A great majority of the news on patents deals with patent infringement, patent law, and, not coincidentally, it brings to mind the overriding importance of ethics in protecting intellectual property–and profits.

As a patent attorney with offices in Florida Nevada and New York, the long term growth of my business depends on the integrity of the patent applications I file, and recent news underlines its significance. In a recent online edition of the International Herald-Tribune, Robert Pear wrote an article on just this issue.

Currently, patent law dictates that patents held by companies or individuals who have engaged in “inequitable conduct” are subject to having those patents revoked. A pretty severe penalty dont you think? And just as likely to be the subject of hot debate in today’s courtrooms.

Patent laws, which affect attorneys and clients regardless of what state they are in (and interested parties everywhere) are at the crossroads, with some lobbying for “the biggest changes in U.S. patent law in more than 50 years.” And it impacts nearly every industry you can possibly think of.

On the one hand, opponents of current patent law wonder if the law is too severe for what senior VP and general counsel for Eli Lilly calls “relatively minor acts of misconduct.” According to the article, the U.S. Court of Appeals for the Federal Circuit has found inequitable conduct in “at least 40 cases, including 14 that involved pharmaceutical or health care products.” Types of misconduct have included submitting false statements to the patent office, a lack of accuracy in describing experiments, and concealing information contradicting their claims. Brand name drug companies and the companies who support them report that accusations are frequent and, often simply “honest mistakes.”

On the other hand, I wonder: In patenting, particularly medical patenting, is there really any room for mistakes–honest or otherwise? Patent attorneys in the United States and patent attorneys everywhere who are registered with the U.S. Patent and Trademark Office know that protecting their clients requires the utmost in meticulous attention to detail (after detail after detail). The better the application, the more quickly it passes, the more secure the received patent is from attack, and the more the client is free to profit from it. That is the winning combination.

With patent infringement and other litigation costing us into the billions of dollars, can we really afford misinformation and mistakes? Consumer groups think not, though recent patent legislation threatens to make it a little easier to make “mistakes.” The House of Representatives approved a bill making it more difficult to prove inequitable conduct, and the Senate Judiciary Committee are “haggling over a companion bill.” That bill may reach the floor this summer.

The need to stop unfounded accusations notwithstanding, this New York patent attorney is hopeful that the backbone of integrity that supports the patent system will win out and grow in strength in years to come.

With offices throughout Florida, in Las Vegas, Nevada, and a recent addition of a New York Patent Law office, The Idea Attorneys offer Patent and Trademark guidance to hundreds of clients every year. If you need assistance with a NYC Patent issue, see our website at http://www.idea-attorneys.com/new-york-patent-law-attorneys.php.

[tags]Patent laws, New york patent lawyers, Intellectual Property[/tags]

A great majority of the news on patents deals with patent infringement, patent law, and, not coincidentally, it brings to mind the overriding importance of ethics in protecting intellectual property–and profits.

As a patent attorney with offices in Florida Nevada and New York, the long term growth of my business depends on the integrity of the patent applications I file, and recent news underlines its significance. In a recent online edition of the International Herald-Tribune, Robert Pear wrote an article on just this issue.

Currently, patent law dictates that patents held by companies or individuals who have engaged in “inequitable conduct” are subject to having those patents revoked. A pretty severe penalty dont you think? And just as likely to be the subject of hot debate in today’s courtrooms.

Patent laws, which affect attorneys and clients regardless of what state they are in (and interested parties everywhere) are at the crossroads, with some lobbying for “the biggest changes in U.S. patent law in more than 50 years.” And it impacts nearly every industry you can possibly think of.

On the one hand, opponents of current patent law wonder if the law is too severe for what senior VP and general counsel for Eli Lilly calls “relatively minor acts of misconduct.” According to the article, the U.S. Court of Appeals for the Federal Circuit has found inequitable conduct in “at least 40 cases, including 14 that involved pharmaceutical or health care products.” Types of misconduct have included submitting false statements to the patent office, a lack of accuracy in describing experiments, and concealing information contradicting their claims. Brand name drug companies and the companies who support them report that accusations are frequent and, often simply “honest mistakes.”

