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What Is a Patent, How Long Does It Last and How to Read a Patent Posted By : William J. Lund

What Is a Patent?

A patent is a grant issued to an inventor by the US government or the government of another country. Legally a patent is an offensive weapon. A patent gives you the right to stop others from using, making, or selling your invention in the country issuing the patent. These rights are known as offensive rights since they allow you to take the offensive and sue an infringer.

How Long Does A Patent Last?

Plant and Utility patents last 20 years from the date the patent was filed, and design patents last 14 years from the date it was issued. Utility and plant patents are guaranteed an in-force period of 17 years minimum. To compensate for delays resulting from a failure by the PTO (Patent and Trademark Office) to process the patent application in a timely fashion the patent can be extended if necessary.

If however, you fail to pay the maintenance fees when they are due, your patent will expire, and your invention will become prior art forever.

How to Read a Patent

The first element of a patent is the “specification” where the invention is described. Section 112 of the patent laws reads:

“The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise and exact terms a to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the bet mode contemplated by the inventor of carrying out the invention.”

Reading the specification will give you a very good idea of what the invention is about, what it does, and how to build, make, or produce it.

The Claims

The claims define the structure or acts of the invention in a precise manner using exact terms in a logical manner. The claims tell the “scope” or “bounds” of the invention. In other words, the claims determine exactly what will infringe the patent. The claims must be specific enough to define the invention over any prior art.

There are independent claims which stand alone, and dependent claims which narrow the scope of the independent claim. Ideally a patent provides you with a monopoly on your invention, and the broader, or more generally applicable your claim is the closer you get to that ideal of having monopoly.

If you are tying to find out if your new invention idea infringes on the patent you are reading, then you would first read the specification to find out how your invention differs. Then you would read the claims, because the claims spell out exactly what will infringe the patent. Your patent will need to have something “novel” over the claims in the patent you are examining.

If a claim has three elements, x, y, and z, and your invention only has x, and y, but not z then you are not infringing. If your invention has x, y, z, and q, then you are still infringing. The PTO isn’t interested in whether your patent infringes another patent, so you could still be issued a patent, but it would infringe the first patent. The infringement issues would be between you and the other inventor.

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How Long Should I Expect Getting a Trademark to Take?

The law has come a long way when it comes to getting things done quickly. Well, at least in most areas. When it comes to intellectual property issues, patience is definitely something that you need to have. In this article, we take a look at how long you should expect it to take to get a trademark approved by the Patent & Trademark Office.

As the name suggests, the Patent & Trademark Office is in charge of the filing process for both patents and trademarks. The “PTO” is the epitome of an agency that is underfunded and overworked. Whether we are talking about patents or trademarks, the filing process takes a very long time.

The first step is the application process. This is an area where things have been spread up significantly. In most situations, you can simple file electronically using a form on the PTO site. While the form is fairly simple, there can be instances where sending in a sample of the trademark require a paper filing. Regardless, the application starts the filing process.

Once the application is filed, you can expect to wait a year to 18 months on average for the approval to come. The vast majority of this time is spent sitting around and waiting. The first thing you will hear from the PTO is a small postcard that comes in three months or so. The card merely verifies the application has been received and will be reviewed. Three to six months after that, the examining attorney for your filing will send a letter alerting you to any problems or areas of the application needing further explanation. Alternatively, the attorney may indicate the application is accepted and will be published for comment.

If things go smoothly, the total time from filing to approval is going to be roughly a year. If the examining attorney raises issues, you can add at least six months to the process. It is as simple as that.

Trademarks are very valuable properties for a business. That being said, obtaining them takes a significant amount of patience. The old adage of “hurry up and wait” definitely applies here.

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Mortgage Fraud Defense

A fraud charge is based on achieving personal gain from illegal actions. Credit card fraud results in obtaining products without paying. Falsifying documents may change legal proceedings, or a false signature can change a will. A growing form of fraud charge is mortgage-related fraud. Taking advantage of this form of loan can make someone many thousands of dollars, but it can also put them at risk of arrest.

Those charged with mortgage fraud will need to build a strong defense case in order to either prove innocence or attempt to fight and reduce a possible harsh sentence. The prosecution must have sufficient evidence to convict. Holes in evidence may result in overturning a sentence. Plea bargaining is also a tool that may be used in some cases. By admitting to the crime without a court case, the sentence may be reduced. For instance, rehabilitation classes substituted for jail time.

Sentences for a mortgage fraud charge will depend on the state of the crime. The degree of damage will be considered, and this number will be reflected clearly by the amount of fines assigned. At the very least, the person convicted will probably be expected to repay what was lost.

