Monday, June 25, 2007

Three Myths About The Translation Business

The native speaker principle is overrated, and the academic concept of ‘quality’ means little in a business context. Statements such as these may sound offensive to translators and clients alike. Yet those who plan to start up a translation business should be aware that the received views of the translation establishment may have little to do with reality.

There are countless languages in the world, most of which have many thousands and some even billions of monolingual or bilingual speakers. The laws of statistics would seem to dictate, therefore, that any attempt to set up a translation business is futile, if only because the number of potential competitors is overwhelming. However, once you have begun your translation business you will realise that serious competition – i.e., from rivals with business acumen and the nerve to question translation myths – is in fact comparatively scarce.

Native speakers are generally held to be indisputable authorities on translation issues. This leads us to the first myth about the translation business: the native speaker is infallible. When you start up your own translation business you will soon discover that most customers, especially the more knowledgeable ones, will demand that the translation be done by a native speaker, on the assumption that a native speaker is automatically a good writer. Not so. While there may be over a billion native speakers of English worldwide, only a fraction of them can be relied upon to possess the judgement it takes to decide whether a translation is linguistically sound in a given business context. We should not automatically assume that a native speaker is a good writer in his own language, and even less that he is a good translator. For one thing, translation requires thorough insight into the source language as well as the target language. When you hire translators for your business, you should never forget that while a good translator is usually a native speaker of the target language, not all native speakers are good translators.

The second myth about the translation business has to do with client priorities, and the assumption that more than anything else, clients want quality. People can be excused for taking this myth seriously. Anyone in his right mind would expect that the client’s main concern when engaging a professional translation agency is to get a high-quality translation. Not so. Studies have shown that most clients are in fact more interested in speed than in quality. This is not to say that your client will be pleased to accept any trash as long as he gets it fast; the point is that quality standards in a business context are different from those in an academic context, and may be overshadowed by practical concerns. University students are trained to achieve linguistic perfection, to produce translations formulated in impeccable grammar and a superbly neutral style. Yet the fruits of such training may not be quite to the business client’s taste. In fact, there are probably as many tastes as there are clients. A lawyer will expect you first and foremost to build unambiguous clauses and use appropriate legalese; a machine builder requires technical insight and authentic technical jargon; and the publisher of a general interest magazine needs articles that are simply a good read. What all clients tend to have in common, however, is a reverence for deadlines. After all, when a foreign client has arrived to sign a contract, there should be something to sign; when a magazine has been advertised to appear, it should be available when the market expects it. In a business environment, many different parties may be involved in the production of a single document, which means that delays will accumulate fast and may have grave financial consequences. So, starters should be aware that ‘quality’ equals adaptability to the client’s register and jargon, and that short deadlines are as likely to attract business as quality assurance procedures.

And if you manage to attract business, you will find that the translation industry can be quite profitable, even for business starters. The third myth we would like to negate is that translation is essentially an ad hoc business with very low margins. Not so. Various successful ventures in recent years, for example in the Netherlands and in Eastern Europe, have belied the traditional image of the translator slaving away from dawn till dusk in an underheated attic and still barely managing to make ends meet. It is true that the translation process is extremely labour intensive, and despite all the computerisation efforts, the signs are that it will essentially remain a manual affair for many years to come. Nevertheless, if you are capable of providing high-quality translations, geared to your client’s requirements and within the set deadlines, you will find that you will be taken seriously as a partner and rewarded by very decent bottom line profits.

http://www.articlebiz.com/article/16091-1-three-myths-about-the-translation-business/

Canada Immigration Lawyers

There is no need for engaging any lawyer or consultant to immigrate to Canada or any other country. If you have the right credentials in accordance with the immigration policies of the country you want to immigrate to, along with the acceptable documents to support your claims, you do not need any lawyer to plead your case.

But immigration is not simple. The policies governing immigration are sometimes too complex to be easily understood by immigration seekers. Moreover, lawyers can present your case in a clear and concise manner according to the laws of the land. This can help your case to be decided more expeditiously.

The question of choosing the right lawyer to represent your case is important. Most of the law firms in Canada do not have immigration lawyers on their panels. Therefore you need to make special efforts to find a suitable one yourself.

The best course is to contact someone among your friends and relatives who has already been well served by a lawyer in his efforts to immigrate. You can also see the lawyers’ advertisements in the newspapers and on the Internet.

