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Texas Patents (Intellectual Property) Questions & Answers
3 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: If an invention company gets a patent on a potential clients idea. Does the client have any legal rights for the idea?
Stephen Kontos
Stephen Kontos answered on Oct 22, 2020

It depends on the agreement with the invention company and whether the inventor assigned his or her rights to the invention company. Inventions in the United States are patented under the name of the inventor. But inventorship and ownership are different questions. If the inventor transferred... Read more »

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3 Answers | Asked in Contracts, Copyright and Patents (Intellectual Property) for Texas on
Q: How can I go about researching to confirm my new idea doesn't copy someone else's patent.
Stephen Kontos
Stephen Kontos answered on Oct 19, 2020

You should consult with an experienced patent lawyer. This is not something you should try on your own. Determining whether you infringe a patent is complicated and best left to professionals. A patent lawyer can help you find the relevant patents in your industry and advise you during product... Read more »

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: I am looking for a patent lawyer that specializes in weapons, specifically Guns - All Types - can you help

New type of configurable weapon that can be quickly modified for rapidly changing tactical situations - also new weapons for personal defense and law enforcement

Timothy John Billick
Timothy John Billick answered on Sep 28, 2020

Yes I can certainly help with this matter. I have experience with mechanical and electrical inventions so feel free to check out my background and drop me a line at www.tbillicklaw.com

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: Can I patent a similar product that’s on the market that has a different feature that makes it unique??
Kevin E. Flynn
Kevin E. Flynn answered on Sep 9, 2020

Yes you can. The telephone was first patented more than 100 years ago and people are still patenting improvements.

It is important to distinguish between patentability (the ability to get a new patent) and freedom-to-operate (the ability to make and sell your product in light of earlier...
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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: My feet dry, flaking, itching. Store items don't work. I made my own with household products. It works. Can I patent it

It's a foot cream.

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Aug 25, 2020

You will need a patent attorney to run a patentability search on your foot cream. If your cream is novel, then the patent attorney can prepare and file the patent application for you with the United States Patent and Trademark Office.

Please call me if you wish to receive more information.

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1 Answer | Asked in Patents (Intellectual Property) and Copyright for Texas on
Q: Does someone have a patent on dog whelping boxes or cages with uv lights to kill all germs, bacteria and viruses?

Lots of breeders and pet owners have puppies die every month from Parvovirus in my area.

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

Short answer is that I do not know if whelping cages/boxes with UV lights are covered by a patent. Using UV lights to kill bacteria etc. is fairly well known so I am not sure that I see the inventive twist that would be covered by a patent

You may want to do some preliminary searching...
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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: if i had a provisional patent a few years back. can you work on its previous search and resubmit with adjustments?
Peter D. Mlynek
Peter D. Mlynek answered on Aug 25, 2020

This is a very common question.

You filed a provisional patent application, but you did not file a regular utility application like you were supposed to in order to get patent protection. Your provisional patent application has thus lapsed.

Yes, you can file another patent...
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3 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Texas on
Q: Can someone patent, trademark, or copywrite their first, middle, and/or last name?
Kevin E. Flynn
Kevin E. Flynn answered on Aug 18, 2020

Not a candidate for a patent.

35 USC 101 Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title....
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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: Can we manufacture and sell this product

We are planning to start e commerce business and finalized a product after browsing lots is products on global sourcing. But when we searched same product on amazon it says a patent has been filed on the product - US Utility Patent No. US 9585455 B2. US Design Patent No. USD 821033. Can we... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jul 29, 2020

Those are granted patent numbers. If you make, use, sell, or offer to sell a product in the United States that is covered by these patents, then you will be infringing. As you know of the patents, they may seek to enhance the damages up to 3x for willful infringement.

You need to either...
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2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Texas on
Q: My friend and I have come up with an idea that we want to market. It is extremely unique.

My friend and I have come up with an idea that we want to market. It is extremely unique. We have been researching for a few days now to make sure there is nothing like it on the market. We were trying to figure out if we need a patent to manufacture the product to sell or if we need a copyright.... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jul 27, 2020

It is not clear what your invention is so my answer is going to be somewhat general.

You asked "can we file the paperwork with the U.S. ourselves"? The answer is yes you can. The USPTO allows inventors for file patent applications without the assistance of patent attorneys....
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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: Is it legal to for a multi billion structured patent settlement to be reversed?

At first i was told to hire a contracts lawyer. Now that the settlements were reversed what kind of attorney do i need to hire?