On the other hand, I wonder: In patenting, particularly medical patenting, is there really any room for mistakes–honest or otherwise? Patent attorneys in the United States and patent attorneys everywhere who are registered with the U.S. Patent and Trademark Office know that protecting their clients requires the utmost in meticulous attention to detail (after detail after detail). The better the application, the more quickly it passes, the more secure the received patent is from attack, and the more the client is free to profit from it. That is the winning combination.

With patent infringement and other litigation costing us into the billions of dollars, can we really afford misinformation and mistakes? Consumer groups think not, though recent patent legislation threatens to make it a little easier to make “mistakes.” The House of Representatives approved a bill making it more difficult to prove inequitable conduct, and the Senate Judiciary Committee are “haggling over a companion bill.” That bill may reach the floor this summer.

The need to stop unfounded accusations notwithstanding, this New York patent attorney is hopeful that the backbone of integrity that supports the patent system will win out and grow in strength in years to come.

With offices throughout Florida, in Las Vegas, Nevada, and a recent addition of a New York Patent Law office, The Idea Attorneys offer Patent and Trademark guidance to hundreds of clients every year. If you need assistance with a NYC Patent issue, see our website at http://www.idea-attorneys.com/new-york-patent-law-attorneys.php.

[tags]Patent laws, New york patent lawyers, Intellectual Property[/tags]

The world is ever changing and expanding, and this applies to English property more than anywhere else. People are constantly wishing to adapt their property be it with an extension, refurbishment or a renovation, these are just a few of the changes people plan to do to their properties. But before any of these plans can be turned into realities there is a lot of background work that has to happen.

Every single inch of land in the UK has been documented and allocated and there are many regulations and laws with what can be done and where. Land surveyors are the people that assess our land and can help with any queries you may have concerning allocated land you have purchased or are considering.

In simple terms most land surveyors are needed when a piece of land needs a survey, a survey can be a detailed map of an area including measurements and positions of properties to a simple skeletal plan with only key features.

A situation in which you may need a land surveyor is when you are purchasing a property or land, as only a qualified surveyor is able to describe exactly the area you are purchasing. This survey would indicate boundaries, determining trees, fences and outhouses etc and where they lie in relation to your property.

The survey would also make clear about whether people are allowed on your land, determining all of your legal rights and issues such as public right of way. The deeds of a house can change frequently, become outdated easily and be changed by previous owners. A land survey will act as an up-to-date deed for your house or land and can be used by a lawyer to create a deed.

Land surveyors are needed when proposals such as extensions are being made, a land surveyor can guarantee that the land you may be building on is definitely your property and can clear up any disputes that could arise from building an extension or new building.

One of the most important jobs that land surveyors have to deal with is boundary issues and disputes between neighbours. A land surveyor will be able to produce the information that can stop disputes reaching the courts, saving people both time and money. In situations such as these the land surveyors act as a professional witness who would be responsible for the land details should the case ever get to court.

Dominic Donaldson is an expert in the property industry.
Find out more about Land Surveyors and how the services available can help with finding a professional company to land survey.

[tags]land surveyors, land survey,land deed[/tags]

Effective lawyer resumes act as a bridge for you and your potential employers. For upcoming attorneys, or for transitioning lawyers, it would be good to remember that potential employers do not have the time to read a resume the length of a short story. Other employers may find it a waste of time reading through a hastily-written resume. What should we try to take note in this endeavor?

Do research. Find out what the recruiting company wants from applicants and potential employees. Find out what legal department a law firm will want to put its successful hires. Try to research the company values, mission and vision, policies and house rules, goals, culture, and even the fee hierarchy.

Most of all, find out if you have the experience that they are looking for. It’s bad enough to be the right person at the wrong place. If you are an information technology copyright and patent attorney, you would not want to work in a bankruptcy case. If your strengths are on local criminal cases, you might not fare so well working at an international capacity. It may depend on your experiences. But, in order to be the right person with the right capacities serving the right department, you have to do some research of what the firm needs.

Do provide a clear educational background. An effective summary of your school experiences should include your degree or major, the graduation date, the universities you graduated from, and the location of those schools. Remember to present it in a clear and uncluttered format.

In addition, mention any awards and certificates that you have obtained or achieved throughout your academic years. The license to do legal work though is extremely important and must not be missed out in your lawyer resume.

