Jul 14, 2018
Peter D. Mlynek's answer
I am sorry to hear about your husband's passing.

He will continue to be the inventor on the patents. You (or anyone else) cannot put it into your name.

The ownership of the patent will undoubtedly continue to be Lockheed Martin. If your husband was employed by LM, and a part of his job was to invent stuff for LM, then the patents on his inventions are owned by LM. Unless someone at LM really screwed up (which is highly unlikely with a sophisticated company like LM) there is...

Q: Interested in manufacturing discontinued Datsun 280z plastic interior panels. Would there be a patent on these items?

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Answered on Jun 26, 2018
Kevin E. Flynn's answer
The 280Z was released in 1975. Anything released in 1975 is long off of patent protection.

If you are working with something within the last 21 years, then you may need to do some searching. You might want to start with my tips on patent searching. http://bit.ly/Patent_Searching

I hope this helps.

Kevin E Flynn

Q: I'm trying to scare my daughter. We her parents can go to jail for allowing our 13 y/o daughter to date 17-18 y/o male?

1 Answer | Asked in Criminal Law and Patents (Intellectual Property) for Texas on
Answered on Apr 18, 2018
Kiele Linroth Pace's answer
The 17-18 year old could be facing up to 20 years in the state penitentiary, a $10,000 fine, and a lifetime of registering as a Sex Offender. Age 16 is the oldest in the juvenile justice system so he would be prosecuted as an adult. If that doesn't scare him away then he is not a person that makes good decisions in life. At his age, he should be planning for college, not dating an 8th grader.

Q: I want to buy disposable cups from a manufacturer and then sell them on Amazon, however I am worried about patents.

1 Answer | Asked in Business Law, Intellectual Property and Patents (Intellectual Property) for Texas on
Answered on Apr 3, 2018
Kevin E. Flynn's answer
You are correct that this is a legitimate worry. Patent liability attaches to those who make, use, sell, offer to sell, or possess an item that infringes an unexpired US patent.

If your supplier is located outside of the US, the patent owner may sue you and leave it to you to collect from your supplier if you have an indemnity clause with your supplier that the supplier will indemnify you from patent infringement claims. If you provided the specifications to the supplier, then it is...

Q: How can I get a free or low-cost assessment on patent infringement?

2 Answers | Asked in Patents (Intellectual Property) for Texas on
Answered on Mar 21, 2018
Peter D. Mlynek's answer
It looks like you don't have to worry about that patent. According to https://portal.uspto.gov/pair/PublicPair, Patent US 6,621,502 expired due to nonpayment of maintenance fees under 37 CFR 1.362

Q: What can we do about my mother’s husband wanting to take all her property after her death? He is Not a legal Citizen

1 Answer | Asked in Patents (Intellectual Property) and Probate for Texas on
Answered on Feb 18, 2018
Dillon B Norton's answer
I'm terribly sorry to hear about your mother's loss and how complicated this is for your family. Without a bit more information it's difficult to determine what the proper outcome should be as it depends on many factors. One thing I know for sure is that you need to hire a probate attorney to help you with this issue.

If she had a will, start there. If the will names him as the beneficiary of the estate 100%, then you should think about contesting the will as people are not entitled to...

Q: Which is the patent for a mechanical gasket extractor pick

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Answered on Feb 15, 2018
Peter D. Mlynek's answer
The patent number should be written on the tool. If for whatever reason it is not, then it should be on packaging.

If the patent information is not on either, then according to the law someone making copies of the tool won’t be liable for patent infringement until the patent owner informs him of it. 35 U.S.C. § 287. So, it is generally OK to copy the product before being informed about the patent, but not afterwards.

The problem for a tool maker who wants to make copies...

Q: Could you recommend which lawyer is more experienced for reservoir simulation area patent application?

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Answered on Feb 8, 2018
Kevin E. Flynn's answer
I can give you some help, but you won't find the answer totally satisfying.

1) Good news -- you can work with a competent patent attorney from anywhere. You do not have to use the patent attorney that is in your state. This is because the patent registration is granted by the Federal government and allows anyone with that registration to help folks obtain US patents.

2) Bad news -- you may not be able to pick the few attorneys with the best experience in this area. If they...

Q: If a child was abonded by full custody parent how can I take them in

1 Answer | Asked in Family Law, Adoption, Child Custody and Patents (Intellectual Property) for Texas on
Answered on Jan 30, 2018
Kevin E. Flynn's answer
I am sorry, your question was posted to Patents (with a T) rather than Parents (with an R). I hope Justia will fix their list to make this easier on people by changing Patents to Patents/Inventions.

I hope you find the right answer from someone with skills in family law.

Good luck.

Kevin E Flynn

Q: Can you patent a mixture of a raw material and synthetic material?

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Answered on Jan 25, 2018
Kevin E. Flynn's answer
The short answer is that if what you have is a valuable idea, that you patent it from each viable angle to make it more difficult for someone to design around your idea.

Having claims of different scopes of the product, the material in the product, the method of making the product, and perhaps even the method of using the product may all be options. There may be yet other options that a patent attorney would suggest after you discuss your product in detail.

It sounds like you...

Q: I invested in Bumper shuffleboard back in 2001 . Alan Guridi was the inventor under Unified Science Advancements, Inc.

1 Answer | Asked in Civil Litigation and Patents (Intellectual Property) for Texas on
Answered on Jan 12, 2018
Peter D. Mlynek's answer
This is a breach of contract question. Go see a corporate attorney.

Q: I have a acronym that spells out focus and I want to know which one (copyright or patten) to ensure that its mine?

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Texas on
Answered on Jan 7, 2018
Kevin E. Flynn's answer
It is hard to see how you could fit an acronym into the patent system. To the extent that you are using this acronym in conjunction with the provision of goods or services, you may want to talk with a trademark attorney to discuss whether that tool is appropriate. So if you plan on using the acronym on a shirt (with the underlying words that create the acronym) then a trademark is a good choice.

You are not going to have any tool preclude people from using the word focus as the...

Q: Can a PCT appl. claim priority to a US utility appl., and not the earlier provisional (w/ public disclosure in between)?

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Answered on Dec 29, 2017
Kevin E. Flynn's answer
First -- I am assuming that the disclosure was a public disclosure. A disclosure under a non-disclosure agreement to a potential client does not count as a disclosure in many systems.

For systems that want absolute novelty, you would need to claim back to a priority document that preceded the February 2009 public disclosure. If the provisional filed in January 2009 had all the relevant material that was disclosed in February 2009, then you would need to claim back to that document....

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