Tall and misleading promises are sometimes made by lawyers who advertise themselves as immigration experts. There is no way you can verify their credentials. If you find the website of a lawyer, you should try to see whether that site gives substantive and value-added information to guide you.

Eminent lawyers have many prestigious publications on the special field of their practice. These publications usually provide sufficient insight into their credentials. So when you select a lawyer, ask for his published books or articles in the field of immigration.

Information about the capabilities of a lawyer can also be sought from the bar council or association of which he is the member. Some of the prominent immigration lawyers may be office bearers of the bar associations. These lawyers are recognized as authorities in their specific field.

Direct communication with the lawyer may also help a lot. You should not hesitate to ask for references of persons he claims to have helped successfully. You may also ask him his special qualifications and length of his experience.

You should always ask for a money-back guarantee and a detailed written contract so as to avoid future misunderstandings.

http://www.articlebiz.com/article/19728-1-canada-immigration-lawyers/

California Business Lawyers

There are two ways you can find and meet with business lawyers in California. One is the traditional way of referrals. The second is through the Internet, where you can visit a firm’s website. Basically, a business lawyer would provide legal advice, counsel, and representation.

Business lawyers offer services that cover the following major services: counsel to small businesses and startups; California Incorporation and business formation; nonprofit organization and regulation; venture capital and private equity/debt financings; preparation and review of contracts; shareholder, employment and intra company disputes; opinion of counsel business and commercial litigation mergers and acquisitions (M&A); sale or purchase of a business; intellectual property protection and technology; restricted stock transfers; secured transactions; Federal and California disclosure laws; business and nonprofit tax issues.

In a nutshell, your business lawyer will assist you in formulating a legal structure or entity for your business, from articles of incorporation, business licenses, bylaws, partnership agreements, operating agreements, initial director's meetings, managing partner or manager's meetings, stock certificates, share registration, EIN application, tax-exemption filing, reseller's permits, state business authorizations, option plans, employment compliance, invention assignments, nondisclosure agreements; and employment agreements, as provided for under the California Incorporation and Business Formation Services guidelines.

Your California business lawyer will also help you deal with financial lenders, investors, and venture capital firms. Your lawyer can offer expert opinion on the different kinds of mergers and ensure that you always get the better end of the bargain. He will also be the one to draft disclosure documents required by the Securities and Exchange Commission, as well as the various contracts you will need. He will see you through restricted stock transfers and merger & acquisition transactions. These are a just a few advantages you will enjoy when you have an experienced California business lawyer as your counsel.


http://www.articlebiz.com/article/20697-1-california-business-lawyers/

Phoenix Schools’ Roosevelt District in Serious Trouble with Arizona Department of Education

The Roosevelt Elementary School District, located in the Phoenix Schools area on the south side of the city, is in serious trouble. The primarily low-income district has been dealing with turmoil for years, and the possible takeover by the Arizona Department of Education only exacerbates the situation.

Last December, Arizona Department of Education held a meeting in one of Roosevelt’s school gyms to present the situation to all concerned. Over 200 parents, teachers and other community members were present as Arizona Schools Chief Tom Horne, flanked by 25 of his top staff members, laid out the Phoenix schools Roosevelt district’s problems. Five members of the Phoenix schools Roosevelt district board were present.

Horne, a Harvard-trained lawyer, did not mince his words as he presented slide after slide and graph after graph that illustrated the large negative numbers that concerned this Phoenix schools district. Many in attendance were visibly stunned by the enormity of the situation with which they and the district are faced.

One point that Horne hammered home to the five Phoenix schools’ Roosevelt district board members present, as well as the audience, was that other school districts were doing much better with similar resources. Three neighboring Phoenix schools’ districts have just as many impoverished families as the Roosevelt district. They have just as many students with English as a second language, who need the extra time, resources and coursework to learn English in order to succeed in the Phoenix schools. Yet, these three Phoenix schools’ districts have between 64 and 78 percent of their students performing at grade level in math for the third grade, with Roosevelt at 45 percent; and 62 and 72 percent in reading, with Roosevelt at 34 percent. The same is true in the other score measurements. In all 27 separate measurements, Roosevelt is substantially below the other three comparable Phoenix schools’ districts. That is nearly double the number of students showing academic achievement, as compared to Roosevelt. (You may view Horne’s graphs at: http://www.ade.az.gov/administration/superintendent/articles/RooseveltDistrictSpeech.pdf.)

