Lawyers, Answer Questions  & Get Points Log In

Virginia Patents (Intellectual Property) Questions & Answers

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

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

I want to know how you can help and fee

Griffin Klema answered on Feb 22, 2019

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... Read more »

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

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

the uv ink gives the advantage of being able to remove the ink from the sub straight after exposure so that there is no ink on the final product

Kevin E. Flynn answered on Jan 31, 2019

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... Read more »

View More Answers

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

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

Internet of things implementation infringement on this patent?

Publication number: 20040132530

Peter D. Mlynek answered on Sep 20, 2018

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.

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

Q: Does my patent cover Drones as well?

Please refer to claim number 6

Kevin E. Flynn answered on May 20, 2018

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

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

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

Application was submitted in 2012. Abandoned status in 2014. I noticed that the product has been manufactured in China and available to import.

Kevin E. Flynn answered on Mar 7, 2018

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...
Read more »

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Copyright for Virginia on

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

Multiple companies like Singer, Dritz and less well known companies sell sewing tape measures. How do they escape infringing on patents? Further, how can multiple companies sell retractable tape measures without infringing?

Kevin E. Flynn answered on Mar 5, 2018

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...
Read more »

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

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

I invented the machine and a research-based protocol that is being used without my permission. Large company is now selling my machines and using my research to sell a machine designed by me.

Peter D. Mlynek answered on Feb 28, 2018

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... Read more »

View More Answers

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Patents (Intellectual Property) for Virginia on

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

my son took his step dads bebe gun tried to play with it. he tried to get it out of my sons hands and my son pulled the trigger and it shot my sons wrist and left a bruse/cut. the school asked my son wat happened and he told them a fib and said that rob had him hold a pumpkin while rob shot it but... Read more »

Jan F Hoen answered on Nov 9, 2017

He should retain defense counsel. That is a serious charge.

Call Ray Ferris in Roanoke.

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Virginia on

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

Peter D. Mlynek answered on Oct 16, 2017

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.

COPYRIGHTS

If you are trying to protect something that is copyrightable, then the protection does not cost you anything. If you write...
Read more »

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Virginia on

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

Kevin E. Flynn answered on Oct 11, 2017

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...
Read more »

View More Answers

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

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

Peter D. Mlynek answered on Nov 22, 2016

Get a patent application filed before you talk to your client. Talk to a patent lawyer about it.

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.