Technology Patent Wars – When Will it End,

Technology Patent Wars – When Will it End,

It seems hard to imagine life these days without our beloved smart phones. They have affected nearly every facet of our daily lives to varying degrees and 15 years ago it would sound absurd to say that in the near future, everyone will have a device with the functionality of a computer, GPS, Camera, Audio device etc. in their pocket. However, it’s also become a common occurrence to read about the latest big money law suit between the tech companies that have developed these technologies. And these aren’t your run of the mill legal squabbles; we’re talking about multi BILLION dollar law suits, waged over the rights to the intellectual property that allows for a controlling interest in the global tech market. And yet, such high stakes have just become a part of doing business but it raises questions about how much damage is caused to the industry in the process and could there be a better way to resolve these conflicts,

To really understand the impact we must first look at how new ideas are developed and the legal process that protects the inventor’s rights to be credited for their work. The truth is that there are very few NEW ideas or inventions anymore. The majority of new ideas and technologies are at least partially based on old technologies and ideas, and there’s nothing wrong with that. Most companies aren’t trying to reinvent the wheel; they’re trying to improve it! It’s more realistic to put a tire on it, change the material that they’re made of, improve the tire tread etc. And this is where the legalities of such endeavors become tricky. To be able to register a trademark or a patent an improvement to a preexisting idea you must first enter into a licensing agreement with the owner of the original patent.

The problem in the tech industry at the moment is that there are so many overlapping patents that developers of new ideas (or improvements) don’t know where to begin when trying to license the original patent that their improvement is based on. On top of that, the global technology market has made licensing fees inaccessible to smaller companies. Not only are the licensing fees a deterrent to smaller entities but the atmosphere of blood thirsty lawyers waiting to pounce on anyone who steps on their toes certainly doesn’t help. Never before has it been more difficult for smaller tech startups to develop new technologies and bring them to market.

Not only do the “tech patent wars” stifle innovation in the industry but who really pays the cost of these multibillion dollar law suits, The consumer of course. Yes, it’s a cost of doing business these days and all the costs associated with developing and selling a product must be bundled into the price of said product.

How do we fix the problem,

Much of the rhetoric that you’re likely to read on a number of popular tech blogs like to point the finger at the USPTO and the “broken patent system” but who’s to say that the patent system isn’t working as designed,

Firstly, we should clarify if this problem is insurmountable or even unexpected. It shouldn’t come as a surprise that this is not the first “patent war” we’ve ever seen. Not only that, but as far as these types of legal conflicts go historically, everything is on track to eventually work itself out. We just need to be patient enough to let things run their course and allow the legal system the time to do what they do and sort through all these overlapping intellectual property rights to decide who owns what and who owes who. Probably the first such conflict was the Sewing Machine patent war of the 1850s, which mirrors all of the same issues we’re seeing in today’s smart phone wars: patent-licensing entities, overlapping patents covering single products; expensive litigation etc. Eventually, things worked out and everyone settled down.

That’s not to say that the USPTO doesn’t have some catching up to do to be able to operate as efficiently as it could be operating. Which is why the recently enacted America Invents Act aims to bring the patent system into the 21st century and make the patent application process more efficient by:

Furthermore, we’ve also seen measures taken by the US Federal Trade Commission to reign in the ever increasing number of intellectual property infringement suits. When Google acquired Motorola in 2012 for $12.5 billion it also took ownership of Motorola’s patent portfolio of over 24,000 patents. The most significant outcome of the 19 month long case is a legally binding agreement from Google to allow its competitors access to “standard essential patents”. Those “standard essential patents” are basic patents that many NEW smartphone technologies need to access to, to be able to develop new products and improve old ones.

Between the AIA the FTC and legal system I think it’s safe to say that things will settle down….eventually. But it’s still anyone’s guess as to when that will be.

Mergers and Acquisitions Due Diligence Seven Critical Steps You Cant Afford to Overlook – II

Mergers and Acquisitions Due Diligence Seven Critical Steps You Cant Afford to Overlook – II

* How much of the IP portfolio was acquired compared to that developed internally,

One of the many things your IP portfolio represents is know-how. The inventor of the technology with a patent protection is the ultimate subject matter expert for that technology. You would typically rely on that inventor to extend the technology and to develop complementary technologies to enhance your market position in that arena.

