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Kevin E. Flynn

Kevin E. Flynn

Patent Attorney For US Startups Serious About Seeking Patents
  • Patents
  • New York, North Carolina, United State Patent & Trademark Office
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Summary

Still an engineer at heart, I help companies seek strong patent protection to arm against me-too products and stay clear of third-party patent rights.

I am the right choice for the right client, but not everyone needs the same sort of patent attorney.

Some clients want to just file something so that the client can say "patent pending" without caring about actually getting a useful patent. I am not a good fit for such clients as I want to be in it to win it.

Some clients want to file a patent application although they have no idea how to make the novel product. They see the patent process as a lottery ticket where you stake a claim for a type of product and hope for a big payoff. That is not how the system works and not how I work.

Some clients want to crank out lots of very narrow patent applications where the patent attorney essentially re-formats a fairly comprehensive invention disclosure form that has been vetted by the internal patent attorneys on a patent committee. They want someone to crank out narrow applications while minimizing expenses. They have reduced new patents to a numbers game as the company has lots of patents already. No budget for creativity. Someone with less skill than me can handle that routine work.

Some clients are building a business and know that having a strong set of patents will move the needle on the value of their company as strong patents will help protect margin and market share by keeping others from selling me-too products. They want a patent attorney that is an external team member that helps the company spend money wisely while seeking patents that have commercial significance. They want someone with sufficient engineering skills to understand their technology and communicate the technology to a patent examiner. This is the type of client that I am well-suited to help.

if you want an engineer with a broad set of skills to help you seek patents or stay clear of others' patent rights, then we should talk.

