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Texas Patents (Intellectual Property) Questions & Answers
2 Answers | Asked in Patents (Intellectual Property), Copyright, Intellectual Property and Trademark for Texas on
Q: I am trying to figure out if I need a trademark, copyright or patent. I don't know the difference.

The difference in trademark, copyright, or patent and what I need for my project

Kevin E. Flynn
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Kevin E. Flynn
answered on May 19, 2023

This is a very common question as these topics are not taught in school. The United States Patent and Trademark Office has a web page that addresses this issue. https://www.uspto.gov/trademarks/basics/trademark-patent-copyright

I hope that this helps. Note--just as you may have a dead...
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2 Answers | Asked in Patents (Intellectual Property), Copyright, Intellectual Property and Trademark for Texas on
Q: I am trying to figure out if I need a trademark, copyright or patent. I don't know the difference.

The difference in trademark, copyright, or patent and what I need for my project

James L. Arrasmith
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answered on May 22, 2023

Trademarks, copyrights, and patents are different forms of intellectual property protection, each serving a distinct purpose. Here's a brief explanation:

Trademark: A trademark protects logos, brand names, slogans, or other indicators that distinguish goods or services in the...
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1 Answer | Asked in Contracts, Intellectual Property, Internet Law and Patents (Intellectual Property) for Texas on
Q: How do i obtain personal data being denied? When I'm in compliance with procedures but instead infringement is the act

Intellectual property being withheld and my attempts have been ignored from several organizations. I've reached out to our states bar association more than several times for a fact and got little to no assistance and unfortunately finances have been affected by the covid pandemic and personal... Read more »

James L. Arrasmith
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answered on May 2, 2023

If you believe that your personal data is being withheld without justification, you may have legal options to obtain that information.

First, you can try to reach out directly to the organizations that are denying you access to your data and ask for an explanation for the denial. It may be...
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2 Answers | Asked in Energy, Oil and Gas, Patents (Intellectual Property) and Contracts for Texas on
Q: My Late husband died in an accident before retirement, he has 52 utility Patents and he was a Sr Software Engineer.

The company he worked for is now trying to say I new about the Patents so that they don't share my late husbands Royalities he would have gotten,with me. We were married 15 years until his death, if I had known he had all of those Patents I certainly would not have waited till now. I found out... Read more »

Kevin E. Flynn
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Kevin E. Flynn
answered on Apr 1, 2023

I am sorry about the accident that took your husband. While the patents are a part of this issue, I suspect that the prime legal arguments will be about the licenses or other agreements that your husband had with the company. This is contract law. The litigation will be primarily on contract law... Read more »

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2 Answers | Asked in Energy, Oil and Gas, Patents (Intellectual Property) and Contracts for Texas on
Q: My Late husband died in an accident before retirement, he has 52 utility Patents and he was a Sr Software Engineer.

The company he worked for is now trying to say I new about the Patents so that they don't share my late husbands Royalities he would have gotten,with me. We were married 15 years until his death, if I had known he had all of those Patents I certainly would not have waited till now. I found out... Read more »

James L. Arrasmith
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answered on Apr 9, 2023

As the widow of a late husband who had 52 utility patents as a senior software engineer, you may be entitled to a percentage of his royalties from the company he worked for. The fact that you did not know about all of his patents does not necessarily preclude you from receiving a share of the... Read more »

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: Does apple have a patent on the shape of their chargers and cables.

We want to import chargers and cables that resemble apple charges and cables in shape without their logo

James L. Arrasmith
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answered on Mar 2, 2023

Yes, Apple has multiple design patents on the shape and appearance of their chargers and cables. These patents protect the visual appearance and design of their products, including the shape, color, and texture. Importing chargers and cables that resemble Apple's patented designs without their... Read more »

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3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Can the formula for a specific type of concrete be patented?

I have developed a type of concrete specifically for my use making Anaerobic Digesters, which exhibits specific properties beneficial to the structure and operation of Mesophilic Anaerobic Digesters intended to be installed and operated as generational (extended time-frame) projects.

Stephen E. Zweig
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answered on Nov 9, 2022

Yes. Like all patents, however, the formula needs to be novel and not obvious. Check patents.google.com or other source to see prior art on concrete formulas. The good news and bad news is that there are a lot of concrete formula patents ahead of you. The examiner will be looking at your patent... Read more »

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3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Can the formula for a specific type of concrete be patented?

I have developed a type of concrete specifically for my use making Anaerobic Digesters, which exhibits specific properties beneficial to the structure and operation of Mesophilic Anaerobic Digesters intended to be installed and operated as generational (extended time-frame) projects.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 9, 2022

Yes. For an example see https://answers.justia.com/question/2022/11/09/can-the-formula-for-a-specific-type-of-c-932358 . The '358 patent was for a form of concrete used to make faux villages for use in military training exercises. The concrete was tuned to receive the bullets so that the... Read more »

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3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Can the formula for a specific type of concrete be patented?

I have developed a type of concrete specifically for my use making Anaerobic Digesters, which exhibits specific properties beneficial to the structure and operation of Mesophilic Anaerobic Digesters intended to be installed and operated as generational (extended time-frame) projects.

Steven Thrasher
PREMIUM
Steven Thrasher
answered on Nov 9, 2022

Assuming that you and your patent attorney can argue successfully that it's not obvious to a skilled concrete professional, then yours odds are strong.

