Finding an attorney is not hard you need to know where to look.
It may seem ridiculous but according to those in the know often finding an attorney is harder than finding a husband or wife. An attorney is the one who will ensure that your business stays on the right side of the law, and draft all agreements and contracts so that your interests are protected at all times. If the attorney is to represent you in court you need to have a special relationship with him or her so that they understand you in totality and give you the best representation possible. Remember an attorney is not to be contacted when in trouble but much before he can keep you out of trouble by looking after legal aspects of your work and personal affairs.
So, you must choose an attorney with great care. Ways to locate attorneys are:
1. One way of ensuring you get an attorney of standing is to seek referrals from friends, family members and others in your business. Weigh recommendations carefully because some people may have vested interests. Be sharp.
2. Use a lawyer referral service. The state or bar association will be able to recommend a lawyer referral service to you. Or you could find one from the World Wide Web there are lawyer directories like http://aol.lawyers.com/ .
3. By searching through a public directory like the Martindale Hubbell Law Directory. This directory lists lawyers that practice in the US and 159 other countries. See: http://www.martindale.com/ .
4. You could visit courts in sessions and watch lawyers in action and decide you like x or y and then find out all you can about them.
5. Read about prominent cases in newspapers and magazines to locate a suitable lawyer.
6. Check out local Bar Associations and look through their membership rosters. The American Bar Association has a website with in depth information on law and attorneys.
7. Surf through websites that have information on law as well as lawyers for the state you live in and choose an attorney who has expertise in your area of work.
8. Through advertisements placed by law firms or individual attorneys.
You must be practical and sensible when you need to choose an attorney to handle your affairs. According to experts avoid selecting an attorney from advertisements and self promotional articles in magazines. Attorneys must be chosen from reliable recommendations.
Be sure to check the attorney’s credentials, qualifications, and whether or not he has the membership to the right law associations. Find out his rate, successes, failures, dependability, and whether he handles the cases himself or has a battery of assistants who do his work.
Avoid smooth talkers, those who will not meet your eye while speaking to you, those that dismiss you with a handshake, cup of coffee and a smile. A true attorney is one who will take time to discuss your needs in detail, go over the pros and cons of your case, and give you a clear idea of whether or not you have a chance to win your case.
An attorney will be a partner in your life in many ways. So select with care.
http://www.articlenetworks.com/Article/8-Resources-to-Help-you-Find-a-Good-Attorney/174
Thursday, July 12, 2007
10 Ways to Keep Legal Fees Affordable
Hiring a lawyer is step one when you need legal advice or help. Step two is the most crucial as you need to have a clear idea what the lawyer is going to cost. Most lawyers charge by the hour and rates may vary from USD 60-USD 300 per hour. It depends on the lawyer, the extent of your case, and where the case is to be fought.
In cases of personal injury or worker’s compensation often lawyers agree to a contingent fee agreement. In this case they do not charge by the hour but take one-third of the compensation awarded. However you will still need to bear costs like court filing fees and costs of deposing witnesses and so on.
While most lawyers do not negotiate on fees you could think about:
1. Discussing your case and personal finances openly with the lawyer. Ask whether he will consider a consolidated fee instead of an hourly rate.
2. Explain how your case will benefit him and his firm. Sometimes even big firms and lawyers take on cases for less than their standard rates if it will benefit them in some way.
3. Think about using a lawyer attached to a smaller firm than a large one. New firms and smaller firms may quote a rate lower than an established lawyer.
4. Ask whether they offer better terms if you undertake to do a considerable amount of foot work for the case.
5. If you need legal representation for your business or family on a sustained basis many firms do offer a better rate based on the volume of work you will bring them.
6. Indicate that you will not waste too many hours of the lawyer by ensuring that you jot down facts of the case clearly, bring witnesses to meet the lawyer, and keep handy all documents necessary for the case.
7. Save money by not wasting the lawyer’s time on phone calls. Remember he will bill you even if you are just having a friendly chat or are weeping on his shoulder. Prepare to be short and precise when you speak to him. As far as possible put things down on paper and send it to his office. E-mails work better than phone calls.
8. You know your case better than anyone else so make detailed notes and prepare a file for the lawyer with details such as names, addresses, what happen when and so on. This way you will not waster time meeting with the lawyer unless unavoidable.