Do elaborate on your work experiences. Many newly-graduated law students make the same mistake of putting too little information for the employer to work with. Most of the companies care so much about what you have done for your past employers and how effectively you have assisted them in solving various problems. Many do not look at the peripheral information you offer.

So it is a good advice to state your experiences in a complete and thorough manner, rather than in glib fashion. For each of the companies you have worked with, try to write around 2 to 3 sentences, detailing the accomplishments that you have achieved while you were at that particular tenure. Do write in strong, active statements. Words like achieved, obtained, organized, motivated, and influenced are definitely action-oriented words that vividly describe your activities in the past fields.

Do provide updated contact information. Also provide contact information for your references. The firms will always do the due diligence required to check you out. It would be taxing and frustrating for the recruiting company to find out that your email address does not exist, your cell phone number was the number you had two cell phones ago, or the address of a particular reference is the old address.

Provide the contact information preferably after your name (which is ideally your resume banner). Your lawyer resume should basically include your campus or permanent address (a secondary address would be fine), active telephone numbers, and currently used E-mail addresses.

Matthew Stanton writes an article about
Lawyer Resume
and elaborates some positive steps you can take to giving out that perfect resume. Simply visit this site for information at http://www.esqresume.com/

[tags]lawyer resume[/tags]

If you are in need for an ideal lawyer, then go by your instincts and choose the one who is caring and concerned about you and equally devoted to his work. Impressive credentials or gold lettering on the lawyer’s door can be deceiving. Between the two of you, should develop a bond of trust, so pure and strong, that you are able to share and put your life, future, money or property in the safest hands.

While you are on your search for an ideal lawyer, make sure that you understand everything the retainer agreement states and that you have checked the references and details regarding the practice.

Your choice of lawyer is correct, if the chosen lawyer is:

1. Deals with you caring. Gives you enough time, understands your case and notes the facts of the case himself and not delegate the preliminary hearing to his legal assistant.

2. He is knowledgeable and experienced enough to ignore irrelevant facts, opinions and personal emotions that clouds the case and sticks only to the relevant data as applicable to the case.

3. He insists as well as rechecks the facts for accuracy and solid arguments jotted down with backing of earlier rulings. He sees to it, that the case is strong enough and the available data or facts are adequate and accurate.

4. He is foresighted and as such will not focus only on the problems at hand, but examine the problem from all sides to enable him to approach and fight the case from all angles.

5. His prudence will help him to predict the moves of the opposition and the opinions of the jury or judge and plan his path forward. He must thus be smart enough to plan not just the days hearing, but the many hearing that are to follow.

6. Your choice about your lawyer is correct, if he insists that the case and the arguments therein are relevant and clearly stated and he will not waste his or your time with impressive but meaningless words.

7. A good lawyer will be disciplined, dedicated and confident in his work. At the same time he will be courteous in his behavior towards you, his client and his staff as a whole. He will be poised and composed in his manners.

8. He is highly respected and recommended by professionals in his field, by his friends, colleagues etc.

9. He is not just proud of his victories but is able to accept his faults in his lost cases and he does not mind discussing them too.

10. He will be honest and upfront about his opinion about the case, whether your case stands to win or loose. As such he will not give you false promises or guarantees and mislead you.

So when you choose a lawyer, look for his competence in law and in court. Don’t judge him by his looks or his various fanciful credentials. Go for the one who develops a bond of trust.

To learn more on Legal Issues visit Legal Blog

[tags]Legal Advice Forum, legal advices, legal information, lawyers, laws, tax, legal insurance[/tags]

I recently received a call from a client who complained that the MP3 players they imported from China were seized and confiscate by the Custom Service at the United States border. The reason for the seizure and forfeiture, I was told, was that the MP3 players had software downloaded in the devices and the software amounted to a copyright infringement.

The software was not counterfeit, it merely exceeded the copyright license in that the license precluded the sale by this distributor of that software in the United States. The client wanted to know if they would suffer the same hardship if they imported additional MP3 players without that illicit software.

The answer to that question depended on whether the imported goods infringed on any other ones intellectual property rights. One concern was whether the soon to be imported MP3 players infringed upon a valid design patent of another manufacturer.