Practice Area
  • Patents
Fees
  • Free Consultation
    Selecting a patent attorney is a major decision as the process is expensive and you will need to work closely with your patent attorney. You should definitely check to ensure that you have good working chemistry with a patent attorney before deciding on an attorney. I am happy to talk with you about the process and the costs without charging you for this general information. This general discussion will not go into your invention in depth and the chances that your particular innovation will be deemed patentable over the relevant prior art.
  • Rates, Retainers and Additional Information
    I have been doing patent work since 1992 and worked as an engineer for years before going to law school. My hourly rate is not as low as someone just out of law school. On the other hand, I am much more efficient than someone still learning the craft. You total cost is impacted by efficiency. As I own my firm, I can cut a bill when that is the right thing to do. Large firms often have lots of barriers to preclude cutting a bill even when the bill is larger than it should have been. My clients stay with me for years as they see my fees as reasonable in light of the value I provide.
Jurisdictions Admitted to Practice
New York
North Carolina
United State Patent & Trademark Office
Languages
  • English: Spoken, Written
Professional Experience
Patent Attorney
FLYNN IP LAW
- Current
In 2011, founded a law firm to provide specialized legal advice regarding intellectual property, particularly domestic and foreign patent rights, and related business issues. NOTE -- the legal name of the firm is The Law Offices of Kevin E. Flynn, PLLC.
Patent Attorney
The Eclipse Group
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Joined The Eclipse Group LLP, a national law firm of seasoned attorneys that specialize in intellectual property with an aim to provide exceptional results at reasonable rates. Helped create and maintain a large portfolio of patents relating to spine surgery and spinal implants. Worked with a number of other medical device clients. Worked to manage patent firms outside of the United States to help clients acquire patent assets in both the US and abroad.
Patent Attorney
Daniels Daniels & Verdonik
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Patent attorney at a firm that specialized in helping set up and support the growth of high technology companies. Obtained extensive experience helping companies examine patent issues for the first time. Helped companies prioritize IP expenditures to get the most bang for their limited budget. Handles all aspects of patent prosecution from strategy and initial patent drafting through the patent prosecution in both the United States and outside the United States.
Patent Attorney
Moore & Van Allen
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Patent litigation and patent prosecution, general intellectual property counseling for a range of clients from small start-ups to sizeable longstanding companies.
Patent Litgation Associate
Fish & Neave
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Patent attorney, primarily patent litigation support for large patent litigation such as the disputes between Altera and Xilinx; also wrote patent applications and responses to office actions from patent agencies; opinion work on scope of claim coverage and infringement or non-infringement.
Engineer -- series of positions with increasing responsibility.
Duke Power Company - Now Duke Energy
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Series of postions over years working with industrial equipment to generate electricity, instruments to measure thermodynamic performance, computer systems to monitor and control projects. Obtained North Carolina Professional Engineer License while working for Duke Power.
Education
Duke University School of Law
J.D. (1992)
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Honors: Graduated cum laude Winner of Melvin G. Shimm Award for work as Articles Editor.
Activities: Editor on Law Journal - Law & Contemporary Problems.
California State University - San Jose State University
M.S. (1985) | Industrial & Systems Engineering
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Honors: Graduated summa cum laude and admitted into Tau Beta Pi
Duke University
B.S. (1982) | Completed the requirements for a BSE in both Biomedical Engineering and Mechanical Engineering.
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Honors: Elected Dormitory President 1978.
Awards
Patents I wrote were allowed and Issued
United States Patent & Trademark Office
I am most proud of the work I do for my clients to draft and often obtain patents that describe and claim their inventions. The award link takes you to the USPTO site to see a sample of my issued patents.
AV Preeminent®--the highest rating awarded
Martindale-Hubbell
The Martindale-Hubbell® Peer Review Ratings™ help you, the consumer of legal services, identify, evaluate and select the appropriate lawyer for your legal issue. Peer Review Ratings™ identify lawyers with the highest ethical standards and professional ability. The ratings can be a useful aid when hiring an attorney.
Named as being in the Legal Elite for the category of Patents
Business North Carolina