9. Request for regular billing and keep track of the time, costs and so on. If you study the bills carefully and recognize
Always put things down in writing, especially the fee agreement. The agreement should include the rate, services covered, and what expenses are not covered by the agreed on fees and are to be paid at actual. In fact by law any legal fees over USD 1000 must be agreed upon in writing.
http://www.articlenetworks.com/Article/10-Ways-to-Keep-Legal-Fees-Affordable/158
In cases of personal injury or worker’s compensation often lawyers agree to a contingent fee agreement. In this case they do not charge by the hour but take one-third of the compensation awarded. However you will still need to bear costs like court filing fees and costs of deposing witnesses and so on.
While most lawyers do not negotiate on fees you could think about:
1. Discussing your case and personal finances openly with the lawyer. Ask whether he will consider a consolidated fee instead of an hourly rate.
2. Explain how your case will benefit him and his firm. Sometimes even big firms and lawyers take on cases for less than their standard rates if it will benefit them in some way.
3. Think about using a lawyer attached to a smaller firm than a large one. New firms and smaller firms may quote a rate lower than an established lawyer.
4. Ask whether they offer better terms if you undertake to do a considerable amount of foot work for the case.
5. If you need legal representation for your business or family on a sustained basis many firms do offer a better rate based on the volume of work you will bring them.
6. Indicate that you will not waste too many hours of the lawyer by ensuring that you jot down facts of the case clearly, bring witnesses to meet the lawyer, and keep handy all documents necessary for the case.
7. Save money by not wasting the lawyer’s time on phone calls. Remember he will bill you even if you are just having a friendly chat or are weeping on his shoulder. Prepare to be short and precise when you speak to him. As far as possible put things down on paper and send it to his office. E-mails work better than phone calls.
8. You know your case better than anyone else so make detailed notes and prepare a file for the lawyer with details such as names, addresses, what happen when and so on. This way you will not waster time meeting with the lawyer unless unavoidable.
9. Request for regular billing and keep track of the time, costs and so on. If you study the bills carefully and recognize
Always put things down in writing, especially the fee agreement. The agreement should include the rate, services covered, and what expenses are not covered by the agreed on fees and are to be paid at actual. In fact by law any legal fees over USD 1000 must be agreed upon in writing.
http://www.articlenetworks.com/Article/10-Ways-to-Keep-Legal-Fees-Affordable/158
10 Critical Tips on How to Hire an Attorney
Hiring a lawyer is step one when you need legal advice or help. Step two is the most crucial as you need to have a clear idea what the lawyer is going to cost. Most lawyers charge by the hour and rates may vary from USD 60-USD 300 per hour. It depends on the lawyer, the extent of your case, and where the case is to be fought.
In cases of personal injury or worker’s compensation often lawyers agree to a contingent fee agreement. In this case they do not charge by the hour but take one-third of the compensation awarded. However you will still need to bear costs like court filing fees and costs of deposing witnesses and so on.
While most lawyers do not negotiate on fees you could think about:
1. Discussing your case and personal finances openly with the lawyer. Ask whether he will consider a consolidated fee instead of an hourly rate.
2. Explain how your case will benefit him and his firm. Sometimes even big firms and lawyers take on cases for less than their standard rates if it will benefit them in some way.
3. Think about using a lawyer attached to a smaller firm than a large one. New firms and smaller firms may quote a rate lower than an established lawyer.
4. Ask whether they offer better terms if you undertake to do a considerable amount of foot work for the case.
5. If you need legal representation for your business or family on a sustained basis many firms do offer a better rate based on the volume of work you will bring them.
6. Indicate that you will not waste too many hours of the lawyer by ensuring that you jot down facts of the case clearly, bring witnesses to meet the lawyer, and keep handy all documents necessary for the case.
7. Save money by not wasting the lawyer’s time on phone calls. Remember he will bill you even if you are just having a friendly chat or are weeping on his shoulder. Prepare to be short and precise when you speak to him. As far as possible put things down on paper and send it to his office. E-mails work better than phone calls.
8. You know your case better than anyone else so make detailed notes and prepare a file for the lawyer with details such as names, addresses, what happen when and so on. This way you will not waster time meeting with the lawyer unless unavoidable.