The United States Constitution grants Congress the power to promote the progress of science and useful arts by giving inventors exclusive rights to their inventions for a limited time. Under federal patent law, whoever invents or discovers any new and useful process, machine, manufacture or composition of matter, or any new and useful improvement thereof, may obtain a patent, with certain specified exceptions. A patent grants the patentee and his or her heirs and assigns the right to exclude others from making, selling, or using the patented article throughout the United States for a term of 17 years. In order to determine if the MP3 players infringed on a valid design patent we conducted a search in the Patent and Trademark office.

When importing goods into the United States one must be mindful of infringing on another entities trademark rights as well as the copyright or patents. Even goods bearing a valid United States trademark that is imported without the consent of the United States trademark holder is an act of trademark infringement. These type of goods are known as gray-market goods and can also be seized by the US Immigration and Customs Enforcement.

Gray-market goods, or parallel imports, are genuine products possessing a brand name protected by a trademark or copyright. They are typically manufactured abroad, and purchased and imported into the United States by third parties, thereby bypassing the authorized U.S. distribution channels. Retailers are able to sell these products at a discount because the gray market arbitrages international discrepancies in manufacturers pricing systems.

There is something called the first sale doctrine which can operate as a defense to a copyright infringement action but only where the disputed copies of a copyrighted work were either made or previously sold in the United States with the authority of the copyright owner. However that defense does not apply when the sale involves foreign made nonpirated copies of a U.S. copyrighted work unless those same copies have already been sold in the United States with the copyright owner’s authority.

Before one decides to import goods into the United States it is prudent to investigate whether the goods you intend to import will infringe on another ones intellectual property.

Robert G. Klein, Esq. is a Los Angeles business litigation attorney whose emphasis is in trademark infringement litigation, unfair competition lawsuits, trade secret litigation, and business disputes. Visit our web site http://www.kleinligitation.com or call him at 213.996.8508

Are you a Washington artist that is just starting to get into the business of selling your work? One of the first things that you should do is hire a Washington art lawyer to help represent your interests. It can be hard work getting a business set up to sell your art, especially if you really would prefer to be just making art and let someone else handle the selling of your art.

Here are five reasons you need a Washington art lawyer if you’re going to sell your work in Washington:

1. To protect your designs — If you are an artist that creates original work you need to copyright and in some cases patent your designs to protect them from being copied or stolen. A good Washington art lawyer can help you start the copyright process that you need to go through to fully protect your designs and your artwork.

2. To go after anyone that steals your designs — Usually all it takes to get someone to stop copying your designs if they have started copying your work or your images is a cease and desist letter from a good lawyer. If you have a good Washington art lawyer on retainer you can clear up any problems with people that are copying your work quickly and easily.

3. To help you sell your art — Many artists that deal in high end art have a lawyer that represents them for sales. This make the process of drawing up contracts and completing sales where lots of money changes hands go much more smoothly and it’s expected for high end artists to have their lawyers handle the details of selling the art.

4. To help you get set up to sell your art — If you are setting up a business to sell your art in Washington then a Washington art lawyer can help you fill out the paperwork that you need to file in order to get a seller’s license and complete your tax information so that you can legally sell your art. It’s important to take care of these things before you start to sell your art.

5. To produce legal contracts — If you are having a gallery or an agent sell your art on commission then you will need to have contracts in place that will specify how much of the final sale price you get, what happens to any artwork that doesn’t sell, and other details that come along with having someone else sell your work.

It’s always a good idea to have a Washington art lawyer look over or even draw up the contracts that you plan to use to make sure that the contracts are legally binding and are in your best interests as an artist.

For the counsel of an experienced Washington art lawyer, visit http://eavesmathewslaw.com for the expertise you’ll need to protect your artistic creations. Art Gib is a freelance writer.

[tags]washington art lawyer[/tags]

Have you ever come up with what you believed to be a great idea? Have you researched that idea and realised that there is actually a hole in the market that doesn’t cover your idea? One day, you are going to put that idea into practice properly and become a millionaire from it - just as soon as you get time.