A mortgage fraud charge is most often associated with obtaining a false appraisal for a mortgage. Inflating the property value can also help someone obtain a larger, but unneeded loan. This can severely hurt lenders.

Taking kick-backs from mortgages, equity skimming, and foreclosure fraud are also becoming more and more common. Foreclosure fraud occurs when lenders take advantage of their clients, or vice-versa. Because of today’s troubled housing market, officials are on the lookout for these scams.

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Finding A Good Bankruptcy Expert May Just Save The Day

For most of us, the feeling that we have failed ourselves and our families is often too much to admit. Knowing full well that at month end there is just not enough cash around to pay all the bills is demeaning and painful, even more so for those who never had this problem before. When this time comes around, and it is happening with alarming regularity these days, it is time to look for the services of a debt relief specialist. A Texas bankruptcy attorney will have all the necessary tools at his disposal so that he can fight the case and maybe hang on to something for the beleaguered person.

If the expert is the right one, and it is necessary to check this out thoroughly before engaging one, he may be able to salvage at least something from the whole sorry mess. Indeed, the choice of expert can make a huge difference since not all legal representatives are suited to this particular kind of work. Check with the bar association and get a list of specialists in the field so that at least the right choice can be made. At this time though, when the proverbial ship is sinking, people often grab the first life belt that comes along and this could be a big mistake.

If anyone has ever been through this kind of procedure, they either want to keep it a big secret, or they want to help others to get through the situation as unscathed as they possibly can. Asking friends and family if they have suffered in this way may be a little demeaning, but those who are supportive will surely give information that may not be available elsewhere.

Past clients of the particular expert would be the best people to talk to about these problems, but unfortunately, the expert is bound by secrecy laws. However, if the expert knows of some people who do not mind lending a hand, he can always advise them of what is going on and they themselves will contact the new kid on the block.

When the choice has been made, this is the time to be completely honest about the situation. Do not hide anything at all in the mistaken belief that the situation is too embarrassing. These professionals have no personal interest in what is going on at all. Rather, they are paid experts who are expected to do their best for their clients so there is no need to be shy here.

Indeed, as long as the person is up front and honest, the expert may just find a way for him to hang onto his belongings without losing everything that he has worked for over the years. Some of the debt may also be wiped off or restructured to make payments easier.

The reason for honesty here is because everything will be laid before the court and there should be no surprises at all. If the court decides to wipe off some of the debt, then the person will be able to recover much faster, but only if he is up front to begin with of course.

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How To Locate A Bankruptcy Attorney

Do you live in Athens? Have you fallen on hard times and feel like declaring bankruptcy is the only way out? In some cases, declaring bankruptcy may be the only way to save your personal assets and yourself from legal action. However, you need to make sure that it is carried out in the proper manner. And only an experienced attorney who has handled similar cases over the years can help you out here. However, finding a reputed bankruptcy attorney in Athens can be a bit tricky if you don’t know how. There are so many attorneys around that it is alright if you feel a little overwhelmed when you begin searching. The following pointers may help you to speed up the searching:

Look for an attorney who offers affordable services

If you are filing bankruptcy, then it is quite likely that you do not have much cash on hand. Hence, finding an attorney with reasonable fees should be your first criterion. Look for attorneys who provide the preliminary consultation free of cost. Also, make sure that they offer you payment options for their fees. This is an act of courtesy that you can expect from most lawyers of this type, but make sure you confirm it anyway.

Make sure that he is genuinely interested in your case

If you go in for a face to face discussion with the lawyer, notice his reaction towards your questions. Make sure he asks you questions as well, regarding the details of your case. He should also ask for a number of documents that he will need to work on your case.

Ask whether he will help you prepare a credit report after your case is over

Preparing the credit report after a bankruptcy case will be a major dilemma for you. The report has to be set up properly so that the negative impact of the bankruptcy is lessened as much as possible. This is where the bankruptcy attorney (in Athens) should come to your aid.

Make sure you choose the bankruptcy attorney (in Athens) properly, based on the above criteria. You will have a much better chance of getting your case solved quickly and properly. For starters, check out http://www.legalatlanta.com They have been working in the field successfully for many years and have many experienced attorneys on board. Check out the website right now, and you should be able to find solution for your problem quickly.

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Chapter 13 Bankruptcy – Thing You Should Know

Bankruptcy cases are usually considered to be the last option for a person who is in deep debts and has no way to pay them off. The term ‘bankruptcy’ is a legal expression that represents the declaration of an individual stating his inability to get rid of his debts.

