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Wisconsin Patents (Intellectual Property) Questions & Answers

Q: What are the first steps in protecting a concept for/of a new business? Does it involve patents or copyright?

Kevin E. Flynn answered on Jan 23, 2019

Might not be a patent. The Supreme Court has recently made it fairly difficult to patent a method of organizing human activity. See the documents used to train patent examiners -- https://www.uspto.gov/patent/laws-and-regulations/examination-policy/subject-matter-eligibility On the other hand,... Read more »

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

Q: Can I get the same layer as xxxx because my inventions are similar as his but different enough and more effi

I would like to work with the same lawyer who worked with xxxx because his motor designs are similar to mine, but mine are better. Do you help with licencing the technology as well? I would need to have you sign a non-disclosure form. I am sure that after you see my flux switching/ permanent... Read more »

Kevin E. Flynn answered on May 31, 2018

I do not know the specifics of what Charles J. Flynn invented (no relation). However, it is one of the quirks of patent law that a patent attorney working for a client in a specific area generally cannot help another client in that same area.

The patent attorney cannot help two different...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Wisconsin on

Q: For how long does an inventor(s) maintain the right to control the dissemination and usage of their patented content?

Is there a federal maximum number of years which is applicable to all patent applications? How would this length of time be negotiated? Can the length of time be adjusted later on, in a re-application of some sort? Does average length of time tend to vary by state, by industry, number of... Read more »

Kevin E. Flynn answered on Feb 19, 2018

Patent term is more confusing than it should be. The one part that is simple, is that patent term is not a function of the technology. There is not a way for the applicant to apply to extend the patent term (unlike trademarks or copyrights). (but as noted below, there are things that can shorten... Read more »

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