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Utah Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for Utah on
Q: A guy says I’m infringing on his patent but I don’t believe I am. I also don’t want to go to court over it.

I looked up his patent and it is for something different but one piece could be in his patent? Not sure where to go from here.

Kevin E. Flynn
Kevin E. Flynn answered on Feb 20, 2020

Step one is you need to work with a patent attorney to dive deeply into the patent and make a detailed comparison of the independent claims to your product. This is often called a claim chart and this work is called clearance or freedom-to-operate analysis.

If you clearly do not have one...
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1 Answer | Asked in Copyright and Patents (Intellectual Property) for Utah on
Q: Can I propogate succulents for fun and to earn a little extra cash?

I have been wanting to propogate succulents for the experiment and fun of it. I also hoped to sell any babies that might be successful for some extra money. However while I did some research I learned that their where certain patent laws that made it illegal for some succulents. What succulents am... Read more »

Wesley Winsor
Wesley Winsor answered on Aug 13, 2019

This is a very nuanced area of law. I do not even dabble in this area. I thought I could provide some self-help resources though.

If you are wondering whether a type of plant has been patented, you will need to search the patent databases for whether the patent has been registered....
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Utah on
Q: My dad invented insta fire and on most of the the patent abstracts his name is changed not only the he named him produc

Pantent #6093224 inventer Gary T Jones

Griffin Klema
Griffin Klema answered on Nov 14, 2018

It is not clear what your question is (maybe you submitted the form before typing the full question?). The USPTO shows "Gary T. Jones" as the first named inventor on U.S. patent no. 6,093,224. The abstract for that patent does not include any names.

2 Answers | Asked in Patents (Intellectual Property) for Utah on
Q: My legal name changed. Is it possible to make this change in my published patents ?
Kevin E. Flynn
Kevin E. Flynn answered on Sep 21, 2018

I am posting the answer here in case others have the same question. I am not aware of a way to update the name of an inventor on an issued patent. It does not seem to be a good fit for a certificate of correction as there was not an error to correct.

To the extent that you are an...
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1 Answer | Asked in Patents (Intellectual Property) for Utah on
Q: I am wanting to sell a product that has a patent in the United states but the thing is this same product has been made

in China for several years and has been sold throughout the world for several years before this patent was issued in the United States. Would I be able to sell this product even though there is a patent in the United States? If I could prove that the product already existed and was being sold... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Jul 14, 2018

The question is not whether the product has been sold before the patent was ISSUED, but whether the product has been sold before the patent was APPLIED FOR. Remember, it takes several years from the application date to the issue date.

But, if you could prove that the product claimed has...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Utah on
Q: Would I be able to sell rainbird an idea/ improvement to their original impact pop up sprinkler?
Kevin E. Flynn
Kevin E. Flynn answered on Jul 2, 2018

It is possible to sell an idea without a patent or at least a pending application but it is very difficult. Without patent protection, other people will be able to make the same product without paying you so the company that pays you is at a disadvantage unless there was some big advantage to... Read more »

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Utah on
Q: Can ambulance sound be used/sold as a sound effect, if it was made from scratch

if a sound, like the one used for an ambulance is made from scratch, to be sold as a sound effect, but is not the exact same, would this infringe on copyrights if such a sound were copyrighted? and if it weren't copyrighted could this in anyway break the law?

Kevin E. Flynn
Kevin E. Flynn answered on May 10, 2018

I do not see a problem with respect to patents for having an ambulance sound. While there are patents with respect to sirens, most deal with detecting a siren or other sophisticated interactions. https://patents.google.com/?q=siren&oq=siren

Chances are that your process to create a...
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2 Answers | Asked in Patents (Intellectual Property) for Utah on
Q: What does it mean that the filing date is in 2014 and the date of patent is in 2018? (E.g. “effective filing date?”)

If so, which is which?

Peter D. Mlynek
Peter D. Mlynek answered on Mar 24, 2018

The date of the patent is the date at which the patent starts to be enforceable. This is called the "issue date" or "grant date".

The day that you apply for a patent is the "filing date". It takes many months or years from the filing date to the issue date....
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1 Answer | Asked in Patents (Intellectual Property) for Utah on
Q: What is the best way to search and see if a product idea that i have is already currently patented?
Peter D. Mlynek
Peter D. Mlynek answered on Feb 15, 2018

You either have to do a patent search yourself, or hire a patent attorney or a patent searcher to do it for you.

As with anything, obviously someone who does searches for his/her living will do a better job than you can, but many people do searches themselves to do a good enough job for...
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1 Answer | Asked in Patents (Intellectual Property) for Utah on
Q: What if a patent has been issued, but the product was never developed, and I want to develop it and sell it?

I am asking about US 7185386 B2 (paint brush with interchangeable bristles). I can find this on the market, but I love the idea. I am an actual painter with a marketing background and I feel capable of selling this product. What can I do? Can a patent be transferred? SHould I contact the patent... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Feb 7, 2018

Step 1 is to ensure that the patent is still in force.

Go to Public PAIR https://portal.uspto.gov/pair/PublicPair Put in the patent number (check the box to switch for patent number rather than patent application). https://portal.uspto.gov/pair/PublicPair

The record shows that...
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2 Answers | Asked in Patents (Intellectual Property) for Utah on
Q: What is the best way to search and see of a product ideas that i have is currently already patents?
Peter D. Mlynek
Peter D. Mlynek answered on Jan 31, 2018

It is not easy. Many people make a living doing patent searches.

One way is to do a keyword search on the USPTO website

http://patft.uspto.gov/netahtml/PTO/search-bool.html

Try various Boolean searches.

One big problem that you will run into is that there are so...
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1 Answer | Asked in Patents (Intellectual Property) for Utah on
Q: How can I get paid for an idea that I've submitted as a product to Kraft who didnt want but most likely will use later?

They said they weren't currently excepting ideas. But I know they still collect them and just vamp it up to make it different.

Kevin E. Flynn
Kevin E. Flynn answered on Jan 23, 2018

Do you have a patent application filed for the idea? If you receive an issued patent on your idea in the United States, then Kraft and everyone else will be subject to a law suit from you if they use in the United States the specific idea covered by one or more claims in your issued patent.... Read more »

1 Answer | Asked in Copyright, Business Law, Internet Law and Patents (Intellectual Property) for Utah on
Q: If my father has the right to the patientends, but is deceased who can claim them.
Peter D. Mlynek
Peter D. Mlynek answered on Jan 4, 2017

I am sorry to hear about your father's passing.

If your father had rights to the patent (i.e., he did not assign it to his employer, or he has not otherwise sold it or licensed it), then you should treat the patent the same as any other personal property.

Good luck!

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