9. Request for regular billing and keep track of the time, costs and so on. If you study the bills carefully and recognize
Always put things down in writing, especially the fee agreement. The agreement should include the rate, services covered, and what expenses are not covered by the agreed on fees and are to be paid at actual. In fact by law any legal fees over USD 1000 must be agreed upon in writing.
http://www.articlenetworks.com/Article/10-Critical-Tips-on-How-to-Hire-an-Attorney/133
In cases of personal injury or worker’s compensation often lawyers agree to a contingent fee agreement. In this case they do not charge by the hour but take one-third of the compensation awarded. However you will still need to bear costs like court filing fees and costs of deposing witnesses and so on.
While most lawyers do not negotiate on fees you could think about:
1. Discussing your case and personal finances openly with the lawyer. Ask whether he will consider a consolidated fee instead of an hourly rate.
2. Explain how your case will benefit him and his firm. Sometimes even big firms and lawyers take on cases for less than their standard rates if it will benefit them in some way.
3. Think about using a lawyer attached to a smaller firm than a large one. New firms and smaller firms may quote a rate lower than an established lawyer.
4. Ask whether they offer better terms if you undertake to do a considerable amount of foot work for the case.
5. If you need legal representation for your business or family on a sustained basis many firms do offer a better rate based on the volume of work you will bring them.
6. Indicate that you will not waste too many hours of the lawyer by ensuring that you jot down facts of the case clearly, bring witnesses to meet the lawyer, and keep handy all documents necessary for the case.
7. Save money by not wasting the lawyer’s time on phone calls. Remember he will bill you even if you are just having a friendly chat or are weeping on his shoulder. Prepare to be short and precise when you speak to him. As far as possible put things down on paper and send it to his office. E-mails work better than phone calls.
8. You know your case better than anyone else so make detailed notes and prepare a file for the lawyer with details such as names, addresses, what happen when and so on. This way you will not waster time meeting with the lawyer unless unavoidable.
9. Request for regular billing and keep track of the time, costs and so on. If you study the bills carefully and recognize
Always put things down in writing, especially the fee agreement. The agreement should include the rate, services covered, and what expenses are not covered by the agreed on fees and are to be paid at actual. In fact by law any legal fees over USD 1000 must be agreed upon in writing.
http://www.articlenetworks.com/Article/10-Critical-Tips-on-How-to-Hire-an-Attorney/133
Wednesday, July 11, 2007
Sarbanes Oxley Training
The Sarbanes Oxley Act is incredibly complex and affects several different parts of your corporation in different ways. In order to comply properly with it, you will probably need specific targeted training for what your CEO and CFO need to know about the Sarbanes Oxley training; what your IT department will need to do; what your Board of Directors should be reviewing; and how to oversee Sarbanes Oxley training in its entirety in your business.
That's a lot of Sarbanes Oxley training. Small and large corporations both should be concerned about getting training targeted to addressing Sarbanes Oxley. With smaller companies, generalized Sarbanes Oxley training for everyone along with perhaps a specialized class or two for the IT department on SOX 404, and a class for the accounting department on how auditing and accounting procedures are affected. For larger corporations, more specialized classes may be necessary.
Suggested classes for Sarbanes Oxley training
All affected personnel in the executive, accounting, and IT departments, as well as key middle management, should get overview training on the Sarbanes Oxley Act. You might consider having this sort of class before starting specialized Sarbanes Oxley training, and following up at the end of all classes with a debriefing meeting for the same personnel, so that special concerns can be brought up and addressed at the same time for everyone.
A course on understanding section 302 of the Sarbanes Oxley Act is a must for executive management. A good course on this section will teach you the following:
What you're really certifying.
What disclosure controls and procedures are, and how they differ from internal controls.
What steps you should take immediately to implement Sarbanes Oxley.
What you should do long-term for Sarbanes Oxley.
What you should do prior to signing off on financial reports.
Your IT department will need some serious training on SOX 404, the part about your internal controls over financial reporting. IT departments have proven to be critical to providing these controls, and they will need to understand what controls they should provide, what they need to change about their current IT practices, and what new software they may need to implement.
Your accounting department will probably need Sarbanes Oxley training in a variety of different areas, including SOX 404 and intensive instruction on what kind of auditing procedures they need to implement. In addition, you should consider having a full review of your accounting and auditing practices by a professional trained in Sarbanes Oxley requirements who can examine your entire financial management procedures and determine what Sarbanes Oxley training your company will need in order to comply with these new laws.
