Legal

In this article we’re going to discuss an alternative to getting a patent for your product or method called the defensive publication.

The truth about getting patents is that it is a form of risk management for a company or individual. To give an example, a company that failed to get a patent may lose control of the main technology that the company uses to conduct business. It is also vulnerable to a lawsuit and strict licensing terms. Because patents are so important to a company and its operation, many companies form what is called a license review board to determine the cost involved with obtaining a patent for the product or technology. If the board finds enough evidence to warrant obtaining a patent it then discloses its findings to the CEO of the company.

However, there are going to be times where the cost and risk factor of trying to obtain a patent are too great to warrant going ahead with trying to get one. In this case an alternative form of risk management should be sought. One of these alternatives commonly used by companies in this situation is called the defensive publication. This is used especially when the alternatives are limited or the patent process would be too difficult to prove.

According to U.S. patent law, a printed publication with a publication date prior to what would have been the effective date of the patent could be used to invalidate that patent if claimed by another company. This publication can be used as a defensive measure to describe whatever technology it has created. Once this publication is released, the competing company would have to consider this publication as prior art. The company releasing this publication is given a certain degree of protection. The company can use this publication as a shield against another company suing them for using this technology. This will, in most cases, discourage the other company from going ahead with the lawsuit because of prior art laws.

To qualify as this type of publication there are a number of things that have to exist. For one thing, the publication must have been available to the public in general. It must describe the technology specifically and the date of the publication must be before the date of the patent that was issued to the competing company. This involves two criteria which are accessibility and dissemination.

Accessibility is the issue of whether relevant members of the public could obtain the publication if they wanted to. If this is proven that they could have had access to the publication then there is no need to actually show them the publication. Just the fact that it existed and was accessible is enough.

Dissemination is the determination as to whether or not accessibility is enough. In other words, just because the publication existed and was accessible doesn’t mean that it was accessible enough. Wide distribution has to be proven, meaning that enough people had to have access to it even if they never actually saw it.

Because of all the legal red tape involved with using defensive publications to fight a lawsuit patent, it is suggested that you consult with an attorney to make sure your publication meets the criteria.

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Michael Russell
Your Independent guide to patent-guide.com/ Patents
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The recorded statement is not an easy replacement of the signed written declaration. It has its own techniques and advantages and disadvantages. The following is a list of some of the advantages and disadvantages of a recorded statement as compared to a written statement:

Advantages of a Recorded Statement

a. The statement is given in the subject’s own words and his or her particular accent and phrase usage.

b. The recording will indicate a subject’s emphasis and inflections and will give an idea as to whether he or she is forceful and positive or weak and vacillating.

c. Is probably the preferred method of obtaining a statement from an illiterate person.

d. Usually easier to read than a hand written declaration.

e. Generally takes less time to complete than a written statement.

Disadvantages of a Recorded Statement:

a. The statement is not signed by the subject at the time of interview (Unless the transcription is sent to the subject at a later date for signature).

b. Subject may “freeze″ knowing the conversation is being recorded.

c. Faulty handling of the recorded interview can result in the statement being useless as evidence.

d. It is essential that the recording be clear and audible. Background noise not noticed at the time may prove to effectively “wipe out” much of the recorded interview by covering the voices, making it difficult or impossible to hear and understand the questions and answers.

e. Impressions of witnesses are more accurate in person rather the over the telephone (if it’s not a personal interview).

Most statements are used in court for impeachment purposes only. However, in some cases, if you show up in court with a pile of witness statements in your favor, most likely the judge will take that into consideration when rendering a decision.

Remember, even if the witness does not want to cooperate and provide a statement (but will provide an interview), you can still use your notes for impeachment purposes. I suggest that you do not conduct investigation on your own behalf, but to hire a professional. Courts give more credibility to a 3rd party (or someone impartial) rather that someone related to the case.

Jay Rosenzweig is the owner of calipi.com California Investigation Services and J R Investigations. He is a past president of the California Association of Licensed Investigators.

A well written paralegal resume represents the knowledge, experience and abilities of a paralegal. An entry level paralegal should give importance to the qualification part while preparing a resume. An experienced paralegal can at the same time highlight experience and achievements. Prepare different resumes for various paralegal positions. Prepare both chronological and functional resumes to emphasize different accomplishments.

In a paralegal resume, the first step is to prepare a list of skills. The list can include assignments done in the paralegal classes. A paralegal can also list the responsibilities and other details about the internship. The next step is to write down previous work experience. Work experience also includes legal as well as non legal work experience.