Since 2002, Business North Carolina magazine has honored Tar Heel lawyers by publishing Business North Carolina’s Legal Elite, a listing of the state’s top lawyers in business-related categories. Winners are chosen not by BNC editors but by the state’s lawyers. Business North Carolina’s Legal Elite has become the model for other awards and lists, but it remains unique as the only award that gives every active lawyer in the state the opportunity to participate. Business North Carolina’s Legal Elite includes the top lawyers chosen using this statewide ballot. Each year, BNC sends ballot notices to every member of the N.C. State Bar living in North Carolina — asking each a simple question: Of the Tar Heel lawyers whose work you have observed firsthand, whom would you rate among the current best in these categories? Voters are not allowed to vote for themselves. They may select members of their firms only if they pick out-of-firm lawyers in the same categories, with the latter votes weighted more heavily. The top vote-getter in each category becomes a member of Business North Carolina’s Legal Elite Hall of Fame and is ineligible to win again.
Granted Admission to Tau Beta Pi for my work while a graduate student at San Jose State University
Tau Beta Pi - The Engineering Honor Society
Admitted 1985 for my work while seeking masters degree in engineering in for Industrial and Systems Engineering at San Jose State University, San Jose, California.
Professional Associations
Biomedical Engineering Society
Member
- Current
North Carolina State Bar # 23395
Member
- Current
Activities: Member of 15B Judicial District (Orange and Chatham Counties)
North Carolina State Bar Association # 22186
Member
- Current
Activities: Member - Intellectual Property Law Section.
North Carolina Bar Association-Section on Intellectual Property Law
Member
- Current
North Carolina Sustainable Energy Association
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Council for Entrepreneurial Development
Co-Chair of Demo Room Selection Committee, Invited Speaker
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Piedmont Entrepreneurial Network ("PEN")
President
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North Carolina Professional Engineering Society (Charlotte Chapter)
Social Chairman
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Publications
Articles & Publications
Samples of Issued Patents
United States Patent and Trademark Office
Provisional Patent Applications, The Good, The Bad, and The Ugly.
North Carolina Small Business Technology Develpment Center
Patent Searching for Entrepreneurs
Triange TechBreakfast Lecture Series
Protecting Your Competitive Advantages
Presentation at You Grow Girl Annual Business Summit
CREATE ACT -- New Legistlation Protects Joint Resarch Efforts, But With a Price
WRAL TechWire
What Happened to Free Speech? Changes Are Needed to Squelch SLAPP Suits
WRAL TechWire
Madey v. Duke University - The Scrap About Patents Heard Around the World
WRAL TechWire
PTO Reexamination Proceeding ... An Inexpensive Alternative to Patent Litigation
WRAL TechWire
US Patent and Trademark Office Celebrates a Pair of Milestones
WRAL TechWire
'Shop Rights' -- Another Trap That Inventors Must Be Aware of and Deal With Early
WRAL TechWire
Inventors Beware: Don't Make a Mistake and Leave Your Patent Rights at the Office
WRAL TechWire
Inventors Beware: Don't Be in a Rush To Hire an Invention Promotion Firm
WRAL TechWire
Design Patents for Computer Screen Icons - Another Tool to Protect Your Innovation
WRAL TechWire
Protecting Discoveries: House of Representatives Passes CREATE Act
WRAL TechWire
Design Patents ... Are You Overlooking This Tool to Protect Your Invention?
WRAL TechWire
Patent Fees: Misapproriation by Any Other Name Smells Just as Rotten
WRAL TechWire
Speaking Engagements
Provisional Patent Applications, The Good, The Bad, and the Ugly, SBTDC Webinar, Webinar
SBTDC (North Carolina Small Business Technology Development Center)
Address the proper use of a provisional patent application and the problems when an inadequate disclosure is submitted.
Patent Issues for Triangle Angels Partners., Presentation to Monthly Meeting of Triangle Angel Partners, Research Triangle Park, North Carolina
Triangle Angel Partners
Overview of intellectual property tools and strategies.
Protecting Your Competitive Advantages., You Grow Girl Annual Business Summit, Charlotte, North Carolina
Discuss the concept of a competitive advantage and the various intellectual property tools for protecting the competitive advantages.
Teach entrepreneurs DIY skills with online tools for patent searching.
Patent Searching for Entrepreneurs, Triangle TechBreakfast Event at RTP Frontier, Research Triangle Park, North Carolina
Triangle TechBreakfast
Teach entrepreneurs DIY skills with online tools for patent searching.
Patent Primer for Non-Patent Attorneys, Law to the People - Continuing Education Webinar for Attorneys, Webinar
Law to the People
Three-hour continuing education course for attorneys to explain patent concepts.
Finding and Assessing Relevant Patents and Pending Applications, Launch the Venture Progam Series, Kenan-Flagler Business School- University of North Carolina at Chapel Hill
Kenan-Flagler Business School- University of North Carolina at Chapel Hill
