Virginia Patents (Intellectual Property) Questions & Answers

Q: I am looking to file a patent under Using A Combination Of Features (e.g., Signature And Fingerprint) class 382/116

1 Answer | Asked in Patents (Intellectual Property) for Virginia on
Answered on Feb 22, 2019
Griffin Klema's answer
Patent attorneys analyze an invention to determine if it is patentable (is allowable subject matter under Section 101, is novel under 102, and is non-obvious under 103). Drafting a patent application is very specific, especially the claims. A method claim in a utility patent may run between $3,000 (very simple) up to $10,000 (complex) for the application. Budget $between $1,000 and $3,000 for office action responses (usually at least one, maybe two), and additional USPTO filing fees. All-in you...

Q: hello I am wondering if I have a patentable process I am using a similar process to patent #9726971 but using a uv ink

2 Answers | Asked in Patents (Intellectual Property) for Virginia on
Answered on Jan 31, 2019
Kevin E. Flynn's answer
The question is whether those of skill in the art looking at Pat. No. 9,726,971 and everything previously known in all public writings in all languages from the beginning of time would consider your modification of the process in 9726971 to be a non-obvious modification. Notice that the pool of information is not just patents but trade magazines, textbooks, product specs for the UV inks, etc.

If people of skill in the art know that you can substitute a UV ink and it will have the...

Q: This patent is regarding the internet of thing and do you deem current internet of things implementation infringing on

1 Answer | Asked in Patents (Intellectual Property) for Virginia on
Answered on Sep 20, 2018
Peter D. Mlynek's answer
That publication number is a publication of Application No. 10/470,403, which was abandoned. This application never matured into a patent, so there cannot be any infringement of it.

Q: Does my patent cover Drones as well?

1 Answer | Asked in Patents (Intellectual Property) for Virginia on
Answered on May 20, 2018
Kevin E. Flynn's answer
Your question does not convey the relevant patent number. You may want to re-post the question with a reference to a specific patent number.

I hope this helps.

Kevin E Flynn

Q: What happens if you come across an invention w/status of "abandoned" on the application? Can you move forward with it?

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Virginia on
Answered on Mar 7, 2018
Kevin E. Flynn's answer
If an application is abandoned far enough back that it is not a situation where the response was lost in the mail (and may be revived), then you should check three things.

1) Sometimes when things are not going well, an applicant will file a continuation or a continuation-in-part and continue seeking patent protection under that new serial number. If you look at the application that is abandoned in Public PAIR -- you can check the tab labelled continuity data to see if this has...

Q: how can multiple companies sell sewing tape measures without infringing on a patent?

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Copyright for Virginia on
Answered on Mar 5, 2018
Kevin E. Flynn's answer
There are a few options for how multiple companies sell a product when there is a patent for that product.

1) The patent has expired at the en of its normal term or early for failure to pay a maintenance fee. Once the patent is no longer in effect, companies are free to create a generic product.

2) The companies took a license to a product. This is fairly common with computer equipment where the patent becomes necessary to comply with the standards and then everyone needs to...

Q: I have a patent problem. I am looking for a lawyer that would help me and compensated for the damages recovered.

2 Answers | Asked in Patents (Intellectual Property) for Virginia on
Answered on Feb 28, 2018
Peter D. Mlynek's answer
Well, I think that you are in luck. Patent litigation was typically not taken on a contingency basis, but after the NTP v RIM case, where the plaintiff attorney earned over $200 million on a $612M verdict, many more firms are looking at this. Typically, however, you should be ready to pay a litigation attorney $30K to $100K per month for the length of the litigation if our outcome is projected not to be in that neighborhood.

Now, there are some attorneys who will do a blend of hourly...

Q: my 8 year old son told a fib about his step dad shooting him with a bebe gun what do i do?

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Patents (Intellectual Property) for Virginia on
Answered on Nov 9, 2017
Jan F Hoen's answer
He should retain defense counsel. That is a serious charge.

Call Ray Ferris in Roanoke.

Q: If I just created a new invention or concept what's the best way I can protect if I have no money

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Virginia on
Answered on Oct 16, 2017
Peter D. Mlynek's answer
You've asked about an invention, which is covered by patents, but you posted your question under copyrights. Let me answer your question both ways.


If you are trying to protect something that is copyrightable, then the protection does not cost you anything. If you write an article, or a book, or a movie script, or shoot a movie, and like, then it is copyrighted when you fix in a tangible medium. It used to be that you had to submit it to the Copyright Office, but...

Q: How can I protect my ideas if im dead broke?

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Virginia on
Answered on Oct 11, 2017
Kevin E. Flynn's answer
For a short period of time, you can keep your idea a secret. This may not work forever as others may eventually come to the same solution for the same problem.

There is a pro bono program for inventors run at the United States Patent and Trademark Office. I have not used this program but can get you started with a link to their web page.

Ideally you find an attorney that can...

Q: how to patent the design and construction of a machine before I sell the first unit to a company

1 Answer | Asked in Patents (Intellectual Property) for Virginia on
Answered on Nov 22, 2016
Peter D. Mlynek's answer
Get a patent application filed before you talk to your client. Talk to a patent lawyer about it.

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