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Patents (Intellectual Property) Questions & Answers
2 Answers | Asked in Patents (Intellectual Property) and Products Liability for Minnesota on
Q: Patent 7803360 protects a product that is degradable underwater.

Does this mean that no one is never allowed to make a bio degradeble lure other than this company? If one would be able to create something, they wouldn't be able to sell it? Not quite sure I understand how this patent works. Or is the patent designed to protect their formula, meaning if one... Read more »

Carl Massey Jr
Carl Massey Jr answered on Dec 8, 2021

To understand what exclusive right is possessed by the patent owner, it is necessary to read the claims of the patent. The patent only provides the exclusive right to practice what is specified in the claims. Claims 1, 21, and 22 in this patent are independent claims. Unless a possible infringer... Read more »

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1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: I wanna make a patent. How do u do it
Carl Massey Jr
Carl Massey Jr answered on Dec 7, 2021

First, make an invention. One that is novel and nonobvious. Then write some words and draw some pictures providing adequate written description and enablement. Then file at the USPTO office and wait until they send you something back. Then argue with them that the claims really are novel and... Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: Registered copyright work better than patent for methods or software

Could a registered copyright work better for protection detailing a business method, component topology and clearly related process than a conventional patent for a software system that superimposes over the method? May it be better to do both with the patent sharing details of software system?... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Dec 7, 2021

1) Getting a patent on software that uses conventional technology to implement a set of rules for a structured human interaction is very difficult given the current Supreme Court view of this subject matter.

So figuring out an interesting way to hold an auction for dog food and then...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: After a patent application's been made can details of it be shared with organisations for model licensing

Patent being for a business methods and AI software system topology. At which time would NDA's be needed if at all?

Kevin E. Flynn
Kevin E. Flynn answered on Dec 7, 2021

I hope that you took advantage of one of several ways to expedite the review of your patent application. Many companies will not engage in serious licensing discussions until you have a Notice of Allowance. It is just hard to tell whether you will be able to obtain commercially useful claims when... Read more »

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Existing patent improvement and specifics

If the patent extends on a patent that a large company already has but improved upon with a critical building block black box topology and applies to a specific function (e.g. HR or Marketing).

Can a patent be applied for and to what degree could the generalized patent holder make a claim... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Dec 7, 2021

This is a great question. This happens all the time.

Assume that Betty invented the basic bicycle and you have invented the mountain bike. Your improvements to the basic bicycle may be sufficiently non-obvious to merit your own patents. At that point Betty cannot make your mountain...
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2 Answers | Asked in Estate Planning, Family Law, Civil Rights and Patents (Intellectual Property) for California on
Q: As conservator can I kick someone out of my parents house that abusing them?

The two are abusing my parents and drugies!

Nina Whitehurst
Nina Whitehurst answered on Dec 3, 2021

And attorney would need to review your order appointing you conservator to see what it covers, but most likely yes, you can do that. Be sure to hire an eviction attorney to help you with that. The process and the rules are surprisingly complicated.

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1 Answer | Asked in Patents (Intellectual Property) for Texas on
Q: I need to patent a saying and I looked it up and found someone else has a patent, but I think it's no longer active.

What do I need to do?

Kevin E. Flynn
Kevin E. Flynn answered on Dec 1, 2021

You cannot patent a saying. Perhaps you want to seek a trademark. If so, you should re-post this question for trademark attorneys to comment.

1 Answer | Asked in Patents (Intellectual Property) for Virginia on
Q: I am the primary on 19 patents at my company. what are the ramifications for me?

company employment states whatever is developed while employed belongs to the company. if they are going to sin off these patents/ideas or sell them as equity when selling the company, can there be anything in it for me?

Carl Massey Jr
Carl Massey Jr answered on Dec 1, 2021

Based on what you have stated, it isn't likely that you have a legal right to any compensation. You begin your question by noting that "company employment states whatever is developed while employed belongs to the company...." This aspect of an employment agreement, coupled with... Read more »

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: When did Clorox apply for patent on splashless bleach
Kevin E. Flynn
Kevin E. Flynn answered on Nov 23, 2021

With the tips in this slide set, you can use Google Patents and the USPTO patent database to answer this question and to additional questions that might arise.