What really hit home for the people in attendance is that Roosevelt receives per student funding above the state average, yet no other district in the state has performed so poorly. In 2005, the Arizona Department of Education ranked 10 of the Roosevelt schools as “underperforming”. The district has only 21 schools. This was an unprecedented amount of “underperforming” schools in the Phoenix schools area.

Things must improve rapidly for the Phoenix schools’ district. Otherwise, the state will take over the district and all its schools. Horne is applying pressure to overhaul the district’s practices and replace ineffective personnel. Meanwhile, Horne has called for legislation to allow the state to take over entire districts and school boards for poor student performance.

The Roosevelt district has taken the threat of takeover by Horne to heart. This year, they have initiated many major changes, including:

• New and innovative practices;
• District educators are working together to develop a guaranteed and viable curriculum;
• Teachers at all levels are involved in curriculum mapping, which helps a teacher understand what standards to teach students and when to teach them;
• A standards-based progress report now replaces the number grade reporting system, helping teachers and parents understand the language of standards and create a consistency between district reports and the results of the statewide test; and
• A comprehensive curriculum guide was developed and implemented that includes standards and a curriculum pacing calendar.

Only time (and a very short time, at that) will tell if these changes will be enough to elevate the Phoenix schools’ Roosevelt district’s underperforming schools. If not, then the district will be under new management — the state.


http://www.articlebiz.com/article/22074-1-phoenix-schools-roosevelt-district-in-serious-trouble-with-arizona-department-of-education/

How to gain your subscribers trust when buidling your opt in list

While the rest of the world have developed many barriers and protections to keep their e-mail accounts spam-free, there are also those that subscribe to mails that promotes their products, services and their site. This is mainly because these subscribes wants to know more about what these sites are offering and can be beneficial for them. They expect to get be kept posted on what they are interested in and what are new in the market or field they have chosen.

Businesses would be so lucky to have these kinds of customers; the basic element needed to get these types of people is trust. When your customers trust you they will reward you with their loyalty. Many internet users have gone to great lengths in protecting their email accounts from spam mail. Some free-mail internet providers and internet service providers offer spam protection while there are also some internet based companies that screen your mails for you.

With an opt-in mail list, the mails you send containing your promotional materials such as newsletters, catalogs and marketing media will go through. Your intended recipient will be able to read and view what you have sent making it a successful transfer of information. To be able to be allowed to do so, you will need permission from your recipient, to get this permission; you need to be able to get their trust. With the great lack of disregard for privacy in the internet, getting the trust of an internet user you don’t personally know is a big achievement.

To build a good opt-in list you need people to trust you, for a faster and quicker build up, you need to get your opt-in subscribers to trust you quickly. The faster you build your opt-in list the faster word about your site and company gets to be spread. The bigger the scope of your opt-in list the more traffic you get spelling more profits. Its easy math if you thin about it. Getting the numbers is not that simple though, or maybe it is?

• Getting the trust of your clientele shouldn’t be so hard especially if you do have a legitimate business. Getting your customers trust should be based upon your expertise. People rely on other people who know what they are talking about. Garner all the knowledge and information about your business. Ell, frankly if you decide to go into a business most probably you have an interest in it. Like how many basketball payers become coaches, you don’t really venture into something you don’t have any interest in.

• Show your clients that you know what you are talking about. Provide them with helpful hints and guidelines that pertain to what you are selling. Talk about how to install a roof if your into hardware products or provide articles on insurance settlements if you’re a settlement lawyer. You don’t have to be a big corporation to make use of an opt-in list. If your customers see you as someone who knows what he is doing and saying, they will trust you quickly.

• Be true to your customers, if you want to hype up your products and services, provide guarantees. The more satisfied customers you get, the bigger probability there is that they will recommend you. Generally, people will trust someone they know, when that someone recommends you then you’re a shoo-in. They will go to your site and check it for themselves and be given a chance to experience what the other shave experienced from you, so make sure to be consistent in the service you provide.