Bankruptcy cases offer several codes that an individual or a business firm can avail to. The most common of all the chapters are Chapter 7 and Chapter 13. In this article we will discuss about the Chapter 13 bankruptcy code. Chapter 13 code of bankruptcy allows a debtor to ‘restructure’ his debts. This option is ideal for people who have a steady source of income and have the ability to repay their debts in near future.

Here are the basic advantages of Chapter 13 bankruptcy:

1. Protection from creditors - Once a debtor has applied for a Chapter 13 bankruptcy, he will be given an approval for protection from the debt collection agencies and the creditors. That means, it is illegal to contact a debtor and harass him for clearance of debts after he has been granted a Chapter 13 petition.

2. Freedom from debts – This bankruptcy code clears almost all the forms of unsecured debt. However, secured debts cannot be shaken off unless there is a reclamation shortage.

3. Debt restructuring - A major feature of Chapter 13 code of bankruptcy is that it allows restructuring of debts. Thus a debtor, who has been struggling with financial issues since a long time, can heave a sigh of relief

4. Elimination of foreclosure - A major benefit of chapter 13 code of bankruptcy is that it eliminates the chances of a foreclosure. A debtor would be required to present a repayment plan to the court for approval.

However, it is not an easy task for an ordinary individual to carry on with the legal procedures of a Chapter 13. One should seek the help of a professional legal representative who can provide the right guidance regarding the court proceedings. One must be a careful while looking for a lawyer. Here are a few tips that one must follow while searching for a lawyer:

Qualifications – Make sure you check the certifications of a lawyer before hiring him. You must ensure that your lawyer is qualified.

Experience – Your lawyer must be experienced enough to take up your case. Check the amount of experience your lawyer has.

Referrals – Ask your lawyer for the contact details of some of the previous clients. Talk to these people to know how the lawyer had handled their cases. This will help you to realize how talented the lawyer is.

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What Is a Patent, How Long Does It Last and How to Read a Patent Posted By : William J. Lund

What Is a Patent?

A patent is a grant issued to an inventor by the US government or the government of another country. Legally a patent is an offensive weapon. A patent gives you the right to stop others from using, making, or selling your invention in the country issuing the patent. These rights are known as offensive rights since they allow you to take the offensive and sue an infringer.

How Long Does A Patent Last?

Plant and Utility patents last 20 years from the date the patent was filed, and design patents last 14 years from the date it was issued. Utility and plant patents are guaranteed an in-force period of 17 years minimum. To compensate for delays resulting from a failure by the PTO (Patent and Trademark Office) to process the patent application in a timely fashion the patent can be extended if necessary.

If however, you fail to pay the maintenance fees when they are due, your patent will expire, and your invention will become prior art forever.

How to Read a Patent

The first element of a patent is the “specification” where the invention is described. Section 112 of the patent laws reads:

“The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise and exact terms a to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the bet mode contemplated by the inventor of carrying out the invention.”

Reading the specification will give you a very good idea of what the invention is about, what it does, and how to build, make, or produce it.

The Claims

The claims define the structure or acts of the invention in a precise manner using exact terms in a logical manner. The claims tell the “scope” or “bounds” of the invention. In other words, the claims determine exactly what will infringe the patent. The claims must be specific enough to define the invention over any prior art.

There are independent claims which stand alone, and dependent claims which narrow the scope of the independent claim. Ideally a patent provides you with a monopoly on your invention, and the broader, or more generally applicable your claim is the closer you get to that ideal of having monopoly.

If you are tying to find out if your new invention idea infringes on the patent you are reading, then you would first read the specification to find out how your invention differs. Then you would read the claims, because the claims spell out exactly what will infringe the patent. Your patent will need to have something “novel” over the claims in the patent you are examining.

If a claim has three elements, x, y, and z, and your invention only has x, and y, but not z then you are not infringing. If your invention has x, y, z, and q, then you are still infringing. The PTO isn’t interested in whether your patent infringes another patent, so you could still be issued a patent, but it would infringe the first patent. The infringement issues would be between you and the other inventor.

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How Long Should I Expect Getting a Trademark to Take?

The law has come a long way when it comes to getting things done quickly. Well, at least in most areas. When it comes to intellectual property issues, patience is definitely something that you need to have. In this article, we take a look at how long you should expect it to take to get a trademark approved by the Patent & Trademark Office.

As the name suggests, the Patent & Trademark Office is in charge of the filing process for both patents and trademarks. The “PTO” is the epitome of an agency that is underfunded and overworked. Whether we are talking about patents or trademarks, the filing process takes a very long time.