The important part of a paralegal resume is the summary or qualification part which is an overview of a paralegal?s educational background. If a paralegal has any legal experience, it should be specified in the first line of the summary part. Write down the most recent education first and then the earlier education. If a paralegal has completed any advanced paralegal education program, it can also be included in the education part. The summary part must include the strengths, other work experience and computer skills. A paralegal can also specify research or analytical skills and advanced skills in the summary part.

Paralegal resumes in functional format can include two or three headings. The headings can be legal, office management, organization skills, information management, writing skills and interpersonal skills. The details can be specified under these functional headings. Internship and skills, defense interviews, draft pleadings, analyzed court rules and reviewed case files can be included under legal skills. In functional format, write down the work experience at the end. It can include job title, employer and date.

There are some general points to be noted while preparing a paralegal resume. Your name should be in bold format and larger than the address. Generally 12 point type letter size is used in a paralegal resume. Accomplishments and achievements can be emphasized using bullet format.

i-paralegal.com Paralegal provides detailed information on Paralegal, Paralegal Jobs, Paralegal Schools, Paralegal Training and more. Paralegal is affiliated with i-notarypublic.com Notary Public Supplies.

Is it okay with you that many companies are able to purchase your personal information? Including your social security number, credit card spending habits, account balances and monthly income information, and even much more?

Your bank, credit card company, insurance company and other companies are legally able to sell your personal information to telemarketers, direct mailers, retailers and others.

Have you ever read the privacy notices you receive in the mail? Most people simply through these away. These notices are not junk mail. You are given the option to refuse to have your personal information sold. But if you don’t respond to the notice or contact the company directly, your personal information may be heading out their door.

There have been a few cases of criminals actually purchasing the information for identity theft purposes. This is rare, but one more reason to safeguard your information.

Your choice to opt-out is limited — that is why you must read your privacy notices.

If you’ve been tossing them away all of these years, you can still protect your financial information by contacting each of the financial institutions you do business with and telling them not to disclose your information to non-affiliated companies. Some may ask you to submit your request in writing, which goes into your file.

When you receive a privacy notice in the mail it is important that you read it through. Follow the instructions in the notices to have your information remain private. You may need to complete a form, write a letter or call a toll-free number.

In today’s world, it is increasingly important to protect your financial information. Do this by reading all mail that comes through your door. Anything with account numbers or credit card offers should be shredded. Don’t just assume that nothing will happen.

Identity theft is one of the fastest growing crimes, according to the FBI. There are many ways you can protect yourself. Don’t give your social security number to anyone who doesn’t have to have it. Ask your doctor’s offices if you can use a different number instead. Don’t give any personal information to anyone who contacts you by phone or email. Hang up and call the company to verify the authenticity of the communication. They will have in their records whether or not they need additional information from you.

Don′t leave your mail in your mailbox. If you are sending mail, make sure that take it out in the morning, not in the evening. Don′t let it sit in the box. While the thief may not be able to cash the check, he now has your checking account number and other account numbers.

Even if your information isn’t obtained by a thief, there is still an upside of opting out — you won’t receive as many telemarketer calls and junk mail. That’s always a plus. Protecting your personal information is your responsibility.

Martin Lukac represents RateEmpire.com RateEmpire.com and 1AmericanFinancial.com 1AmericanFinancial.com, a finance web-company specializing in real estate and mortgage rates. We specialize in daily updates, mortgage news, rate predictions, mortgage rates and more. Find low home loan mortgage interest rates from hundreds of mortgage companies!

In this high paced and sometimes detached world, many children are often neglected by parents and society and left to fend for themselves. These kids fall through the cracks of society and feel left out of their peer groups. The unfortunate result is that many often start running with the wrong group and running afoul of the law.

When a child between the ages of ten and eighteen commits a crime, the act is described in legal term as delinquency and the matter is resolved through the intervention of the juvenile court.

Because of the tenderness of the child’s age, these cases are treated and resolved differently. The lawyer also cannot afford to treat these juvenile delinquency cases like he or she would iany other usual crime case involving an adult:

* Juvenile delinquency is a delicate matter, yet it is an issue that calls for special knowledge and expertise.

* The juvenile lawyer needs to be empathetic and understanding towards the child as he or she acts and behaves differently from other children of his age.

* He should have good working knowledge of child psychology in order to be of any help to the child.

* When a child commits a crime, it becomes the responsibility of the lawyer to get to the root of the child’s problems and to weed out any factors in the child’s environment and relations that had any role, direct or indirect, in turning the child into a delinquent.

