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Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) on
Q: I have a technology idea to propose to some leader in the field (e.g. Samsung) in exchange for sharing a patent.

I would like them to financially support the patenting process and also develop the technology in exchange for a percentage of the patent rights.

Would this be something that such technology giants might be interested in at all?

Thank you very much for your time.

Kevin E. Flynn
Kevin E. Flynn answered on Oct 9, 2021

I cannot speak for Samsung but a more common pattern is that the big company does not want to talk to you at all until you have an issued patent. Sometimes they will talk to you once you have a patent application filed. But at that stage it is not clear whether you will obtain rights at all.... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Do patents cover all designs or does it cover the entire concept?

I am being accused of copyright infringement by a company because we make the same product but in different ways. We both make hock socks (protective socks for rabbit's feet) The other company makes them with 3 different fabrics a solid toe and velcro or button around the ankle. I make mine... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Oct 8, 2021

Patents cover the invention that is described in the claims of the patent. A patent may indeed cover all hock socks, or it may cover just a very specific type of hock socks. Without knowing more, we can't really tell you.

Given that you've been contacted by the patent...
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Q: "fair use" Example: I make a cake to sell and hand draw an NFL logo on it. Can I post a picture on instagram?

I am trying to understand fair use and social media. If I were to make an edible product and hand create in icing an image of a trademark such as an NFL logo, video game character, or other trademarked image can I put the image of my final product on instagram? I am not selling the exact edible... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Oct 6, 2021

No. You shouldn't do that. It would be difficult to argue that what you are describing is fair use.

Some people selling trademarked products do not get caught, say, when they sell their products at a neighborhood picnic, but NFL has lots of people making sure that their trademarks...
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2 Answers | Asked in Copyright and Patents (Intellectual Property) on
Q: Hi, I want to know if I could use the patent US20050149421A1for free in European Union as it has been abandoned. Thanks.
Kevin E. Flynn
Kevin E. Flynn answered on Oct 6, 2021

You asked -- I want to know if I could use the patent US20050149421A1for free in European Union.

A few clarifications. First US20050149421A1 is not a patent. It is a publication of a patent application that did not mature into a patent in the US.

So this particular document does...
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3 Answers | Asked in Patents (Intellectual Property) on
Q: Hello, I am currently a housewife and I have an idea for a cleaning product. I would like to get the idea patented.

I just don't have any idea where to start? I need to get the idea made into something physical that can sell. I also don't want to lose the opportunity to make the idea mine so that someone else can't steal it from me. I have never heard of this kind of product before so I guess I... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Oct 5, 2021

Good luck on your journey. Eventually you will need to work with a patent attorney if you want to protect your idea.

But it does not hurt to get some general orientation before you reach out to a patent attorney. Knowing some of the lay of the land and vocabulary will make you more...
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2 Answers | Asked in Federal Crimes and Patents (Intellectual Property) for Florida on
Q: On Appeal to District Appellate Court my case was VACATED and REMANDED back to the Bankruptcy Court. The Court REFUSED.

The Bankruptcy Court said I owed

Payment s to my plan . My case was ruled against me and ended before the Appeal the Appellate Court decided the Vacate Remand Order. The Bankruptcy Judge who did so was removed from his cases before he made the decision.

I have unquestionable... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Oct 4, 2021

This question was posted as a question on patents (inventions). That is not the right topic. You may get better answers if you post this as a bankruptcy question.

Good Luck

Kevin E Flynn

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: What is IP/patent ownership assignment when filing a patent application?

I submitted a good patent with my *previous* company. And now as a part of filing, they sent me an "assignment" PDF file to sign which is odd to me and I never had an experience with signing such a file (I was going to sue the company so I'm a bit suspicious about their request).... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 29, 2021

Basically they want you to give them the patent.

Depending on your employment contract they may have rights to it already.

Consult with an attorney.

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: The living universe and the secrets of it's eggs causing earthquakes and Mystical phenomena on Earth

Can I patent this facts with living proof of what causes the earthquake and much much more??

Kevin E. Flynn
Kevin E. Flynn answered on Sep 26, 2021

A patent allow you to prohibit others from making, using, selling, or offering to sell something that uses the patented technology. So it is not about documenting a truth about how the universe was formed.

If there is some way that someone could use your information to do something, then...
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1 Answer | Asked in Criminal Law, Landlord - Tenant and Patents (Intellectual Property) for Arkansas on
Q: So if I was homeless and know of a home thats empty and been empty for years can I squat in it and make ot mine ? If so
Kevin E. Flynn
Kevin E. Flynn answered on Sep 24, 2021

This question was routed to patent attorneys that work with inventors. That is not the right group of lawyers to answer this. It does not sound like landlord-tenant either.

In real estate law there is a little used provision called adverse possession that was left over from a much...
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1 Answer | Asked in Copyright, Legal Malpractice, Patents (Intellectual Property) and Trademark for California on
Q: i need to file a patent

i have some softwear that i need to gain all rights for leasing

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 23, 2021

You need to consult with a patent attorney and do an analysis of cost and benefit.