The first step is the application process. This is an area where things have been spread up significantly. In most situations, you can simple file electronically using a form on the PTO site. While the form is fairly simple, there can be instances where sending in a sample of the trademark require a paper filing. Regardless, the application starts the filing process.

Once the application is filed, you can expect to wait a year to 18 months on average for the approval to come. The vast majority of this time is spent sitting around and waiting. The first thing you will hear from the PTO is a small postcard that comes in three months or so. The card merely verifies the application has been received and will be reviewed. Three to six months after that, the examining attorney for your filing will send a letter alerting you to any problems or areas of the application needing further explanation. Alternatively, the attorney may indicate the application is accepted and will be published for comment.

If things go smoothly, the total time from filing to approval is going to be roughly a year. If the examining attorney raises issues, you can add at least six months to the process. It is as simple as that.

Trademarks are very valuable properties for a business. That being said, obtaining them takes a significant amount of patience. The old adage of “hurry up and wait” definitely applies here.

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Home Eviction Notices – A Quick Guide

Latest forecasts predict that in 2011 an increasing number of homeowners will face up to home repossession. If your home is repossessed and you do not move out by the date set by the court you will be issued with an eviction notice.

An eviction notice is an order informing you that you will be removed from your home on a specific time and date. The eviction notice will be personally handed to you at least three days before you are expected to leave. On the date of the eviction the bailiff will explain that you are being evicted and that you must leave the property right away. You will be given a maximum of ten minutes to pack a few personal items. After this you will have fourteen days to collect the rest of your possessions such as your clothes and furniture. If you do not remove your possessions in this time then the bailiff will arrange for them to be disposed of.

You can however attempt to get the eviction process stopped. When the bailiffs hand you the eviction notice they have to give you a form to request another court hearing. You should use this form to explain your circumstances and outline the reasons why you want the bailiff’s visit to be stopped or delayed. For the eviction to be stopped you will need to present strong evidence that you are able to clear your arrears and will be able to keep up with your mortgage payments.

Even after eviction it may still be possible for you to get your home back. If the mortgage lender has not sold your house and you can raise the necessary finance to pay off the mortgage then you can apply for an injunction to stop the sale of the property. The exception to this is if contracts have already been exchanged with a buyer. In this case you will be unable to prevent your home being sold.

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Chapter 13 Bankruptcy – Thing You Should Know

Bankruptcy cases are usually considered to be the last option for a person who is in deep debts and has no way to pay them off. The term ‘bankruptcy’ is a legal expression that represents the declaration of an individual stating his inability to get rid of his debts.

Bankruptcy cases offer several codes that an individual or a business firm can avail to. The most common of all the chapters are Chapter 7 and Chapter 13. In this article we will discuss about the Chapter 13 bankruptcy code. Chapter 13 code of bankruptcy allows a debtor to ‘restructure’ his debts. This option is ideal for people who have a steady source of income and have the ability to repay their debts in near future.

Here are the basic advantages of Chapter 13 bankruptcy:

1. Protection from creditors - Once a debtor has applied for a Chapter 13 bankruptcy, he will be given an approval for protection from the debt collection agencies and the creditors. That means, it is illegal to contact a debtor and harass him for clearance of debts after he has been granted a Chapter 13 petition.

2. Freedom from debts – This bankruptcy code clears almost all the forms of unsecured debt. However, secured debts cannot be shaken off unless there is a reclamation shortage.

3. Debt restructuring - A major feature of Chapter 13 code of bankruptcy is that it allows restructuring of debts. Thus a debtor, who has been struggling with financial issues since a long time, can heave a sigh of relief

4. Elimination of foreclosure - A major benefit of chapter 13 code of bankruptcy is that it eliminates the chances of a foreclosure. A debtor would be required to present a repayment plan to the court for approval.

However, it is not an easy task for an ordinary individual to carry on with the legal procedures of a Chapter 13. One should seek the help of a professional legal representative who can provide the right guidance regarding the court proceedings. One must be a careful while looking for a lawyer. Here are a few tips that one must follow while searching for a lawyer:

Qualifications – Make sure you check the certifications of a lawyer before hiring him. You must ensure that your lawyer is qualified.

Experience – Your lawyer must be experienced enough to take up your case. Check the amount of experience your lawyer has.

Referrals – Ask your lawyer for the contact details of some of the previous clients. Talk to these people to know how the lawyer had handled their cases. This will help you to realize how talented the lawyer is.

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