• Another tip in getting a customer to trust you quickly is to provide them an escape hatch. Show them that you are not there to trap them. Keep a clean list that would enable them to unsubscribe anytime they want. Elaborate your web form by providing information on how to unsubscribe from the list. Guarantee them that they can let go of the service when ever they want to. Many are wary that they may be stuck for life and would have to abandon their email accounts when they get pestered with spam.

Remember that when you get the trust of your clients don’t lose that trust. Because if you do anything with their email addresses like sell them or give them out, you will lose many members of your list as ell as potential members. The true quickest way to gain the trust of your subscribers is when you are recommended by someone they trust.

http://www.articlebiz.com/article/27989-1-how-to-gain-your-subscribers-trust-when-buidling-your-opt-in-list/

Incorporate Yourself

At the superficial level, incorporating a business is easy. It includes filing articles of incorporation with the Secretary of State where one is incorporating. However, there are lots of issues that need to be resolved before the process is complete like deciding the type of corporation and the state where one wants to incorporate.

Incorporating requires expert knowledge of business laws and consequences, tax compliances and other regulations. It is wise to seek the advice of a lawyer that has this type of expertise to offer. Some jurisdictions require that filing papers has to be done through a lawyer. But under certain conditions, it is possible to incorporate yourself. The state offers assistance in this regard, and there are good books available that explain the steps to incorporate.

There are advantages and disadvantages to filing papers by oneself. If you incorporates on your on, you can save hundreds of dollars that would have gone to lawyers in the form of fees. With assistance from the state and the availability of information from the Internet and books, a little bit of effort will save money.

If you start a business, you must first be knowledgeable in areas of selling, consulting and manufacturing. Classical management theories opine that one should concentrate on these core competency. If you aren’t equipped to deal with one or more, then you should hire an expert to help.

As stated, the area of legal and corporate affairs is best left with a lawyer who has that expertise. The returns from concentrating on the core competency more than offsets the expenses incurred by way of consulting a lawyer. By consulting a lawyer, your mind is relieved of the hassles of legal terms and laws. The lawyer may even counsel you on whether to incorporate or not. Hence, it is possible to incorporate by oneself. However, it requires a lot of effort, so you must first consider the benefits and losses of doing so.


http://www.articlebiz.com/article/33447-1-incorporate-yourself/

Fighting Hard For Selfish Justice

America! Land of opportunity!
--- Money is our hidden treasure
--- Wealth becomes the standard measure
--- As we seek our fleeting pleasures
--- Pride without humility
--- Great concern but no compassion
--- FIGHTING HARD FOR SELFISH JUSTICE

These are some lyrics to a 39-line satire I wrote: AMERICA: Searching For Reality. A satire is to a degree negative by definition. But in these articles, I convert the negative lyrics into positive thoughts.

Gone are the days when a handshake was as good as gold! I remember these days, even among lawyers (I am one). I became a lawyer in 1971, building my practice by singing in nightclubs at night (guitar and vocal) - and passing out business cards. They called me ‘the singing attorney.' Then you could trust what other lawyers said. But about 1985 this changed. A new ‘mentality' was born. ‘Fighting hard for selfish justice' describes this. It wasn't just a disease for lawyers. Our whole race became infected.

A selfish justice mentality comes from justifying everything we do. Psychologists call it ‘rationalization.' The Bible has a verse that talks about us ‘accusing or excusing each other.' This is the way most people function - finding reasons to condone or condemn ourselves and others.

There is a well known quote: ‘the law and justice make strange bedfellows.' In other words, law and justice don't belong together. You can have one or the other, but often not both. And since our society is continually built on more and more law, justice often seems to be a thing of the past. As a Supreme Court Justice has said, ‘We now have ten million laws - to enforce the ten commandments.' I once heard an angry judge say, ‘The law isn't necessarily fair; the law is simply the law.'

Many things today aren't what they used to be. SELF-righteous living has replaced RIGHTEOUS living. Anytime the focus is on ‘ourselves,' we usually don't do the 'just' thing. This country was established on the premise of the greatest good for the greatest number. With all of the factions and 'rights groups' today, this concept has long been forgotten.