If the acquisition target has acquired a significant amount of technology from outside the company, it is possible that there are no subject matter experts to fully exploit the IP the company holds. Even if the technology was developed internally, inventors can also leave the company. The key take-away is that you need to inventory the human resources within the acquisition target to make sure you get the greatest return on your investment.

* In emerging markets, who’s likely to be my competition,

Emerging markets tend to be risky for many reasons, and entering them makes good market intelligence a must. One of your best sources of market intelligence is your competition. You need to understand in which technologies they are investing. The initial challenge is identifying your competition.

One way to solve both problems is to determine who is investing in technologies similar to your potential acquisition for the market you want to enter. Doing so is just a starting point but as you discover potential competitors you have the opportunity to also get a more complete understanding of their technology investment strategy. This should give you clues as to where you should direct your own development resources and it will assist with revenue forecasting.

* What is the litigation risk if I acquire this company,

The most fundamental aspect of your due diligence is determining your exposure to litigation. Sometimes acquiring a company can put a bull’s-eye on your back. Obviously, researching past litigation in which the candidate has been involved is a useful activity, but that’s just the beginning. You need a clear understanding, for example, of whether the acquisition might actually trigger litigation.

Litigious companies sometimes target other small companies for infringement, but to wait until someone with deep pockets acquires them. It might be that a lawsuit against the small company would not be worthwhile because collecting the damages a lawsuit would yield would bankrupt the defendant. The practice of targeting companies is a growing trend, driven by non-practicing entities. Many of these companies acquire IP for the sole purpose of patent infringement litigation and do not produce or sell anything, instead relying solely on litigation damages for revenue.

An Estate Lawyer – The Reliable Link of Your Success to Your Next Generation

An Estate Lawyer – The Reliable Link of Your Success to Your Next Generation

Having a positive vision for success can help you earn money year after year. With lots of cash in your pockets and much more in the bank, you can look for productive investments where you can let your hard-earned money grow. Over the years real estate has become an increasingly popular investment.

The real estate market has plenty of opportunities for making big returns on your investment. With the continuous growth in demand for private homes, investing in real estate can be a very lucrative business. With real estate, there are many ways to realize a superior return on your investment.

A properly managed rental property can give you a steady stream of income in the form of rental payments. Over time, the increase in investment property value will provide you with an excellent source of profit. And any upgrades to the functionality of your property can significantly increase its value thus giving you more income.

In the real estate business, just like with any business, the services of a lawyer can be very important. The legal services of an estate lawyer in ottawa are highly valued by real property developers who have huge investment in the business. A knowledgeable estate lawyer helps them protect their rights as property owners and developers and prevents any issues that may arise from the property title, contracts with clients, and the selling process and purchase agreement.

An estate lawyer in ottawa can also be very helpful to you in a lot of ways. Any concerns that you may have regarding your tax, rental agreements with clients, compliance of the safety requirements and permits, and other matters can be prepared by an estate lawyer. Having the peace of mind of knowing that there will be no legal surprises in your business, the expense for payment for estate lawyer services is worth it.

Your properties and the success of your business are what you strive to achieve. If you want to secure your financial legacy and provide financial security for your family, your estate lawyer in ottawa can also help you establish a family trust to ensure intergenerational transfer of your business thereby ensuring that your life’s work continues.

Where to Look For Property Title Search

Where to Look For Property Title Search

What happened last week to one of my friend’s family. He was going to give his sister’s hand to someone who was completely stranger to him but he was the choice of his sister. So he was compelled to make legal relationship of her with him. What exactly happened was he the man who was going to marry my friend’s sister came to my friend and asked him that he is going to transfer his place to his sister’s name, so that my friend can trust on him. Making my story small, let’s come to the point, when my friend investigated about that building which his sister’s love was going to transfer to his sister, my friend came to know that this building is not legal. I mean the papers and documents of that building were all fake and he has unlawfully acquired that place.