But you don’t get time. Then, before you know it, there it is! In the shops! But that’s your idea, you thought of it first and now this other person has had the same idea, taken the action that you were so slacking in and turned it into a money spinner so they can live it up on the Costa Del Easymoney.

If only you had looked into protecting your intellectual property. But would it really be possible to protect an ‘idea’? Well, yes it is. Intellectual property rights are a legally binding way of protecting your idea that would prevent other people from using it. They may think their idea is original as nothing else like it is available on the open market and you may not have got round to actually producing the product but you would be protected and they would not be able to make their millions with it.

Intellectual property is defined as expressions and creative ideas formed by the human mind. This means, quite simply, your idea can stay that way until you are ready to use it without worrying that someone else will beat you to it.

There are ways of doing this. You can apply for a patent, design registration, trademark or copyright depending on your idea and the stage at which it is at.

A patent protects the way a new invention works, the way it works and the way it is made as well as what it is made from. This allows you to prevent others from importing, buying, selling or making your invention in any way, shape or form.

Once your idea is under way, a design registration will protect the physical appearance of your product from the shape, contours, patter, material and decoration as well as the texture. The reason you will need a patent as well is because the design registration does not cover how a product works. So, someone else could come along with an entirely different looking product that works in exactly the same way and if you only have design registration and not patent, then you cannot prevent them from making it.

Once your idea is underway, you will more than likely come up with a catchy signature phrase or recognisable logo that makes your individual product immediately recognisable. This will need to be covered by a trademark to stop other inventors using the same symbol or phrase.

Copyright is slightly different in that it applies to the more artistic market. Literature and music are the most commonly known works that are covered by a trademark. Also under the protection of this particular umbrella comes art, drama, layout, broadcasts and recordings. A copyright is an automatic right and does not need to be applied for. It will last for the author’s lifetime plus seventy years. However, you cannot copyright an idea so when it comes to intellectual property, it needs to be written, you cannot say “I was going to write a book about that” and claim it as your own.

The thing to remember is that, if you have that idea and don’t have the time, it takes a limited amount of time to get intellectual property rights to it. That way, you can sit it on the back burner until you do have the time.

Expert inventor Catherine Harvey looks at how to protect your intellectual property to prevent anyone else stealing your ideas.

[tags]intellectual property,[/tags]

Guess what? The federal Trade Commission (FTC) estimates that over $100,000,000 is being scammed by fraudulent Invention Marketing and Invention Patent Companies on consumers annually. That’s $100,000,000 of your money.

The main reason there is such a problem is due to the fact that the general public is not aware of the problem until it is too late. By too late I mean they have already been suckered into the web of an invention company and spent their money.

I’m sorry to say that as much as the invention companies are at fault, so are consumers. Here is what I mean. A new first time inventor generally does not know how or where to begin. They go online to Google, Yahoo or whichever search engine they like to use. They type in keywords like ‘invention idea’ or ‘patent an invention’ (it can be any phrase you think of). Up pops both the Organic web-sites (those are the ones in the center of the page) as well as the paid ads by most of the fraudulent invention companies as the Sponsored Ads on the right side.

The inventor quickly browses the page and eventually clicks on the ad that for whatever reason appeals to them the most. Some people will click two or three ads as well. When clicked, it takes you to fancy looking Landing Page for that particular company. Now, these companies know exactly what to say in print to get the inventor to take action.

One gimmick used by these companies is called a “Free Inventor’s Kit’ or a ‘Free Invention Package’ or whatever they call it. The hook is the word ‘Free.’ The inventor thinks, ‘Oh wow, it’s free, let me check it out.’ Big mistake!

Sure, to fill out the company ‘Confidential Disclosure’ is free, but what comes next is not. If you were inexperienced and you completed that so-called free disclosure form, you could also be foolish enough to get sucked into their invention scam game as well and end up paying hundreds and then thousands of dollars for absolutely nothing of value in return.

You see, the new inventor has three things going against them at that moment.
1. They nothing about the invention process.
2. They are emotionally involved with their invention.
3. GREED. Yes, greed. All new inventors think they are going to make millions of dollars with their new gizmo and gadget.