Review what a patent is and how it can be used. Emphasize the difference between: Patentability--Ability to get a new patent and Freedom-to-Operate against existing patents and patent applications ahead of you in the pipeline. Work with finding patents and applications. Use PTO Public PAIR to get additional details on the patent application.
Finding and Assessing Relevant Patents and Pending Applications, SBTDC Webinar, Webinar
SBTDC (North Carolina Small Business Technology Development Center)
Patent process including the public tools to search for issued patents and published patent applications.
High Level View of the Patent Process., Presentation to Class of ECE 299, Pratt School of Engineeing, Duke University, Durham, North Carolina
Pratt Engineering School, Duke University
Teach engineers how the patent system can be used to protect innovations.
If you want them to hear you, speak their language., Lunch Presentation to Duke Law and Entrepreneurship Society, Duke Law School, Durham, North Carolina
Law and Entrepreneurship Society
Teach law students how to speak to entrepreneurs in an accessible way rather than making the lawyer-like noises that they learn in law school.
Protecting Your Competitive Edge, ProductCampRTP Weekend, Research Triangle Park, North Carolina
ProductCampRTP.org
An element of success in a new product is that the product is in higher demand than competing products or can be made less expensively than competing products (or both). Those elements form a competitive edge that your company can convert to increased margins or increased market share (or both). But a failure to protect these competitive edges may lead to their erosion as they are adopted by others. Learn to identify and protect competitive edges.
Protecting Your Competitive Edge, North Carolina Nanotechnology Commercialization Conference, Raleigh, North Carolina
NC Board of Science & Technology & SBTDC
Provide insights on why a company should seek patent protection and when they need to initiate contact with a patent attorney.
Protecting Your Competitve Edge, 2007 SBIR National Conference, Research Triangle Park, North Carolina
SBIR National Conference
The end goal of an SBIR/STTR project is a commercialized product that is profitable. Above average profits come from having a competitive advantage. To protect the competitive advantage and to be attractive to investors, the idea may need intellectual property protection. Come learn the big picture concepts you need know now and learn the how to avoid SBIR pitfalls that can hurt long-term viability. Session will also cover issues revolving around the ownership of your intellectual property.
Protecting Your Competitive Edge, CED Entrepreneurs Only Workshop: IP Protection, Research Triangle Park, North Carolina
CEDNC.org
Explanation of the concept of a competitive edge and how the patent process can protect a competitive edge. Include guidance on the timing for seeking patent protection before it is too late.
Information Disclosure Statement Filings, Masters Engineerng Management Course of Patent Process, Pratt School of Engineeing, Duke University, Durham, North Carolina
Pratt Engineering School, Duke University
Practical advice on the process of selecting material for information disclosure statements and the duties of disclosure under 37 CFR 1.56.
Patent Law Tricks, Treats, and Scary Things, Conference hosted by Aurora Funds, Durham, North Carolina
Aurora Funds
Tricks, treats, and scary things with respect to the patent process and early stage companies.
Being Creative When Prosecuting Patents and Writing Agreements, American Intellectual Property Law Association Annual Meeting, Washington DC
American Intellectual Property Law Association (AIPLA)
A presentation and paper co-authored by Shannon Mrksich, Brinks Hofer Gilson Lione on the Create Act and the impact on joint research agreements with respect to the patent process.
Turning Your IP Into Dollars, Forum 2003- Emerging Intelligence, Chapel Hill, North Carolina
North Carolina Electronics Information Technology Association -
The ongoing cycle of identifying, protecting, using and commercializing intellectual property to increase corporate revenues. Kevin Flynn and Caroline Rockafellow will give practical advice on obtaining maximum value from intellectual property assets.
Intellectual Property Issues: Opportunities and Pitfalls, SBTDC SBIR Workshop, Research Triangle Park, North Carolina
SBTDC (North Carolina Small Business Technology Development Center)
Explanation of the intellectual property and regulatory framework that envelopes the SBIR grant recipient company. Goal is to provide practical advice and triggers for when it is time to get help from a patent attorney.
Certifications
AV Preeminent™ Peer Review Rated
Results of Peer Reviews compiled by Martindale-Hubbell
Professional Engineer License (now expired)
North Carolina Board of Examiners for Engineers and Surveyors
Registration as Patent Attorney
United States Patent & Trademark Office
Websites & Blogs
Website
FLYNN IP LAW website
Website
LinkedIn Profile
Blog
Samples of My Patent Work
Blog
PowerPoint slide set on Patent Searching for Entrepreneurs
Blog
PowerPoint slide set on what should be in Provisional Patent Applications
Blog
PowerPoint slide set on Protecting Your Competitive Advantages
Legal Answers
358 Questions Answered