The basic reason behind explaining this story is just to tell you that property title look up is how much important in some cases. All you should not ignore this research, no doubt it is bit lengthy and hectic but if avoided, you can better judge the latter effects of it. Property title look us is so much important for other occasions like when you are sick of your neighbors loud speaker and you wish to get rid of them.

Moreover it can be availed when you desire to know that how many times the particular place has been put to market for sale or rent or mortgage. Else you can get to know that how much tax you would pay for this particular building if you will purchase it. Property title look up can be carried out when you have the internet facility or when you do not mind to do leg work. As there are some manual ways while the technology has made it possible for you people to conduct the research by sitting at home.

Property title search through internet facility has made it easy and simple for the people to carry out this look up by sitting at home and making few clicks from your mouse. For this you need to have basic computer skills along with the capability to conduct the research for the property title search. All you need to do is to govern thorough web search and choose the best site as per your needs. The best site depends upon your requirements that whether you want to have cost effective route or you are more interested in time saving.

Online Brand Protection Secure Your Brands Reputation Today

Online Brand Protection Secure Your Brands Reputation Today

Online business is a necessary channel for product companies to be successful. This represented by eCommerce which has flourished extensively over the past few years. It is one reason why most of the companies today have their websites, their social networking id’s and their company weblogs, where the public can interact. It is important to know in the virtual sphere you are spoken about. People are making comments and judgments about your brand, services and products that you offer, your after sales service, customer care service and the like. Any positive publicity would add to your goodwill and positive image building, however negative publicity would result in the opposite.

What is Online Brand Protection,

It is important to understand the concept of online brand protection before delving in its finer aspects. In simple words, it refers to a host of defense measures for online business. Under this, the proprietor of a certain brand has the authority to secure its trademark from third party interference by deploying online methods

Importance of Online Brand Protection

Most market experts and legal teams agree that online brand protection is of great importance in today’s world. It is important to understand that your business concern or name has a certain profitable entity and reputation attached to it. Therefore, company name is the most priced possession along with other aspects such as online popularity and success.

There are instances when a customer’s negative remarks resulting from a purchase of counterfeit or gray market product or service has been noted. The best way to resolve is by applying online brand protection tools and addresses the situation as per the requirement. Such a situation is especially possible because of the presence of the gray market in the economy.

Benefits of Online Brand Protection

The services and benefits that online brand protection tools results to its users are as follows:-

Online brand monitoring techniques have the capacity to provide users detailed data on product, seller, individual listing levels that allows a brand to make decisions based on updated information with regards to areas of investment for brand protection in an efficient manner.

Such software application has the capability to offer users in-depth information on seller, product, individual listing levels that enables your brand to take decisions based on upgraded inputs concerning where to invest the brand protection amount most effectively.

Some Simple Guidelines For Filing Provisional Patent Application

Some Simple Guidelines For Filing Provisional Patent Application

All the patents in the United States are issued by the USPTO, which is also known as the United States Patent and Trademark Office. Although, the patent application process can be quite a lengthy and complex process, but once you have filed the application it would protect your invention for the duration of 12 months till the time you organize your full patent application. Additionally, a patent application is also less expensive as well as easier to obtain, which usually does not require any kind of assistance from a legal professional and also provides a ‘patent pending’ status to your invention. However, if you are planning to file a provisional patent application, it is recommended to follow these set of guidelines, which can provide you necessary information on the entire process.

Obtain and complete forms

This is first and one of the most important requirements while filing a patent application. The fee transmittal form, cover sheet and the application data sheet that must accompany the provisional patent application can quite easily be obtained from the USPTO website. The cover sheet would include the names and addresses of the inventors along with the title of the invention. The fee transmittal form would help you in determining which filing fee applies to the application. The important thing is that the required application data should be submitted in the required USPTO format.

Write the specifications

The specification that you mention for your invention should be quite clear and concise. The specifications should explain how the product is built in terms that a reasonably qualified person can create the invention through these specifications.

Make drawing

A provisional patent application usually requires drawings in black and white ink unless a specific color is required to illustrate any vital aspect of the invention. Photographs are acceptable only for those inventions that pertain to biological or microscopic features.