Peter D. Mlynek
Peter D. Mlynek answered on Jul 19, 2020

Yes, it is possible for a settlement to be reversed.

The kind of an attorney to represent you will depend on the nature of the problem. I would think that a patent litigator would be an appropriate starting point.

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1 Answer | Asked in Consumer Law, Copyright and Patents (Intellectual Property) for Texas on
Q: Would it be possible for an unrelated individual to use this process to design a consumer good after getting investors?

US Patent Application for LASER INDUCED GRAPHENE MATERIALS AND THEIR USE IN ELECTRONIC DEVICES Patent Application (Application #20200112026)

Do patent applications on new methods of producing material products make it impossible for others to use the methods in their own designs?

Thankyou

Kathryn Perales
Kathryn Perales answered on Jun 29, 2020

If a granted patent describes the same method that you want to use, then the inventor can prevent you from using that process without their permission. If a patent application has not yet been granted, then the inventor does not yet have the right to stop you. However, if the patent is granted... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: Infringement of patent

I am launching my first product. However, my competitors have patents but I am thinking to change the design not function. Would my competitors' patents be infringed? Is it possible to get a patent for my product? Thank you!

Anthony Santangelo
Anthony Santangelo answered on Apr 7, 2020

This is a very difficult and complicated question. A non-provisional patent generally covers the function of an item whereas a design patent covers the ornamental look of a product but not its function. You can still infringe on A patent by changing its design if your new product “reads on”... Read more »

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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: How do you file a patent?

If you have an item that you want to patent, what are the steps to get a patent, or where would you go to get a patent?

And can the patent include more than one person for the creation of the object?

Peter D. Mlynek
Peter D. Mlynek answered on Apr 4, 2020

To get a patent, you need to reach out to a patent attorney, and the patent attorney will take care of it for you.

If you do not know a patent attorney, reach out to any attorney that you know, and he will put you in touch with a patent attorney who should be able to help you.

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1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: I want to build shipping container pools but am worried about patents since there is only so many configurations?

By using the same vessel there are only so many ways to configure a pool. Should I be worried about other builders patents or would they actually hold up as long as I don’t blatantly steal IP.

Peter D. Mlynek
Peter D. Mlynek answered on Feb 8, 2020

Whenever you want to start producing and marketing products that are not commonplace or have not been around for a long time (i.e. 20+ years), yeah, you should contact a patent attorney about this. The patent attorney will give you options for you to pursue.

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: What is the name of the registered patent agent/attorney who filed the application on behalf of the inventors? p '719

Patent No. 10531719

Peter D. Mlynek
Peter D. Mlynek answered on Feb 8, 2020

According to the facepage of US Patent 10,531,719, the name of the patent attorney/agent is Celia H. Leber.

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: Mfrs offered a license agreement for my utility patent, 18% royalty but want me to pay them 8K to rep. Is that normal?

Non-exclusive, 2yr contract. They claim it is because they are taking all the risk. I already have product inventory, cads, engineering designs.

Kevin E. Flynn
Kevin E. Flynn answered on Jan 11, 2020

Your question is actually beyond the pure practice of acquiring patents. This is licensing (a form of contracts) and you should hire competent counsel that has negotiated a number of patent licenses. I would be leery of putting up money as you don't know if they will earn it. You may want... Read more »

1 Answer | Asked in Real Estate Law, Landlord - Tenant, Patents (Intellectual Property) and Probate for Texas on
Q: Who would be the owner of a title or have claim to the title to real property if...

My father transfered a property to my mother through a special warranty deed that my grandmother had originally transfered to both of them through a warranty with vendor's lien but prior to this in '72 one half of the interest was transferred by a quitclaim deed to my grandmother while... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 6, 2019

The only way any attorney can give you a definitive answer would be to review the entire chain of title with his or her own eyes.

2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: Am I able to manufacture an item similar to this patented design without repercussions?
Peter D. Mlynek
Peter D. Mlynek answered on Aug 3, 2019

If you are infringing, then no. To get a proper answer, you need to hire a patent attorney.

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: We have a provisional patent registered with an intention to convert-file for a regular patent.

We have disclosed this patented process to a large company under NDA (1 year term). We have several meetings with them, and they were very interested. At some point they broke off all talks with us, and we know that they are working on this technology evaluation and further testing in house but... Read more »

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

Your situation is serious and not one for freebie answers on a service like Justia. My only advice is that you need to consult with an attorney with relevant skills ASAP. As food for thought to help you get ready for that meeting, here are some things to think about. My suggestions are not... Read more »

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