We should ‘get back to the basics' of truly living life in a sense rightness or justice. In truth, 'selfish justice' is a total contradiction in terms. It doesn't exist in truth, but it does in human experience. This should not be the case. To live life to the fullest, we need to erase the mentality that says, "Right or wrong, I want to WIN!" A quote I like says, ‘How certain we mortals are of things even angels question.' We live in a world that preaches power, submission, and authority. Almost everyone is on the ‘rights bandwagon' to some degree. Force is becoming a way of life. When we live thinking these thoughts, we become our thoughts. ‘As a man thinks in his heart, so is he.' Our goal should be an inner life and power, more than an outer manifestation of our desires. There is a line in a country song: ‘Sometimes God's greatest gift is unanswered prayer.' How true it is.

Maybe we should try crucifying our own interests instead of publishing them. Maybe we should seek to unite rather than divide and conquer. If we would simply ask if what we are about to say is true, kind, necessary, and helpful, it would substantially reduce the words we speak. Are we a builder in life, or a destroyer? Do we try to lift people to ‘Higher Ground,' as John Denver's song says, or do we try to bury them?

None of us knows our own hearts, or what we are capable of, either good or bad. If we would learn to judge, and at times crucify, our own interests and desires, we would be stronger and better because of it. If we would seek a higher good, not just our own good, the immediate world around us would be a much better place to live in. We would see a beautiful difference in everyone we connect with.

http://www.articlebiz.com/article/40896-1-fighting-hard-for-selfish-justice/

Off Label Drug Use Marketing

When a drug is approved by the FDA for a specific use, pharmaceutical companies are only allowed to market the drug for that use. Any drug may be prescribed by a doctor for any use, including uses not described in the approved labeling. This is considered to be an “off-label” use.

For example, an article in healthnewsreview.org points out, “it is not uncommon for physicians to prescribe low doses of beta blocker drugs to help people overcome jitters before public speaking. Beta blockers are not formally approved for this use. The FDA advises doctors in such circumstances that “they have the responsibility to be well informed about the product, to base its use on firm scientific rationale and on sound medical evidence, and to maintain records of the product's use and effects.”

Off-label drug use has left use with the problem of off-label marketing. Although off label marketing has been deemed illegal by the FDA, that hasn’t stop drug companies from pushing their drugs for uses that haven’t been approved. All it has done is force drug companies to find a more crafty way to solicit their information.

Instead of showing TV commercials advertising the other uses, now they go straight to the source that prescribes their drugs, the doctors. For example, Eli Lilly has recently been accused of marketing its anti-psychotic drug Zyprexa to treat dementia. An exert from an article in Medical New Today; “It has been reported that a US lawyer handling the lawsuits of mentally ill patients is in receipt of internal marketing documents belonging to Eli Lilly that allegedly contain evidence of a longstanding campaign to influence doctors to prescribe Zyprexa for non-approved use, specifically to elderly patients with dementia.”

Drugs do not get tested and do not receive approval for all available uses in order to extend the patent life of a drug. When a patent for exclusive marketing rights for a particular drug run out, the drug company just tests it for another similar use and extends the patent life in order to make more money. The people that get hurt by being prescribed wrongful medication by their doctors who were solicited information for alternative uses by the drug companies are just part of making money.

For more related articles or to subscribe to our feed please visit this Consumer Advocacy website for more information on ordering from an online with no prescription .


http://www.articlebiz.com/article/38806-1-off-label-drug-use-marketing/

The Need For An Expert Corporate Lawyer

A corporation lawyer may have several areas of expertise. A corporate lawyer can either specialize in forming corporations, or in the drafting of the appropriate articles of incorporation and by-laws. There is also a lawyer who specializes in liquidating or dissolving a corporation or a lawyer who masters in bringing a suit for and in behalf of a corporation.

But do you really need separate lawyers for each and every concern of the corporation? Of course not. You can actually find an expert corporate lawyer for all of these. You can find a single lawyer who can help you establish the corporation, make the necessary articles of incorporation and by-laws, sue and defend for and in behalf of the corporation and dissolve the corporation in case the stockholders desire so. There is no need to hire and pay a separate lawyer for all these corporate concerns. All you have to do is to get one expert lawyer and pay him or her, the corresponding retainer’s fee for every service rendered to the corporation as the need arises.