Get a receipt

It is important to understand that provisional patent applications cannot be submitted online, but can be sent through an email. However, in order to receive the receipt from the USPTO, it is necessary to include a self-addressed stamped postcard along with the application and the conformation number, the title, date of filing, name of the inventor or the inventors and a list of all the submitted documents. However, if there is any kind of discrepancy between the documents and the postcard received by the USPTO, it would be recorded on the postcard and then returned back.

Quit Claim Deed A Tool to Quit Your Claim in Property

Quit Claim Deed A Tool to Quit Your Claim in Property

What is Quit Claim, Quit claim is a document in which a person who has an alleged interest in real property, transfers this interest to another. A quitclaim deed is generally attained in order to include a person in relation or some business partner to the title to your home or other property. Its frequent occurrence comes when two people who are married to each other and one among them want to give any interest to other spouse in the property.

How to make a quitclaim deed, To make a quitclaim deed you first need to download a county specific Quit Claim Deed Form. The quit claim form could be available at local real estate offices as well. The form then has to be filled with all details about property, grantor(s), and grantee(s). It is mandatory to mention the names of all present owners and grantees aswell; else it could be considered removal of existing ones.

If you aren’t sure you have done the form correctly, ask real-estate lawyers to review it for you. Sign the completed form, if applicable. It may need to be acknowledged in the presence of a notary public, depending on the state. In most cases, the signed quit claim deed is a simple and effective way to give up all interest in a property. The deed is then recorded at the land records office in the county where your property is located.

Advantages of Quit Claim deed – The quit claim deed is a wonderful tool for property that is owned free and clear. – This type of deed is an excellent means of transferring real estate between family members such as in a division of an estate before the owner expires. – The deed can be legal with or without the purchase of real estate. In other words, a person can donate, or sell these rights to the property for a price using a quit claim deed.

Brand Counterfeiting A Threat to Intellectual Property

Brand Counterfeiting A Threat to Intellectual Property

The entrepreneurship effort of starting a business enterprise needs to be backed by building and developing consumer confidence and demand; the vital factors for a successful business. Organizations spend a large portion of their budgets every year to build their brand and trademark. Intellectual property is the most valuable asset of any business and needs to be protected from the hands of the counterfeiters. The brand integrity suffers adversely due to counterfeit activities. The advent of the widespread use of technology has helped counterfeiting grow at an enormous rate as a financial crime and tends to wipe away brand loyalty and revenue.

Brand counterfeiting has the potential to damage any business. Surveys report that on the international level, counterfeit products have an estimated sale of nearly six per cent of global trade. This not only damages the business and investment but also has a negative impact on the society and global economy. With consumer’s demands increasing each day along with their purchasing power, counterfeiting is not found in luxury goods alone. Counterfeiting has entered the consumer goods market, and has affected baby food, medicines, cosmetics, aircraft and vehicle parts. Thus besides being illegal, counterfeit product is a threat to the health and safety of the society as a whole. Organizations then look for brand protection and anti-counterfeiting mechanism in tune with the industry requirements.

Most of the brand protection solutions used by the enterprises only scan the Internet to look for trademark and brand abuses. Organizations dealing with high-valued and critical products need to invest in solutions, which would provide them with visibility of the counterfeit transactions so as to bring this brand erosion method to a halt. A 24/7 real-time monitoring system showcasing the product counterfeiting and channel violations will help the enterprises in locating the channel violators.

A counterfeiting solution with prime focus on product counterfeiting has advanced search techniques to monitor pricing, discount percentages and quantities of every product globally through dashboard displays. Through a company risk indexing method, it targets investigation at the companies, which cause loss through brand counterfeiting, revenue and customer loss. Such investigation and unique enforcement services can effectively shut down the violators of counterfeited products and offer a complete end-to-end brand protection for the companies.

Land Registration With Land Registry Dept Mandatory in UK

Land Registration With Land Registry Dept Mandatory in UK

Land Registry is the government department which is responsible for registering land in England and Wales. The UK law mandates that all land that is bought, sold or mortgaged must be registered. However, about a third of the land in England and Wales currently remains unregistered with the Land Registry department.