Q. how to connect with autors of this patent?
A: The question as presented to the attorneys did not include a specific patent number. I am going to answer your question generally. You can use Public PAIR to find an address for each of the inventors. https://portal.uspto.gov/pair/PublicPair The address may be a business address and the address may be stale but that is one way to try. Another way to try is to use Public PAIR and look at the contact information for the attorney responsible for this patent. That attorney is likely to know how to reach the inventors but not always as the inventors working for a company may have assigned their interests and moved on without leaving a forwarding address. That leads to an important point. The original inventors may have assigned their rights and may no longer control the patent or the ability to license the patent. The Assignee (if recorded) is noted on Public PAIR too. I hope that this helps. Kevin
Q. For family history I want to verify my father Roy K Runyon had a patent in the 1930's for an oil bath air cleaner AUTOS
A: Take a look at https://patents.google.com/patent/US1788410A/en?oq=US1788410A There may be other patents in this family but this should get you started. It is hard searching back that far as many of the tools focus on just the last few decades. I hope this helps. Kevin E Flynn
Q. Hi, I’m doing research for a biology project and I need to know the patent number of Naturgard Maximizer corn?
A: https://patents.google.com/?q=corn&assignee=sygenta&country=US That should narrow down the pool and ideally has what you are looking for. If not you can take a look at all assets assigned to Syngenta via the assignment database -- https://assignment.uspto.gov/patent/index.html#/patent/search. I hope this helps. Kevin E Flynn
Q. I'm in the early stages of developing a board game and have a prototype done that I am ready to playtest.
A: A agree that copyrights and trademarks are important but depending on the game, you may be able to obtain patent protection. See for example US Patent No. 9908033 which issued in 2018 for a variation to UNO. You can do an initial search using tools set forth in http://bit.ly/Patent_Searching. Once you have done some initial searching, you can contact a patent attorney to take the search to the next level. If you are looking to preserve patent options in many places, then you should not make or offer any sale terms to sell the product. You shall not operate the invention in a public place. Ideally, you do not describe the inventive features on a public document on the internet or in anyother forum. I hope that this helps. Kevin E Flynn
Q. How i can see between 1934 and 1944 ?
A: The USPTO search tool allows you to search text in patents back to 1976. The USPTO assignment database goes back to 1980. I do not know a free tool that goes back to the 1930s. You may want to contact a reference librarian at a college near you. You may want to start by calling the nearest college that holds the patent collection and has special tools for searching https://www.uspto.gov/learning-and-resources/support-centers/patent-and-trademark-resource-centers-ptrcs Sorry I could not be of more help. Kevin E Flynn
Q. Could anybody help me to verify that when this patent US 6,241,739 B1 will expire or is this already expired..??
A: WIth respect to expiration dates for patents... PATENT TERM 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 the term) It is the same for dishwasher patents or patents on an ultrasound machine. Unfortunately, to try to make things fair, the rules have a number of layers. Old rules were that patents had a term of 17 years from when they issued. New rules are that apply to patent applications filed after June 8, 1995 are 20 years from the first non-provisional patent application. Applications pending on June 8, 1995 get to choose between the old and new rules so it is possible that something could pop out with a 17 year term that was filed before June 8, 1995 but that is pretty rare. So you ignore the filing date of the provisional application (if any) and look to the oldest non-provisional patent application in the chain of priority. Some applications claim priority back to an earlier non-provisional application via a divisional application, continuation application, or continuation-in-part application. There are several things that can change this default 20 year term 1) Patent Term Adjustment -- These are bonus days added to the end of the term to make up for the Patent Office being slow in doing their job. This is printed on the patent. 2) Patent Term Extension -- There are extra days added to things undergoing certain types of regulatory review such as review of a new drug at the FDA. The thought is that patent days should not tick off the clock while you are not allowed to sell the product. 3) Sometimes two patent applications are deemed similar by the patent office and they tie the end date of the second application to the end date of the first application. This is called a terminal disclaimer and rarely has a huge impact due to the new 20 year rule. 4) The patent owner has the option of disclaiming the rest of the patent term. This rarely happens but could if the patent owner was worried about an antitrust charge from maintaining a blatantly invalid patent. 5) Some patents become toothless as the claims are deemed invalid or unenforceable in litigation. 4) The patent may expire early if the patent owner does not pay a renewal fee by start of years 4, 8, and 12. This fee is called a maintenance fee. You can see the status using Public PAIR or you can check at https://fees.uspto.gov/MaintenanceFees. Finally, with respect to design patents that cover the distinctive ornamental appearance filed after May 13, 2015, the term is 15 years from issuance. (No maintenance fees, no Patent term adjustment) Your patent attorney can sort through these nuances if this seems overwhelming. If you are willing to rely on Google Patents and not check the details yourself. Google patents says that 6,241,739 will expire 2019-11-12. So you can probably take initial steps to prepare to sell items covered by this patent in early 2020. You may need to talk with a patent attorney on how far you can go while the patents are still alive. You may need to have prototypes made and kept outside of the country as the patents prevent people from making, using, or selling a device that falls under the scope of the patent. You may want to look if any newer patents were compared to 6,241,739 during prosecution. These may be relevant to you as well. See http://bit.ly/Patent_Searching for discussion of forward chaining. If you found this answer helpful, you may want to look at my answers to other questions about patent law are available at the bottom of my profile page at https://lawyers.justia.com/lawyer/kevin-e-flynn-880338 Kevin E Flynn