Sometimes the stress of committing the crime may numb the child’s senses internally and he may often withdraw within himself after having committing the crime. In this case the role of the lawyer is of utmost importance:

* The lawyer must have a special ability to find his way into the deepest point of the child’s heart and mind.

* Juvenile lawyers are specially trained to bring to light the background and circumstances that prompted the child to commit crime.

* In an effort to bring the child out of his shell and to open up, the lawyer can seek the help of doctors and child psychiatrists. This helps the lawyer to gather the missing links in order to put all the pieces of the puzzles together.

* The juvenile lawyer must be very transparent in his presentation. He must be extremely logical in recreating the sequences that led to the crime.

It has become a strong concern among leading sociologists in the USA about the increasing number of child delinquency cases. Generally the delinquent child is exposed to an unusual environment that molds his mind and behavior in an abnormal and often socially unacceptable way. So the emotional aspect of the child has to be focused upon in order to understand the child’s motive or trigger for committing the crime. Thus ultimately it rests in the hands of the lawyer to draw the sympathy of the jury in order to acquit the child or to be more lenient. The end goal of the lawyer in these cases of juvenile delinquency is to frame the case in a manner that the child is not susceptible to strong legal actions.

If you need professional-lawyer.info/sitemap.htm Legal Advice from a professional-lawyer.info/family-lawyer.htm Lawyer visit professional-lawyer.info Professional-Lawyer.info.

If your comp claim was denied for Virginia Worker’s Compensation, then as an injured worker there are some questions you need to ask about the denial of your claim. The insurance company letter will typically say your work place injury & accident is “not compensable” under the Virginia Workers’ Compensation Act. You need to ask yourself the following questions:

1. Did you injure yourself in a specific accident or was it a gradually occurring problem (such as tendinitis)?

2. Did you report it to a supervisor immediately and was an Accident Report filled out the day of the accident or at least within two to three days after the accident?

3. Did you immediately go to a doctor or an emergency room that day or at least the following day?

4. If you slipped and fell at work, do you know what caused the fall such as water on the floor, a slippery carpet, etc.?

5. Was there a witness who can confirm your accident and is he or she willing to come forward?

6. Were you under the influence of any drug such as marijuana, cocaine or alcohol at the time of your accident (Many employers will give an injured employee a drug test)?

7. Were you doing a work activity at the time of the accident or were you on a personal mission or errand?

8. Were you the victim of horseplay by a fellow employee?

9. Were you the victim of a personal assault by a fellow employee or someone else who was a stranger to the employment?

10. Did your injury occur as a result of an ordinary activity such as bending, stooping, reaching, etc.?

11. Did you injury occur as the result of a fight with a co-worker or your boss?

12. If you fell on a stairs, did you slip as the result of poor lighting, water on the stairs, other substance on the stairs, bad carpet, etc.

If your denial involves any of the above circumstances, then you should not talk to the insurance company but rather you should talk immediately to an attorney who specializes in Virginia Workers’ Compensation. You can check my article, “How to Choose the Best Virginia Workers Compensation Attorney.” Knowledge of your problem is your best weapon.

Copyright© 2006, Jerry Lutkenhaus. ALL RIGHTS RESERVED

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Jerry Lutkenhaus is a practitioner of Workers’ Compensation law in the Richmond, Virginia area for over 30 years He was given an “AV” rating by Martindale- Hubbell in 2003. Lexis Nexis listed him in the 2005 Bar Register of Preeminent Attorneys. For more information, see our web sites at geraldlutkenhaus.com geraldlutkenhaus.com and virginiadisabilitylawyer.com virginiadisabilitylawyer.com or call Jerry Lutkenhaus at 804-358-4766 for a free consultation on your claim.

In this article we’re going to look at the ugly political side of malpractice which is most likely the main reason that malpractice laws are not toughened.

This article is focusing mainly on the problem that they are having in PA in the good old United States, the worst country for malpractice suits in the whole world.

Pennsylvania is in the midst of a terrible health crisis, including medical malpractice which is at the top of the list. The legislature is constantly debating remedies to the problem but nobody is coming up with a solution. The main problem is that there isn’t enough data to determine if a cap should be put on malpractice claims, the amount of money one can get from a claim. Plus they’re not even sure if putting on this cap is going to lower insurance premiums or not as that is out of their control.

The most recent proposal was to put a $250,000 cap on any malpractice claim for what they term “pain and suffering.” Because medical malpractice premiums are so high in this state it is believed that is the reason why so few new doctors are setting up shop in PA and why others are actually leaving the state. There are actually documented cases of premiums going up from $20,000 to $60,000 to cover malpractice insurance in just one year and that’s for people who have never been sued.

