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Virginia Patents (Intellectual Property) Questions & Answers
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
PREMIUM
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...
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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
PREMIUM
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 Once the patent is no longer in effect, companies are free to create a generic...
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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
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... View More

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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... View More

Jan F Hoen
Jan F Hoen
answered on Nov 9, 2017

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

Call Ray Ferris in Roanoke.

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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
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...
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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
PREMIUM
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...
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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
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.

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