Q. Hi, Any one can confirm whether these patents are still valid ? Patent number: 6500183 Patent number: 6241739
A: First, I believe that you mean non-expired. Valid goes to the issue of whether the USPTO made a mistake in granting the patent as one can challenge the validity of a patent even after it was issued. WIth respect to expiration dates for patents... PATENT TERM 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 the term) It is the same for dishwasher patents or patents on an ultrasound machine. Unfortunately, to try to make things fair, the rules have a number of layers. Old rules were that patents had a term of 17 years from when they issued. New rules are that apply to patent applications filed after June 8, 1995 are 20 years from the first non-provisional patent application. Applications pending on June 8, 1995 get to choose between the old and new rules so it is possible that something could pop out with a 17 year term that was filed before June 8, 1995 but that is pretty rare. So you ignore the filing date of the provisional application (if any) and look to the oldest non-provisional patent application in the chain of priority. Some applications claim priority back to an earlier non-provisional application via a divisional application, continuation application, or continuation-in-part application. There are several things that can change this default 20 year term 1) Patent Term Adjustment -- These are bonus days added to the end of the term to make up for the Patent Office being slow in doing their job. This is printed on the patent. 2) Patent Term Extension -- There are extra days added to things undergoing certain types of regulatory review such as review of a new drug at the FDA. The thought is that patent days should not tick off the clock while you are not allowed to sell the product. 3) Sometimes two patent applications are deemed similar by the patent office and they tie the end date of the second application to the end date of the first application. This is called a terminal disclaimer and rarely has a huge impact due to the new 20 year rule. 4) The patent owner has the option of disclaiming the rest of the patent term. This rarely happens but could if the patent owner was worried about an antitrust charge from maintaining a blatantly invalid patent. 5) Some patents become toothless as the claims are deemed invalid or unenforceable in litigation. 4) The patent may expire early if the patent owner does not pay a renewal fee by start of years 4, 8, and 12. This fee is called a maintenance fee. You can see the status using Public PAIR or you can check at https://fees.uspto.gov/MaintenanceFees. Finally, with respect to design patents that cover the distinctive ornamental appearance filed after May 13, 2015, the term is 15 years from issuance. (No maintenance fees, no Patent term adjustment) Your patent attorney can sort through these nuances if this seems overwhelming. If you are willing to rely on Google Patents and not check the details yourself. Google patents says that 6500183 will expire 2019-12-10. And Google Patents says 6241739 will expire 2019-11-12. So you can probably take initial steps to prepare to sell items covered by this patent in early 2020. You may need to talk with a patent attorney on how far you can go while the patents are still alive. You may need to have prototypes made and kept outside of the country as the patents prevent people from making, using, or selling a device that falls under the scope of the patent. If you found this answer helpful, you may want to look at my answers to other questions about patent law are available at the bottom of my profile page at https://lawyers.justia.com/lawyer/kevin-e-flynn-880338 Kevin E Flynn
Q. In this patent: 9908033 Is there a protection for draw 2, draw 4 and choose-color cards or the rules of "uno"? Thanks!
A: According to Wikipedia, UNO came out in 1971 and became a Mattel property in 1992. Thus, the core aspects of the game have been around for a long time and are no longer patented. (they may be subject to copyright or trademark protection). Taking a quick look at the patent that you cite, it seems to address a quirky set of rules that I do not remember from playing UNO. In one embodiment, the supplemental indicia 29 and supplemental indicia 29′ comprise anyone of a “U”, “N”, “O”, “!”. Of course, any other configurations are contemplated to be within the scope of various embodiments of the present invention. When one of the second plurality of cards 42 with the “U” is played that player is allowed to grab and be in possession of the game piece 14 with the matching indicia 29′. This game piece protects the player who possesses it against any Draw One card that is played on them. Also shown on the “U” game piece 14 is the indicia +1 in a circle. In other embodiments, the game piece 14 can be formed with or without this indicia. When this occurs they simply play to the color or symbol on the card without the penalty of drawing a card. When one of the second plurality of cards 42 with the “N” is played that player is allowed to grab and be in possession of the game piece 14 with the matching indicia 29′. This game piece protects the player who possesses it against any Draw Two card that is played on them. Also shown on the “N” game piece 14 is the indicia +2 in a circle. In other embodiments, the game piece 14 can be formed with or without this indicia. When this occurs they simply play to the color or symbol on the card without the penalty of drawing any cards. You need to read the patent carefully, perhaps with the help of a patent attorney and then look to see what is in the lengthy claims and see how the phrases used in the claims map back to the disclosure. I suspect that this is a variation of the rules that is a shift from the UNO of old. I hope this helps. Kevin E Flynn
Q. Hi I have a patent when i sold my business part of the deal was my patent been over 20 years.Someone has been infringing
A: I no longer work on patent litigation so I am not your solution. But I like to help where I can. A patent that expired last week might have some value as you can sue folks for infringing the patent for up to six years earlier than the date of the law suit. So even a patent that has been expired for a year or two may have some value if there was extensive use in the final years that the patent was alive. But each day the patent is expired, the value will go down if there was infringing activity for many years. See https://www.law.cornell.edu/uscode/text/35/286 If you found this answer helpful, you may want to look at my answers to other questions about patent law are available at the bottom of my profile page at https://lawyers.justia.com/lawyer/kevin-e-flynn-880338 Kevin E Flynn
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Post Office Box 4655
Chapel Hill, NC 27514
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Telephone: (919) 818-9147
Cell: (919) 818-9147