There are number of benefits that you may enjoy if you register your land with the department of Land Registry. The registration of the land proves the ownership of the land, helps to protect your land if someone tries to make a claim on it. Land Registry also simplifies conveyancing, making future changes in ownership easier.

If you decide to register your land voluntarily for the first time with Land Registry, you could receive a discount of up to 25% on the registration fee. The discount varies according to the size of the property. The cost ranges from �40 for property worth up to �50,000 to �690 for land worth over �1 million.

Inheritance Tax is the tax that is paid on your ‘estate’. In order to understand this term in general, it can be said that this is everything you own at the time of your death, less what you owe. It is also sometimes payable on assets you may have given away during your lifetime. Assets include things like property, possessions, money and investments.

However, it is not that everyone in UK pays inheritance tax on death. It only applies if the taxable value of your estate, including your share of any jointly owned assets and assets held in some types of trusts, when you die is above �325,000 (2009-10 tax year). Inheritance tax is only payable on the excess above this nil rate band.

In most cases, Inheritance Tax must be paid within six months from the end of the month in which the death occurs, otherwise interest is charged on the amount owing.

Inheritance Tax on some assets, including land and buildings, can be deferred and paid in installments over 10 years. If you have been nominated as someone’s personal representative for Inheritance tax, you have to value all of the assets that the deceased person owned. This valuation must accurately reflect what the assets would reasonably fetch in the open market at the date of death and how much Inheritance Tax would need to be paid.

It is important that you evaluate the estate first to find out if Inheritance Tax is due or not. This means adding up the value of all the assets in the estate – such as a house, possessions, money and investments – and deducting any debts the deceased may have owed, including household bills and funeral expenses.

An estate also includes the deceased’s share of any jointly owned assets and the value of any assets held in trust.

The evaluation should also include any gifts that the deceased may have made in their lifetime to see if they are exempt, and if they are not exempt, they need to be included them in the overall value of the estate, want other information like property solicitors.

When Civil Partnerships Breakdown, Is Civil Partnership Dissolution The Answer,

2004 brought the introduction of new legislation which permitted the legal union of same sex couples in a civil partnership. This was welcomed by many.

Some same sex couples liked the idea of being legally called “civil partners”, and the commitment associated with it. However, no partnership is without its occasional problems, and if the problem becomes serious enough, a civil partnership can break down. This can be a daunting, stressful and uncertain time. Unless one of the partners dies, a formal legal process is usually necessary to end a civil partnership – this is known as civil partnership divorce (or civil partnership dissolution to give it its correct and formal name).

There are a number of factors to take into account when a civil partnership looks like breaking down.. Firstly, there may be people affected by the ending of the partnership who will need to be informed. For example, if the partners are living in rented accommodation, the landlord of the property will usually need to be informed. Other parties such as doctors and dentists may need to be informed. Secondly, there may be issues involving children that need to be taken into account. If one of the partners came into the current relationship with children from a previous relationship, arrangements will have to be made so that the children are taken care of after the partnership ends. It is vital that the civil partnership dissolution causes the least amount of disruption to the children and maintains a good relationship between at least one of the partners. Thirdly, if the partners share a house and have a joint mortgage, an issue of home ownership is very likely to arise. Finally, other financial obligations and issues may need to be take care of.

If the relationship breakdown looks like leading to civil partnership dissolution, the partners involved should seek specialist legal advice from family lawyers who specialise in civil partnership divorce -and seek that advice at the earliest stage possible. The stress and strain of a civil partnership dissolution can be overwhelming for anyone involved and the process can easily become complicated – especially if money, property or children are involved.

One partner can apply for civil partnership dissolution after the couple has been in a legal civil partnership for over a year. This time lapse is to try and ensure that a reasonable time has passed before one or both of the partners wants to apply for a dissolution. A separation order can happen at any time, and means that the partners no longer have to live together. An annulment[which is an extremely rare order indeed] occurs when the judge declares the civil partnership as void – in effect that it was never valid in the first place.