Sam Marshall, a lobbyist representing the Insurance Federation of Pennsylvania, predicted that malpractice premiums would go down by about 20 percent if caps were put in place on malpractice suits. But there is no real evidence to support this claim, not with premiums going up for doctors who have never been sued.

The opposite end of the argument insists that medical malpractice premiums wouldn′t go down by more than one half of one percent, according to Howard P. Weiss, a former insurance executive. He said since very few pain and suffering awards even come close to $250,000 the cap would have little to no effect on those claims.

The main problem though seems to be between republicans and democrats in congress. The trial lawyers are the republican’s enemies. The republicans want to embarrass them because they support the democrats. The democrats, on the other hand, want to stick it to the doctors who mostly give their money to the republicans. So in English, the democrats who are against the doctors want to see them pay, thus have no desire to see a cap on pain and suffering cases. As far as they are concerned, malpractice premiums can go through the roof. The republicans, of course, take the opposite stance. This back and forth, in the meantime, basically brings all progress to a standstill because nobody can get any laws passed.

If the two parties would just put their partisan differences aside, something they are unable to do on many issues like social security and Medicare, then maybe a solution to this problem could be found.

At the rate the two parties are going, this is unlikely.

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Michael Russell
Your Independent guide to malpractice.guide-to.info/ Malpractice
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When someone has an accident and the cause was someone else’s negligence there is the question, should I try and sue for damages? Thousands of people every year have accidents that were no their fault but they don’t claim for compensation. This is madness!

The accident may have been quite minor, like a slip on a wet floor which caused you to fall and break your leg. Your leg may have healed well so alls well in the end. You could have lost a lot of earnings and missed out on a special occasion. What about if your accident was a lot more serious, like being run over by a car and having your leg so badly damaged it had to be amputated. Either way you do have a moral and legal right to claim compensation. The trouble with all legal wrangles is that they can be very stressful, long lived, expensive and not always successful.

Up until the late 90’s Legal Aid was available for personal injury claims. If you had had an accident you could go to a solicitor and they could claim their fees and expenses by applying for Legal aid. The claimant would end up paying nothing or very little fees. Because of the amount of cases for personal injury the government abandoned this and withdrew its funding. It was replaced with conditional fees agreements or “no win no fee” agreements which is putting the risk onto the solicitor. Now solicitors will work for free under the agreement that if they don’t win the case they wont get paid. This makes solicitors only take on cases they know they have a good chance of winning. None of the winning compensation goes to the solicitor, the total award goes to the victim and the solicitor gets his fees and expenses from the insurance company of the losing party.

As much as this sounds great, there is still the issue of the trauma of a possible court case. It is a decision you have to take early on, are you prepared to go to court? What if I loose? How will I pay my solicitor if we do lose? You can obtain insurance in case you loose the case and you should find this out from the start. A good solicitor will tell you all the possible outcomes and how to be prepared for them.

Things to remember are not all “no win no fee” agreements are all the same. You need to be sure you understand the contract you are signing. Legal jargon can be quite baffling but you should not be put off. Find a solicitor who can explain everything to you in simple English.

If you can find a company that offers a consultation free of charge then make an appointment, if you not happy and don’t understand what was said, visit another. Keep looking until you are happy with your solicitor. Find one with experience in dealing with personal injury claims and maybe even a similar accident to your own. Finding a good solicitor will make the whole process less traumatic and stressful and give you some piece of mind that everything is getting taking care of and your best interests are foremost in the solicitors mind. A company that offers no win no fee is a must but you must make sure there are no hidden costs. The last thing you want to spend months going through the procedures only to loose and be stumped with a bill. Make sure you completely understand what the no win no fee agreement means.

If you are ready to put in a no win no fee compensation claim then accident consult may be able to help you. They are experts dealing in compensation claims and will give you free impartial advice.

Accident claims for the UK market contact Accident Consult for your no obligation accidentconsult.com no win no fee accident consultation services. Please feel free to republish this article providing this resource box remains intact with a working hyperlink to our site.

Has it been done before? Optimize your Patent Search using Patent Scraping Technology.

Since the US patent office opened in 1790, inventors across the United States have been submitting all sorts of great products and half-baked ideas to their database. Nowadays, many individuals get ideas for great products only to have the patent office do a patent search and tell them that their ideas have already been patented by someone else! Herin lies a question: How do I perform a patent search to find out if my invention has already been patented before I invest time and money into developing it?