1 Answer | Asked in Patents (Intellectual Property) on
Q: Can I file an RCE by a 3-month official due date after an AFCP2.0 is filed but before an AFCP2.0 decision is made?
Stephen E. Zweig
Stephen E. Zweig answered on Sep 21, 2021

Probably yes, but the USPTO will likely then consider your AFCP 2.0 request to be withdrawn and will instead most likely go with the RCE.

1 Answer | Asked in Gaming and Patents (Intellectual Property) for California on
Q: How do I patent a sports gambling game? Also should I patent the game or the app?

I want to use my game in an app so do i patent the game or the app?

Peter D. Mlynek
Peter D. Mlynek answered on Sep 21, 2021

It may be easier to patent the app, you'd likely want to get intellectual property rights to both the app and the game.

You really need to hire a patent attorney to go over the specifics with you.

1 Answer | Asked in Patents (Intellectual Property) on
Q: who hold the patent on polymer soluplus
Peter D. Mlynek
Peter D. Mlynek answered on Sep 21, 2021

BASF is the trademark holder for the mark Soluplus, thus BASF most likely has patent rights to the polymer as well.

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Is this patent (10699605) only for the US or Europe too? I was thinking of using a similar idea regarding messages.

I was thinking of building something similar to vestaboard, inspired by pop culture: Sending messages through a board where flaps spin around an axis and stop at the correct moment to show the character. Will I be able to sell it in Europe?

Peter D. Mlynek
Peter D. Mlynek answered on Sep 21, 2021

US patent 10,699,605, like all US patents, is good only in the US. It is not enforceable in Europe.

The good news is that there does not appear to be an equivalent European patent or patent application. Vestaboard, for whatever reason, did not file this patent in Europe.

Of...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: Does the patent publication have any financial implications for the person who filed the patent?
Kevin E. Flynn
Kevin E. Flynn answered on Sep 19, 2021

This is a question best addressed by the attorney that filed the patent application. There is a concept of provisional rights (totally unrelated to provisional patent applications). Under the right circumstances, a party that is seeking patent protection can start accruing a possible damage award... Read more »

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: How can I find out if someone patented a car motor in California.

My ex husband designed a car motor while we were married. He passed away in February and he was in dealings with a car company to sell his design. When he passed his roommates didn’t allow me or his mom to get his things. So I don’t have anything to prove it was his design unless I can find the... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Sep 17, 2021

I am sorry that someone you once loved intensely has died.

One place to look for an indication that your ex-husband assigned rights in an invention over to another entity is the assignment database -- https://assignment.uspto.gov/patent/index.html#/patent/search

A limitation of this...
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1 Answer | Asked in Patents (Intellectual Property) for New Hampshire on
Q: My dad has 2 pattens out. How do I know if they are being used and should he have gotten paid on them?

Patents by Inventor xx. xx has filed for patents to protect the following inventions. This listing includes patent applications that are pending as well as patents that have already been granted by the United States Patent and Trademark Office (USPTO).

Multi frequency stacked patch antenna... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Sep 15, 2021

It appears that your dad assigned his rights to Tyco. https://assignment.uspto.gov/patent/index.html#/patent/search/resultAbstract?id=6639558&type=patNum

Often this happens as someone is working for a company and they assign their rights over to their employer. Perhaps Tyco paid...
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1 Answer | Asked in Patents (Intellectual Property) for New Jersey on
Q: How can I find the patent for McDonald's original teflon ring apparatus for cooking the eggs for egg McMuffins?
Kevin E. Flynn
Kevin E. Flynn answered on Sep 9, 2021

You can either search for the rings or look at the patents that were assigned to McDonalds. It looks like they use a patent holding company Restaurant Technologies Inc.... Read more »

1 Answer | Asked in Estate Planning, Patents (Intellectual Property) and Probate for Massachusetts on
Q: Is this possible and how can I fix this or what do I do?

My father passed away unexpectedly a couple months ago. June 12th to be exact and a month later after his funeral, I filed intestate probate as he had no will. He had debt and expenses, but his parents took care of it. After legally doing all the paperwork for probate it was done within 3 weeks... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 7, 2021

If you are appointed Personal Representative of his estate you can and should obtain information from the Registry of Motor Vehicles about the title and transfer information. If assets or monies were stolen from the estate then you may be advised to pursue the parents depending upon whether the sum... Read more »

2 Answers | Asked in Patents (Intellectual Property) for Arizona on
Q: Is there a way to use a patented product for my business without it being illegal?

I am looking to create a startup company, but there is a product that is patented and there seems to be no way around it. I am looking into ways to improve what is already out there or even use the product with my own twist in a legal fashion. The product patent is for dissolvable edible pods which... Read more »

Stephen E. Zweig
Stephen E. Zweig answered on Sep 2, 2021

It probably is a good idea to talk to a patent attorney. The claims may not be as comprehensive as you think. Alternatively, the patent prosecution history may show specific gaps in coverage. Other information, such as expiration dates, ownership, and the like, may also be helpful.

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