Legal Help

Should I file my patent application in the United States and in foreign countries?

Fri, 03 Feb 2012 13:08:00 -0600

A common misconception is that if an inventor files for patent protection in the United States and obtains a US patent
then they are protected in other countries from someone making, using, exporting, offering for sale, or selling the invention. A United States patent only will give you a monopoly over the invention within the borders of the United States.

Before going and filing your patent application in all major countries, there are a few questions that you should ask yourself. For starters, will this invention have any kind of commercial success in foreign countries or are you just filing for the protection? Remember that filing a patent is

What are patent claims within a patent application?

Fri, 03 Feb 2012 13:01:00 -0600

One of the most important sections of the patent application is the section entitled claims. The reason that claims are the most important aspect of the patent application is that the claims lay out what exactly the invention is and what it covers and where the outer bounds of the patent lie. The rest of the patent application talks about what the invention is, how best to use the invention, and even provides drawings of the invention. The claims on the other hand, lay out the legal aspects and the scope of the patent. Since the claim section involves the �legal� parts of the patent, it is also the most confusing to someone that does not have experience or knowledge about the patent application process or claim drafting.

Are drawings required for patent applications?

Wed, 01 Feb 2012 13:25:00 -0600

Once you have completed your patent search and have determined that you have an invention that is capable of being patented, the next step is putting together your patent application. The patent application is submitted to the United States Patent Office who will then determine if your invention meets the three requirements for patentability: new, non-obvious and usefulness. One of the many requirements of a patent application is that it must include a drawing. All patent applications must have a minimum of one drawing included in the application, although the more complex the invention is, the more drawings need to be included. It is typical to see cross-section blowups of parts of the invention or enlargements of intricate parts of the invention.

Is it necessary to conduct a Patent Search?

Tue, 31 Jan 2012 21:35:00 -0600

Filing and obtaining a patent is expensive and should not be unless you are sure that your invention will qualify for patent protection. The only surefire way to know is by conducting a patentability search. The United States Patent and Trademark office does not require that an inventor conduct a search but failure to conduct a search could render your invention unpatentable and the patent filing fees are expensive.

There are several goals for conducting a patent search. The first is to see if there is any prior art that is related to your invention. Prior art is any prior invention which has the same features. If something has prior art, your invention will be considered obvious and a patent will not be granted.

What are the three types of patents?

Tue, 31 Jan 2012 21:20:00 -0600

Many people think that when they invent something and try to obtain a patent, there is only one type of universe patent, and that this universal patent fits all inventions. It is important to remember what a patent actually is. A patent is a federal grant from the government which gives exclusive right to the inventor to exclude all others from making, using, exporting, offering for sale, or selling the invention. There are three different types of patents that are issued by the United States Patent and Trademark Office: a utility patent, a design patent, and a plant patent. The most common type of patents is the utility patent.

Plant patents are much less common than design patents or utility patents. Plant patents

Contesting Agency Conduct Part IV: When Can I contest an Enforcement or Adjudication Proceeding?

Tue, 31 Jan 2012 20:38:00 -0600

What is Agency Adjudication?

Agency adjudication is when an agency action determines the rights of one or very few individuals and has a retroactive effect. This is in contrast to a rulemaking which is an agency action that determines the rights of many individuals and has a prospective effect. Adjudication does not always proceed in a trial-like fashion in the traditional sense of a state or federal court. Like with a rulemaking, an agency can proceed on a spectrum from very informal to very formal adjudicatory proceedings. Adjudication can be as simple as a denial of an application for a permit, or as complex as a full hearing with expert witnesses and cross-examinations.

What is the current status of online gambling laws in the US?

Mon, 30 Jan 2012 18:35:00 -0600

Gambling is subject to both federal and state law, banning it in certain states, limiting the means and types of gambling, and regulating gambling itself. Although Congress passed federal law under the Dormant Commerce Clause, regulating interstate gambling, international gambling, and relations between the United States and Native American territories, state laws are hesitant to enact the laws due to conflict with the Dormant Commerce Clause. Specifically, the federal law regulates the transportation and possession of gambling devices across state lines, sports betting on a game held in a different state, how and where bets can be made, and internet gambling. The consequences of violation of federal gambling laws include steep fines, forfeiture of winnings,

What is the Arizona Immigration law all about?

Mon, 30 Jan 2012 17:59:00 -0600

Effective July 29, 2010, Arizona passed two immigration laws, SB 1070 and HB 2162, adding new state requirements, crimes, and penalties to better enforce immigration laws. These laws were in response to a rise in illegal immigration, drug and human trafficking crimes, and public safety concerns. SB 1070, entitled �Support Our Law Enforcement and Safe Neighborhoods Act,� was enacted on April 23, 2010, which added state penalties for trespassing, harboring and transporting illegal immigrants, alien registration documents, employer sanctions, and human smuggling. On the same day as the enactment of SB 1070, Executive Order 2010-09 was issued, requiring the Arizona Peace Officers Standards and Training Board to train law enforcement officials and agencies

What are Alternatives to Foreclosure?

Mon, 30 Jan 2012 14:23:00 -0600

The key way to avoid foreclosure is to know one�s rights and work with the lender. More often than not, lenders want to assist homeowners and prevent foreclosure. If there are financial difficulties, it is recommended to contact a counselor at a housing counseling agency.

In the event of imminent foreclosure, alternatives are available to avoid foreclosure altogether. These alternatives include special forbearance, mortgage modification, partial claim, pre-foreclosure sale, and deed-in-lieu of foreclosure. Both a lender and a housing counseling agency can educate the homeowner on the alternatives. A housing counseling agency is provided by the United States Department of Housing and Urban Development. A housing counseling

What is Foreclosure? Overview for Owners and Renters

Mon, 30 Jan 2012 13:52:00 -0600

Foreclosure is the legal means a lender can utilize when repossessing the home, forcing the homeowner to vacate the home. Specifically, a homeowner loses the right to redeem a mortgaged estate and the homeowner loses all rights covered by the mortgage. In the instance when the property value is less than the amount owed, the lender may obtain a deficiency judgment, which will require the homeowner to make additional payments to the lender after losing the home. A deficiency judgment is a judgment to recover an amount not covered by the value of security put up for a loan or installment payments.

Often, foreclosure occurs when a homeowner does not stay current with home mortgage payments. Usually, when a homeowner