Truly, we are all aware of the great need of an expert corporate lawyer for our corporation. There is no question about this. However, we must also be aware that we can actually have one expert lawyer that will handle all the needs of our corporation. There is no need to spend lots of money in just trying to get several lawyers to cater to the needs of the corporation. One expert lawyer will be enough. There are so many corporate lawyers available today. The issues, problems and questions involving a corporation is not that complicated. So why make it one? By just looking and browsing the Internet, you can actually find a law firm that will provide you with a corporate lawyer who is well-acquainted with our corporation laws. Try getting one and just pay the corresponding retainer’s fee to the law firm. Surely, all the corporation’s concerns will be handled competently by the lawyer assigned to your corporation.

http://www.articlebiz.com/article/53249-1-the-need-for-an-expert-corporate-lawyer/

I Thought Our House Was Community Property – Buyer Beware!

In today's real estate mortgage market, one spouse often has better credit than the other spouse.; In order to obtain a more favorable interest rate on a mortgage, one spouse will quit claim their interest in the house to the other spouse as their sole and separate property.; This form of title is often demanded by the lender.; The house is being purchased during the marriage and the married couple believes in good faith the house is community property.

In the past courts did not exalt form over substance.; The new house title in form is separate property, yet the substance and intent of the parties was to purchase the house together as community property.

The courts have reversed themselves in the recent case of, "In re Marriage of Matthews", and courts are enforcing the form of the transaction and not the substance.; Therefore, if your house was purchased under similar circumstances, you will need a written document signed by your spouse transmuting what is titled as separate property into community to do this and at the time of a divorce you will likely not receive your intended interest in the marital residence.; That could result in the loss of hundreds of thousands of dollars.

With over 24 years of experience as a family lawyer working with the California Family Code, I have developed my "100 Most Popular Sections"; This listing acts as a guide to common family law sections, with references and descriptions and additional information.; Learn more by visiting my favorite California Family Code sections. As a certified divorce specialist, I present the most crucial information on father rights, parents rights, marital support, modification of divorce orders, modification of family support, grandparents right, California custody, military divorce, adoption, prenuptial agreements, substantive rights and liabilities, restraining orders, estate planning, epstein credits, joint credit cards and all aspects of the California dissolution process.

Summary: You and your spouse purchased a home and one of you quit claimed the title in order to get the best interest rate on your loan. Now, in the middle of a divorce proceeding, the ownership of the home may be in question. It is critical that spouse that quit claims gets a written document transmuting separate property to community property. In the event of a divorce or dissolution of marriage, both parties may claim ownership of the home.


http://www.articlebiz.com/article/56712-1-i-thought-our-house-was-community-property-buyer-beware/

Patent Law Basics for the Non-Practitioner - Part I of IV: OVERVIEW

A patent is a property right granted by the government of the United States to an inventor "to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States" for a limited time in exchange for public disclosure of the invention when the patent is granted. Article I, Section 8 of the United States Constitution grants Congress the power to enact laws relating to patents: "Congress shall have power... to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." Pursuant to this grant of power, Congress has from time to time enacted various laws relating to patents, now codified in Title 35 of the United States Code (the "Patent Law Statute"). These laws established the United States Patent and Trademark Office ("USPTO") to administer the law relating to the granting of patents. The USPTO is an agency of the United States Department of Commerce providing patent and trademark protection to inventors and businesses for their inventions and corporate and product identification.

It is at the heart of patent law to encourage invention by granting inventors a monopoly over new product designs or functions for a limited time until expiration of the patent, after which expiration the public is free to copy and profit from the invention. Qualitex Co. v. Jacobson Products Co, Inc., 514 U.S. 159, 164-165 (1995). The Patent Law Statute provides that "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 therefore, subject to the conditions and requirements of this title." 35 U.S.C. Section 101. A "process" is explicitly defined as a "process, art, or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material." 35 U.S.C. Section 100. The term "machine" as used in the statute is the same as used in standard language (e.g.: a human-made system or device made up of fixed and moving parts that perform tasks). The term "manufacture" refers to articles that are made, and includes all manufactured articles. The term "composition of matter" refers to chemical compositions, and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically all things that are made by man and the processes for making them.

Things which do not fall into one of the above classes of subject matter are not patentable. For instance, laws of nature and physical phenomena are not patentable subject matter. Furthermore, a patent cannot be obtained based upon a mere idea or suggestion. In other words, while a patent may be granted based upon a new process, machine, manufacture, or composition of matter, the mere idea or suggestion of the new process, machine, manufacture, or composition of matter, respectively, will not suffice. A complete description of the actual process, machine, manufacture, or composition of matter, respectively, is required.

