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Texas Patents (Intellectual Property) Questions & Answers
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... View More

Kevin E. Flynn
PREMIUM
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
PREMIUM
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... View 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
PREMIUM
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... View 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
PREMIUM
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... View 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
PREMIUM
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
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
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....
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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
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
PREMIUM
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... View 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
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...
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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
PREMIUM
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
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... View 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
PREMIUM
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
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... View More

Dillon B Norton
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... View 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
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
PREMIUM
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...
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1 Answer | Asked in Family Law, Adoption, Child Custody and Patents (Intellectual Property) for Texas on
Q: If a child was abonded by full custody parent how can I take them in

Parent won't sign papers and is no longer in the state of tx

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jan 30, 2018

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...
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1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: Can you patent a mixture of a raw material and synthetic material?

I have an invention I am working on that combines two materials. One being a natural raw material and another that is a synthetic material. The product has a specific function and structure but the materials together have never been used in any application. The synthetic material I know is... View More

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jan 25, 2018

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...
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1 Answer | Asked in Civil Litigation and Patents (Intellectual Property) for Texas on
Q: I invested in Bumper shuffleboard back in 2001 . Alan Guridi was the inventor under Unified Science Advancements, Inc.

He has patented it patent no. D476697 HE is selling them , but I have never received any royalties. I still have my investors agreement. How can I pursue my investment.

Peter D. Mlynek
Peter D. Mlynek
answered on Jan 12, 2018

This is a breach of contract question. Go see a corporate attorney.

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