Good luck

https://bit.ly/Patent__Searching

Kevin E flynn

1 Answer | Asked in Patents (Intellectual Property) on
Q: would it be difficult to re- instate the patent
Kevin E. Flynn
Kevin E. Flynn answered on Nov 22, 2021

If by reinstate you mean revive a patent that expired early from an unintentional failure to pay a maintenance fee, yes that is relatively easy (there is a fee paid to the USPTO) as long as you just recently discovered the failure to pay and the failure to pay was unintentional.

If you are...
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1 Answer | Asked in Patents (Intellectual Property) on
Q: is my patent # 7261346 still in tact

it is a truck protection device

Carl Massey Jr
Carl Massey Jr answered on Nov 22, 2021

According to the USPTO Public PAIR site, this patent expired in 2011 for failure to pay the first maintenance fee. So, no, the patent is expired.

1 Answer | Asked in Patents (Intellectual Property) on
Q: Is there an active patent on placing a cleaning cloth to the tip of the underside of a neck tie?

The square part of the underside of a necktie as a microfibre cloth for cleaning

Carl Massey Jr
Carl Massey Jr answered on Nov 17, 2021

Check out US Pat No. 8,931,115 (plug in the number at https://patft.uspto.gov/netahtml/PTO/srchnum.htm). Seems relevant.

1 Answer | Asked in Patents (Intellectual Property) on
Q: May I have a list of relevant patents on WEEE ?

electric and electronic wastes management

Carl Massey Jr
Carl Massey Jr answered on Nov 17, 2021

Certainly you may. Just find a searcher or a patent attorney and pay them to search and provide the list to you. For the same price, they'll probably provide you with copies of the documents also.

1 Answer | Asked in Patents (Intellectual Property) for Missouri on
Q: How do I buy the patent for this abandoned patent ?
Carl Massey Jr
Carl Massey Jr answered on Nov 17, 2021

You probably should not want to buy an "abandoned" patent. They're not worth much.

1 Answer | Asked in Patents (Intellectual Property) for South Carolina on
Q: Hello. I have a question about a patent for a fitted bed sheet with pockets. Is it expired I'm unable to decipher that?

I was able to Google and saw there was a patent for fitted sheets with pockets but unsure I'f it is expired

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

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 »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: need to finalize or resubmit a patent application

patent was considered abandoned. previous attorney not responsive to questions.

Kevin E. Flynn
Kevin E. Flynn answered on Nov 12, 2021

You should discuss with your patent attorney whether it makes sense to file a petition to revive an unintentionally abandoned patent application.

https://www.uspto.gov/sites/default/files/documents/sb0064.pdf

If the abandonment was indeed unintentional, then the fee to revive may...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: i need to find the screenshield kit patent. can you please help me
Kevin E. Flynn
Kevin E. Flynn answered on Nov 12, 2021

Here is a slide set that explains how to search for patents or published applications. https://bit.ly/Patent__Searching

I hope that this helps.

Kevin E Flynn

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3 Answers | Asked in Contracts, Intellectual Property and Patents (Intellectual Property) for California on
Q: How much would it cost to have a 7 page invention assignment and employee services (2pg) agreement reviewed roughly?

I have my own small business doing engineering and research, but could use some additional funds so I am considering taking on a consulting project with a large company. I know the people I'd be working with as engineers, but the HR from this place is asking I take on being a W2 employee with... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Nov 11, 2021

Generally speaking ... about $20-$25 a page ... and obviously, it would be ideal to see the document first to firm up or edit the initial estimate... and it may be a good idea to schedule a video call for discussion.

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1 Answer | Asked in Business Formation, Business Law and Patents (Intellectual Property) for California on
Q: I registered a web name LLC name with state and all variations and LLC operating agreement partner didn't sign

He has done many illegal things and I want to keep name and he didn't put in the time nor sweat equity nor capital and while he didn't sign operating agreement it calls for name being returned to me not only that he has restraining orders trying to get permanent for threatening my life,... Read more »

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

I do not see any indication that this is a patent law question.

This seems to be a business dispute that will turn on the facts. This is not a good candidate for a web site Q&A. You will need to find an attorney that handles business disputes in the relevant state and lay out the...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: Is this patent still valid?
Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Nov 1, 2021

What patent are you referring to? Please provide a patent number.

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