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Texas Patents (Intellectual Property) Questions & Answers

1 Answer | Asked in Patents (Intellectual Property) for Texas on

Q: If patent number 4306706 was done in 1981, is it still good or expired?

Can the patent be renewed by someone else ? Would it keep the same patent number?

Peter D. Mlynek answered on Apr 27, 2019

That patent, like all other patents issued in 1981, has expired a long time ago.

No, it cannot be renewed. Once it is expired, anyone to use anything claimed or disclosed in the patent.

However, there are other patents that build on the technology disclosed in that patent.

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on

Q: Dear Sir/Madam, My IP or patent rights stolen by Texas Instruments Inc. I need help.

My IP or patent rights stolen by Texas Instruments. I did not give rights to TI about this patent or application. I need help.

Application #20180348152:

https://patents.justia.com/patent/20180348152

Kevin E. Flynn answered on Mar 27, 2019

The assignment database lists an assignment from you to TI. https://assignment.uspto.gov/patent/index.html#/patent/search/resultAbstract?id=20180348152&type=publNum

You should consult with a local patent attorney to sort out the nuances of what you assigned versus what is in this patent....
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3 Answers | Asked in Patents (Intellectual Property) for Texas on

Q: If I manufacture an accessory for the Iphone, what keeps Apple from suing me and taking my product?

Kevin E. Flynn answered on Mar 21, 2019

That is not how patents work. They do not have a patent on "the Iphone" . They have patents on very specific features that can be used on a mobile phone. They likely have lots of other patents. Unless you have all the required nouns and verbs in an independent claim of a patent that has been... Read more »

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on

Q: How can I prove my own property on the patent after publishing?

I am Meda, a postgraduate student at International center of nanomedicine.

I've developed new nanomaterials and send it by email for a doctor who lives in Texas, USA, he gets the results and publish a US patent without know me.

I've materials, methods, and instruments used in... Read more »

Kevin E. Flynn answered on Mar 8, 2019

I am going to assume that your fact pattern is that you invented a new nanomaterial and communicated details about this new material to a person in the US. That person has subsequently filed a patent application which you have seen as it has published.

Step 1 -- take care to preserve all...
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2 Answers | Asked in Patents (Intellectual Property) for Texas on

Q: I invested in a company many years ago and was one of 5 original investors how can I check to see if a patent has been

profitable ,used by any company ?I do know there's no statue of limitations on fraud in Texas.

Kevin E. Flynn answered on Mar 4, 2019

This tool might be helpful. Just as you record your ownership of a house with the local county records department, you record the movement of patent rights from an inventor into a company. If you know the name of the company you invested in, you can look for that company name as the assignee in... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Texas on

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

Kevin E. Flynn answered on Nov 6, 2018

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).... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Texas on

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?

Kevin E. Flynn answered on Oct 3, 2018

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... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on

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

I have a torn of the document and no notorization proof (etc)

Kevin E. Flynn answered on Aug 6, 2018

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....
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on

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

I know which ballpark I'm in but I need to bring it on down to a science!

Peter D. Mlynek answered on Aug 4, 2018

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...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on

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

Peter D. Mlynek answered on Jul 27, 2018

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...
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1 Answer | Asked in Patents (Intellectual Property) for Texas on

Q: Is this patent still valid?

I am the patent holder and am searching to see if the patent is still valid and if not how do I renew?

Peter D. Mlynek answered on Jul 25, 2018

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

1 Answer | Asked in Patents (Intellectual Property) for Texas on

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

Same

Kevin E. Flynn answered on Jul 24, 2018

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... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Texas on

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

Peter D. Mlynek answered on Jul 14, 2018

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...
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1 Answer | Asked in Patents (Intellectual Property) for Texas on

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

If patented, how would one go about obtaining permission to reproduce these items?

Kevin E. Flynn answered on Jun 26, 2018

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...
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1 Answer | Asked in Criminal Law and Patents (Intellectual Property) for Texas on

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?

Kiele Linroth Pace answered on Apr 18, 2018

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... Read more »

1 Answer | Asked in Business Law, Intellectual Property and Patents (Intellectual Property) for Texas on

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

Amazon ecommerce, private label, FBA, etc.

Kevin E. Flynn answered on Apr 3, 2018

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...
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2 Answers | Asked in Patents (Intellectual Property) for Texas on

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

Peter D. Mlynek answered on Mar 21, 2018

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

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1 Answer | Asked in Patents (Intellectual Property) and Probate for Texas on

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

We feel that it is a sham marriage just to help him get citizenship. We also have my mother and father divorce papers where it states that the property and house belong to the children.And When the youngest child turn 21 we were to sell the house and give the money to the four children. But we did... Read more »

Dillon B Norton answered on Feb 18, 2018

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... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Texas on

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

Hook on a skinny rod and at the end it has a handle. Similar to a screw driver.

Peter D. Mlynek answered on Feb 15, 2018

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...
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1 Answer | Asked in Patents (Intellectual Property) for Texas on

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

I am in Houston and want to apply a patent for a new method of simulation of well performance in fractured reservoirs. I am wondering whether or not you have any experience or successful cases about patent application in methods for reservoir simulation in fractured reservoirs. Thanks!

Kevin E. Flynn answered on Feb 8, 2018

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...
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