The US patent office patent search database is available to anyone with internet access.

uspto.gov/patft/index.html US Patent Search Homepage

Performing a patent search with the patent searching tools on the US Patent office webpage can prove to be a very time consuming process. For example, patent searching the database for “dog″ and “food” yields 5745 patent search results. The straight-forward approach to investigating the patent search results for your particular idea is to go through all 5745 results one at a time looking for yours. Get some munchies and settle in, this could take a while! The patent search database sorts results by patent number instead of relevancy. This means that if your idea was recently patented, you will find it near the top but if it wasn’t, you could be searching for quite a while. Also, most patent search results have images associated with them. Downloading and displaying these images over the internet can be very time consuming depending on you internet connection and the availablity of the patent search database servers.

Because patent searches take such a long time, many companies and organizations are looking ways to improve the process. Some organizations and companies will hire employees for the sole purpose of performing patent searches for them. Others contract out the job to small business that specialize in patent searches. The latest technology for performing patent searches is called patent scraping.

Patent scraping is the process of writing computer automated scripts that analyze a website and copy only the content you are interested in into easily accessible databases or spreadsheets on your computer. Because it is a computerized script performing the patent search, you don’t need a separate employee to get the data, you can let it run the patent scraping while you perform other important tasks! Patent scraping technology can also extract text content from images. By saving the images and textual content to your computer, you can then very efficiently search them for content and relevancy; thus saving you lots of time that could be better spent actually inventing something!

To put a real-world face on this, let us consider the pharmaceutical industry. Many different companies are competing for the patent on the next big drug. It has become an indispensible tactic of the industry for one company to perform patent searches for what patents the other companies are applying for, thus learning in which direction the research and development team of the other company is taking them. Using this information, the company can then choose to either pursue that direction heavily, or spin off in a different direction. It would quickly become very costly to maintain a team of researchers dedicated to only performing patent searches all day. Patent scraping technology is the means for figuring out what ideas and technologies are coming about before they make headline news. It is by utilizing patent scraping technology that the large companies stay up to date on the latest trends in technology.

While some companies choose to hire their own programming team to do their patent scraping scripts for them, it is much more cost effective to contract out the job to a qualified team of programmers dedicated to performing such services.

Learn more about the other uses of scraping technology such as website maintenance and data collection at scrapegoat.com Scrapegoat!.

This is one of the most common questions asked to sddefenselawyers.com/sandiego_dui.html DUI lawyers. When you ask lawyers this question, you do not always get straight answers because every circumstance is different. According to DUI.com the most common penalties are as followed.

$1200 fine

3 years probation

3-5 days sheriff work alternative program

4 months suspended license

First offender school

When a driver in the state of California is arrested for driving under the influence of alcohol their driver’s license is immediately confiscated by the police and then served with the DMV’s ‘Notice of Suspension’. This will formally suspend their license, provide temporary driving privileges for 30 days and will also explain some aspects of the applicable law. In addition, it states that there is a right to contest the suspension and force the DMV to return the license as long as the DMV’s Local Driver Safety is contacted by the attorney within 10 calendar days of the arrest.

A driver’s license is immediately suspended if their blood alcohol level is above .08% (or above .01% for drivers under 21 years of age) or if they refuse to take a chemical test. If the driver is from another state other than California, then the officer has no right to seize their license. However, the officer will issue a ‘Notice of Suspension’ which suspends the driver’s license in the state of California (after 30 days) from driving. If there is a conviction in court, the state of California will contact the home state of the convicted party, and that state will usually suspend their license the same way they do it there.

Ramification of Getting a California DUI

First off – getting a DUI will cost you money.

First offence: $390 - $1000 plus local fees, penalties and assessments for total of $1300 - $3500. This doesn’t include any lawyers fees –which can be from $500.00 to $15,000 depending on if you’re in a small town or large metro area. Generally speaking the more experienced the lawyer (and you want an experienced lawyer) the more it will cost.

There are social ramifications of getting a DUI as well. A charge of DUI/DWI can have serious ramifications on a defendant’s driver’s license, criminal record and ability to work and function in society. Some employers may decline in hiring someone because of a felony level DUI.

Ask yourself before getting behind the wheel after drinking if it’s really worth it. Based on the above –a cab ride home is downright cheap. Be safe –not sorry.

This article can be freely reprinted as long as this resource box and all links stay intact.

sddefenselawyers.com/ Kerry L. Steigerwalt is one of the most successful and prestigious criminal defense lawyers in San Diego. If you have been convicted of a DUI please visit us at sddefenselawyers.com sddefenselawyers.com