Once issued, a patent grants the patent holder the right to exclude others from making, using, offering to sell, or selling the patented invention within the United States, or importing the patented invention into the United States, during the term of the patent. 35 U.S.C. Section 271. However, a patent does not grant the patent holder the right to make, use, offer for sale, sell or import the patented invention. For example, the issuance of a patent does not protect the patent holder from claims of infringement of the claims of other patents, the scope of which claims may include the patented subject matter.

A patent lasts for twenty years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the timely payment of maintenance fees. However, under certain circumstances, patent term extensions or adjustments may be available. U.S. patent grants are effective throughout the United States, U.S. territories, and U.S. possessions.

There are three basic types of patents: 1) Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof; 2) Design patents regard inventions relating to new, original, and ornamental designs for articles of manufacture; and 3) Plant patents regard inventions, discoveries, and asexually reproductions of any distinct and new varieties of plants.

*This article is for informational purposes only. This article does not constitute legal advice, and no attorney-client relationship exists between its reader and Zuber & Taillieu LLP or any of its attorneys. If you seek legal advice in a particular matter, you should seek the counsel of a lawyer experienced in the relevant area of law, rendered with the lawyer's full knowledge of the facts relevant to such matter.


http://www.articlebiz.com/article/58840-1-patent-law-basics-for-the-non-practitioner-part-i-of-iv-overview/

When Employers Need Lawyers

Looking out for a lawyer? Lawyers are everywhere and there is an abundance of legal services they can provide depending on the legal predicament we are in. Each lawyer has their own expertise. With common sense and discretion, we will be able to choose the particular lawyer who would definitely be able to assist us in our legal concern.

Lawyers specializing in employment law are expected to represent either employees or employers. It is advisable for an employee who is filing a claim against his or her employer to hire a “plaintiff’s lawyer”. This type of employment lawyer has expertise in representing employees in employment law disputes.

On the other hand, employers need lawyers to help them defend their company against claims made by an employee. Employers usually have their so-called “company lawyers” already since businesses have pertinent legal matters aside from employment law matters and employee lawsuits. However, these lawyers’ legal services may be limited only to initially assessing the problems and coming up with a plan in resolving them. So, if there is significant potential liability exposure to employment law claims, employers may have to start talking with a lawyer or law firm with expertise and ample reputation in handling said particular claims they are facing.

Furthermore, if the plaintiff who launched the claim involves a labor union or organized labor, then employers need to take a different approach on the legal issues being presented. The employment law has special provisions regarding this kind of situations, and employers facing such issues must hire lawyers or a law firm with expertise and pertinent experience.

There are lots of lawyer sites in the internet offering their specialized services. But as we have stressed, picking out a lawyer without proper discretion may lead to disastrous results and leave us with the burden of having to pay outstanding fees.

Finding the perfect employment law lawyer that specializes in defending employers against employee claims entail initial screening. Here are some of the categories to look out for in order to narrow down the list of prospective candidates:

• Biographical information – this can be found on the lawyers’ and their law firms’ web sites. Based on what is found, ascertain their expertise in the area directly concerning the lawsuit being faced.

Lawyer profile – it is important to know who the lawyer and his or her firm opts to represent in the particular case being faced. One can always call up to know this fact.

• Informational pieces – these can be located through search engines where an employer may turn up with articles, testimonials, endorsements, etc., bearing the lawyer or law firm’s name, thereby establishing its credibility.

• People’s opinion – gleaning information by asking other people directly about what they think or heard. Ask for references. Talk to people who could comment on the lawyer's skills and trustworthiness. Talk to some of the lawyer's representative clients. Get a reference from a bank and from other lawyers.

Employers can also dig up further on a lawyer’s abilities and status through browsing into the following:

State bar associations – these can provide information if the lawyer has an excellent track record.

Telephone directory – it is also advisable to check out advertisements of the lawyer or law firm straight from the yellow pages to find out if they are compelling enough

• Local newspaper archives online - find out if there has been publicity and news about the lawyer or the cases he or she has handled Finding a good lawyer to come up with the expectations required of them is tough. The employer concerned must know if there are any conflicts of interest on the part of the lawyer and if there is a possibility of having to retain the lawyer or law firm with the necessary expertise.


http://www.articlebiz.com/article/60320-1-when-employers-need-lawyers/