Of course, the detailed analysis to gain confidence is complex and requires research, and the process of preparing a patent...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Does a US method patent protect the domestic sale of foreign-made-goods constructed via the US-patented method?

I think I have a novel method of manufacturing a category of widgets. The method will make manufacture cheaper and faster for a subset of these widgets (but not all). My target audience for these widgets is within the US. Each individual widget could receive its own utility patent, but it... Read more »

Erik Špila
Erik Špila
answered on Sep 28, 2022

Dear Mrs or Mr,

in your described case, I would say that as the patent is the territorial right that you would be protected in the territory of the U.S. However I am an IP lawyer in EU, so I am taking into account the principles of IP law and my legal knowledge. So in order to be sure about...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Does a US method patent protect the domestic sale of foreign-made-goods constructed via the US-patented method?

I think I have a novel method of manufacturing a category of widgets. The method will make manufacture cheaper and faster for a subset of these widgets (but not all). My target audience for these widgets is within the US. Each individual widget could receive its own utility patent, but it... Read more »

Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Sep 28, 2022

Depending on the method/invention itself, a utility patent could be drafted in such a way to cover the variations on the method. What you're getting at though, is called a "product-by-process" claim, which generally would accompany pure method claims in an application. If a... Read more »

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1 Answer | Asked in Business Formation and Patents (Intellectual Property) for Texas on
Q: RetailMeNot suing Honey for patent infringements.

Hi my question is regarding RetailMeNot suing Honey for patent infringements.

According to RetailMeNot’s suit, Honey infringes on U.S. Patents 9,626,688; 9,639,853; 9,953,335; and 9,965,769, which detail technologies related to things like facilitating access to promotional offers,... Read more »

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 9, 2022

It is possible for someone to start up another coupon site. You just have to be outside of the scope of the claims. In this particular case, the four patents have very long independent claims, suggesting that one should be able to work around these claims.

If you are trying to start an...
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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: I’d like to find out how to get permission to use a patent
Peter D. Mlynek
Peter D. Mlynek
answered on Sep 9, 2022

You should be able to contact the patent owner, and make a deal with the owner just like you would for leasing or buying a car, a machine, or a factory.

But before you do reach out to the patent owner, you should talk to a patent attorney. There are several things that the attorney should...
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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: I’d like to find out how to get permission to use a patent
Erik Špila
Erik Špila
answered on Sep 8, 2022

Hi,

the main option to obtain permission to use a patent is by contacting its owner. But first I would recommend you to find a patent in patent database to check if its stil valid in your territory. If it is valid check the owner or representative of the patent and contact them to negotiate...
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1 Answer | Asked in Patents (Intellectual Property) and Products Liability for Texas on
Q: If I use a service, and that service allegedly violates a patent, what is my liability?

I have been contacted by a firm representing a patent holder. They are seeking damages. I entered into a contract with a service provider claiming to have exclusive ownership of the IP. Am I liable? If so, to what extent? What steps should I take in the matter?

Eugene Vamos
Eugene Vamos
answered on May 26, 2023

You should immediately contact an Intellectual Property attorney so he/she can review your situation, including the Cease and Desist letter, the alleged infringed patent, and the contract that you signed with the service provider. There might be language in that contract that explains liability... Read more »

1 Answer | Asked in Constitutional Law and Patents (Intellectual Property) for Texas on
Q: Can the US Department of Energy give funding for research on USPTO Patents Pending invention of someone else

Aries Project is Advanced Research on IES, my patent pending titled Independent Energy Systems IES. Aries Project opened the same month my USPTO Patents Pending 12 months expired

James L. Arrasmith
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answered on May 2, 2023

It is possible for the US Department of Energy to provide funding for research related to a USPTO patent pending invention owned by someone else, but this would depend on various factors such as the specific details of the invention and the funding guidelines and criteria of the Department of... Read more »

2 Answers | Asked in Copyright and Patents (Intellectual Property) for Texas on
Q: The "hoop axis" isn't clear. Are there any pictures or illustrations of the "Basketball Training Apparatus"?
N'kia (NLN)
N'kia (NLN)
answered on Apr 2, 2023

It's not really clear what you are asking or what you are trying to accomplish. You might get the answer you're seeking if you post again with a bit more context. Good luck!

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1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: How long does it take for a patent to expire? Animal gate latch mechanism Patent number: 4962953
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 11, 2022

This patent expired 20 years after filing for an expiration date of January 31, 2010.

Kevin E Flynn

1 Answer | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Texas on
Q: Is it legal to use screenshots from software I've purchased, in training course material I create and sell - screenshots

only, not the software itself - without compensation to or permission of software seller?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 3, 2022

There is not a patent question here. This is a question of your end user agreement and possibly copyright law.

1 Answer | Asked in Copyright, Business Law and Patents (Intellectual Property) for Texas on
Q: I am trying to find the patent for the brush guard that GM put on their Commercial Utility Cargo Vehicle (CUCV).

These vehicles were provided to the US military from 1984 - 1987. I believe similar brush guards were an option on GM trucks as early as the 1960's. I would like to reproduce this brush guard for the same GM vehicles and other vehicles with slight modifications. Thanks for any help you can... Read more »

Peter D. Mlynek
Peter D. Mlynek
answered on Mar 29, 2022

Sorry to be getting to this so late.

This is a common type of question, but unless the brush guard was ornamental, finding the patent is not going to be very helpful. The drawings that come with patents are there to help the reader understand the invention, and are not meant to be...
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