At the same time, these invention scam companies know this and are ready to pounce. They know you don’t know anything about the invention industry. They know how much you believe that you have the next Hoola Hoop and they especially know that you think you are going to make millions of dollars. That is their game and that is their hook and you are their fish. In many cases you are their ‘whale’.

What inventor’s don’t realize is that the scam artist on the other end of the phone is a commissioned salesperson. They only make money when spend it with them. The more you spend, the more they make. Some company’s pay these scammers commissions that range between 20% to as high as 40% and in some cases more. They even pay monthly bonuses to high producers.

These salespeople will say whatever it takes to get you hooked. They care little to nothing about your invention and will go as far as to say you have a great idea or this is a sure winner or I’ve never seen anything like this before. The only thing these salespeople care about is your wallet and their wallet. How much can they take from yours to put into theirs’?

By now you may be thinking, how does Victor know all this? Was he one of these salespeople? No I was not. Was he scammed by one of these companies? YES I WAS! That is how I know what goes on. After I got scammed, I became irate. I went on a mission to find out as much as I could about these scam companies and start to warn the public about them.

I went online and played the role of the new inventor with as many companies that I could find. I will admit however that there are a few that are not scammers but honest companies. Unfortunately they are out numbered 10 to 1 by the scammers. I am not going to name names in my articles, just my knowledge and experiences.

You can actually learn quite a bit about the invention industry by speaking with these scammers but not spending any money with them.

So, don’t waste your time or money with these scam companies. Do your homework and research the industry before you get started.

Victor Martel is a professional inventor. He is very concerned for new inventors to make sure they do not get scammed. His web-site http://www.inventionscamalerts.com is designed to help inventors. He offers an Invention Evaluation test. It tells inventors if they have an idea to pursue.

[tags]invention, patent, invention idea, patent an idea[/tags]

A non-disclosure agreement is made between two parties when they agree that one or both parties will not reveal specific information that is considered to be confidential by the disclosing party. Non-disclosure and confidentiality agreements are commonly used to enforce obligations of confidentiality on a party that is receiving information or material from a disclosing party that the second party considers to be secret or classified.

There are some very important issues to consider when drafting a non-disclosure agreement. To begin with, it is necessary to clearly and specifically identify and describe the information that is to be considered confidential. If there are any limitations on which information is to fall into this category then they need to be specified.

For example, there may be information that is already known to the party that will be signing the agreement. Information that is made public must also be addressed. It must be clarified which party is disclosing the information and which party is subject to the non-disclosure agreement.

The time period during which this information is to remain confidential is also an important concern to be addressed in the non-disclosure agreement. Does the confidential information actually qualify as a “trade secret” to be kept private indefinitely, or will there be a time-based limitation? There may also be specific purposes for which the information will need to be disclosed, and then these situations need to be specified as well.

There are some specific provisions that may be frequently found in a non-disclosure agreement. There may be a provision that allows the remaining portion of the agreement to remain in effect if another portion of the agreement is found for some reason to be unenforceable. There may be a provision dealing with whether or not the non-disclosure agreement will be binding to heirs or other assigns.

There is often a provision that calls for the return of any confidential materials that have been used by the recipient (signing party). A provision is often included that states that the disclosing party retains the right to have an injunction issued by a court if the non-disclosure agreement is ever breached.

Provisions that specify the ownership of all the confidential information may be required. It is also often detailed in a provision how and when disputes will be arbitrated as well as the controlling law.

In order to execute a non-disclosure agreement, it is necessary that the information that is to be protected will protect a justifiable business concern. For example, information that is commonly known through a specific industry will generally not be covered by a non-disclosure agreement, or else that portion of the agreement may be found to be unenforceable.

For information to be protected from disclosure, it needs to truly be secret, it must have actual commercial value, and it must pose a threat to a company’s operations if the information is disclosed.

For these reasons, you may want to consult with an attorney before drafting or signing a non-disclosure agreement. On the other hand, this is one of many types of common contracts that can easily be purchased in downloadable form on the internet.

Mark Warner is a Legal Research Analyst for RealDealDocs.com. RealDealDocs gives you insider access to millions of legal documents drafted by the top law firms in the US. To find Release Agreements, click here. Free Search!

[tags]Non-Disclosure Agreement, NDA, Contract, Form, Sample, Template[/tags]