Ask a Question

Get free answers to your Patents (Intellectual Property) legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Texas Patents (Intellectual Property) Questions & Answers
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.

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Texas on
Q: I have a acronym that spells out focus and I want to know which one (copyright or patten) to ensure that its mine?

I want to put it on a shirt

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jan 7, 2018

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... View More

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: Can a PCT appl. claim priority to a US utility appl., and not the earlier provisional (w/ public disclosure in between)?

R. Fish writes "There is no requirement that the earliest claimed priority date is actually the date of the earliest filing anywhere. It is perfectly acceptable, for example, to file a provisional U.S. application in January 2009, a utility in December 2009, and then file the PCT application... View More

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Dec 29, 2017

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...
View More

1 Answer | Asked in Criminal Law, Family Law and Patents (Intellectual Property) for Texas on
Q: Is it still illegal for a sex offender to be registered at one address but living at another if they are off parole?

The person has been secretly living at another address for months.

William Barr
William Barr
answered on Dec 11, 2017

Depends on the length of time that person has to register as a sex offender. That is separate from parole.

2 Answers | Asked in Contracts, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: I have a very marketable product idea but I'm reluctant to bring any attention to it.

The first co that produces it will make a fortune? how do I trust anyone?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 16, 2017

This is a common fear. Unfortunately, if you never tell anyone about the idea it will be hard to move forward.

If you product has new features not found in other products, then you may be able to protect the idea with a patent application. Once you have a patent application on file, then...
View More

View More Answers

2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: if I have a similar idea, similar in function and apbut difference of materials used, can I apply/receive a patent on it
Karima Gulick
Karima Gulick
answered on Oct 8, 2017

You can but only if the improvement would not have been obvious to someone else skilled in the art. It would be difficult to patent the same idea, the same function and same application with a different material unless you can show that making it with that material would have been impossible in... View More

View More Answers

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Could documented proof (not temporary patents or signed papers) be enough to sue someone for stealing my invention ide?

I have a great invention idea and want to go to a patent lawyer because getting a patent on my own seems complicated and I don't want to mess up. However, I don't want to tell anyone about my product idea because even if they sign non-disclosure papers, they could secretly tell others... View More

Will Blackton
Will Blackton
answered on Aug 25, 2017

You should not be concerned that a patent attorney is going to steal the idea underlying your potential patent application. There are robust legal protections in place to protect your private and confidential information when you discuss legal matters with an attorney. If an attorney were to... View More

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: I invented a device while I was in college and now a company is producing it. Do I have any rights?

In 2009, I was given an assignment in college to invent something and then design the packaging for it. My packaging had a complete overview of the device and what it would do. This was then graded and put in my portfolio. Now there is a company producing my invention. Do I have any legal rights... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Aug 16, 2017

Sorry, you do not have any rights in the product. Patents are not like copyrights in this respect.

Moreover, if the invention is legally considered the same or similar enough (which it may not be), and if your packaging is sufficiently descriptive enough (which it may not be), and if the...
View More

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: Can I patent a new product to be specifically on a keychain so now one else can use the same idea?

I've got a new invention and want to see what kind of patents I can apply for

Peter D. Mlynek
Peter D. Mlynek
answered on Aug 9, 2017

Under some circumstances, it may be possible. I've seen lots of things produced on a small scale and then they are attached to a ring to make a key chain tab. I've seen miniature flashlights, screwdrivers, tape measures, Rubic's Cube, etc.

But none of those 4 examples are...
View More

1 Answer | Asked in Criminal Law, Family Law and Patents (Intellectual Property) for Texas on
Q: Can two 17 year olds in Texas who both consent to having sex with each other be stopped from having sex by the parents

Texas is the place they both live. Both 17 years of age.

Walker Fults
Walker Fults
answered on Jul 6, 2017

In Texas, the age of consent is 17. That means 17 year olds can consent to sex, so there is no legal issue there.

However, our legal system also treats those under 18 as "minors." While living under the parents' control, minors are expected to listen to and obey their...
View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: I am in the process of opening restaurants that are similar to rain forest cafe, can I get sued?

We have filed for a LLC, we have our own logo, we have our own building style and menus with some similarities but differences. If I go through with creating this restaurants, can I get sued?

Peter D. Mlynek
Peter D. Mlynek
answered on Jun 28, 2017

Congratulations on your new business venture. I hope that it is profitable.

And congratulations about worrying about this issue now, and not when you are getting cease and desist letters.

Your question has to do with “trade dress”: the appearance, the feel, the packaging, the...
View More

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: Is it possible to invalidate a Patent claim if I find a similar claim in another expired patent?

Will that invalidate that claim or the entire patent?

Peter D. Mlynek
Peter D. Mlynek
answered on May 9, 2017

Yes, it is possible.

A couple of points, though.

(1) There are different ways of invalidating a patent claim, which is different from invalidating the entire patent. The entire patent can be invalidated if, for example, a fraud was committed on the patent office, or if the wrong...
View More

Q: Is my idea for a fact compilation database protectable by patent, copyright or neither?

I want to create a fact compilation database that would be used by businesses of a specific industry.

Multiple businesses would import and upload their customer data that would be stored in cloud storage, most likely. The result would be that businesses of the same type within the industry... View More

Dr. Jamie Cuticchia
Dr. Jamie Cuticchia
answered on Apr 22, 2017

Copyright law used to require that the person seeking copyright for compilations must do more than compiling data. This was the "sweat of the brow" doctrine.

That has changed, however. A compilation of data can be copyrighted, but is must only contain the "facts."...
View More

View More Answers

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Can I patent a bread maker that makes loafs of bread in the shape of a US State?
Walker Weitzel
Walker Weitzel
answered on Apr 6, 2017

The quick answer is that a bread maker that makes loaves of bread in the shape of the US is patentable subject matter. Unfortunately, the short answer is not very informative because what you really need to know is whether the invention is also both novel and nonobvious. This is where a patent... View More

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: How long will patent number 8784024 be good for from its filed date?
Peter D. Mlynek
Peter D. Mlynek
answered on Feb 23, 2017

I am not sure, but likely until July 3, 2030.

(The reason that I am not sure is that such a simple question no longer has a simple answer. It used to be that one can just take a look at the grant date, add 17 years to it, and that would be it. Since then, the law has gotten surprisingly...
View More

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: My father, deceased, had patents in the 70s & 80s. I am sure there was infringement, and he did nothing. Remedies now ?
Peter D. Mlynek
Peter D. Mlynek
answered on Nov 22, 2016

There is likely nothing to be done now. Depending on the circumstances, the statutes of limitations likely tolled a long time ago.

If you want to be sure, go talk to a litigation attorney.

1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: Patent #4066899 I would like any information regarding recourse for protection of my fathers patent.
Peter D. Mlynek
Peter D. Mlynek
answered on Nov 22, 2016

That patent has lapsed in Sep 1993. His invention is now in the public domain.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.