After Sarbanes Oxley Training
As you have gathered by now, the Sarbanes Oxley Act is a very complex piece of legislation that will have a real impact on the way you do business for many years yet to come. After your initial implementation of [Sarbanes Oxley training], you should have someone in your organization taxed with keeping up with new developments, and at least consider followup training every year. The full effects of the Sarbanes Oxley Act are impossible to predict, but if you get the best Sarbanes Oxley training available right now, it should have a minimal impact on your business.
http://www.articlepros.com/legal/Business-Law/article-17855.html
That's a lot of Sarbanes Oxley training. Small and large corporations both should be concerned about getting training targeted to addressing Sarbanes Oxley. With smaller companies, generalized Sarbanes Oxley training for everyone along with perhaps a specialized class or two for the IT department on SOX 404, and a class for the accounting department on how auditing and accounting procedures are affected. For larger corporations, more specialized classes may be necessary.
Suggested classes for Sarbanes Oxley training
All affected personnel in the executive, accounting, and IT departments, as well as key middle management, should get overview training on the Sarbanes Oxley Act. You might consider having this sort of class before starting specialized Sarbanes Oxley training, and following up at the end of all classes with a debriefing meeting for the same personnel, so that special concerns can be brought up and addressed at the same time for everyone.
A course on understanding section 302 of the Sarbanes Oxley Act is a must for executive management. A good course on this section will teach you the following:
What you're really certifying.
What disclosure controls and procedures are, and how they differ from internal controls.
What steps you should take immediately to implement Sarbanes Oxley.
What you should do long-term for Sarbanes Oxley.
What you should do prior to signing off on financial reports.
Your IT department will need some serious training on SOX 404, the part about your internal controls over financial reporting. IT departments have proven to be critical to providing these controls, and they will need to understand what controls they should provide, what they need to change about their current IT practices, and what new software they may need to implement.
Your accounting department will probably need Sarbanes Oxley training in a variety of different areas, including SOX 404 and intensive instruction on what kind of auditing procedures they need to implement. In addition, you should consider having a full review of your accounting and auditing practices by a professional trained in Sarbanes Oxley requirements who can examine your entire financial management procedures and determine what Sarbanes Oxley training your company will need in order to comply with these new laws.
After Sarbanes Oxley Training
As you have gathered by now, the Sarbanes Oxley Act is a very complex piece of legislation that will have a real impact on the way you do business for many years yet to come. After your initial implementation of [Sarbanes Oxley training], you should have someone in your organization taxed with keeping up with new developments, and at least consider followup training every year. The full effects of the Sarbanes Oxley Act are impossible to predict, but if you get the best Sarbanes Oxley training available right now, it should have a minimal impact on your business.
http://www.articlepros.com/legal/Business-Law/article-17855.html
When do you need an attorney?
Bad things can happen to anyone at anytime. There are some mistakes that people make that do have consequences that come with them. Sometimes these mistakes can lead to court appearances and heavy fines added in. When this is a problem for anyone, it may be a good idea to talk to an attorney and find out your rights. It is always better to have someone else on your side when you get into trouble.
There are many ways that you can find a good attorney. You can simply look in the yellow pages or online for a listing of the local attorneys in your area. You can call around until you find one that is willing to help you with your situation. Another way to find a good firm is to get referrals. You can ask around for some good advice from people that have used one before. This is usually a good way to get help with this kind of need.
There are lots of reasons why someone may need to hire an attorney. It can be anything from a simple traffic violation to more serious things like assault or theft. Whatever the reasons may be, you should find an attorney that only handles certain kinds of law. For some attorneys they will specialize in a specific part. This is always going to be the best way to go when you are trying to get the best possible representation.
Many times people may find that they need to have a family matter or real estate matter taken care of through the court system. When this happens, it is going to be required that you get an attorney to help you settle the matter. If you are trying to get something resolved by the law, you need to have the proper representation so that you can do your best at winning.
Anytime you purchase or sell a home, you will find it necessary to have an attorney handle some of the paperwork. It is just the normal formality things that they have to settle. It is a lot easier on you when you find someone that knows this kind of work best. You will have a better time at getting everything handled in a timely manner.
Most attorneys do require a retainer paid up front before they perform any services. This is going to be a fee that is usually a few hundred dollars. This will cover some of the up front costs so that they can get started on fighting your case. This is a formality so you should make sure that you could afford the attorney before you decide to choose them.
Getting an attorney is going to be the best way to handle any legal problem that you may have. You should never go at anything alone and having someone on your side is the best way to make sure that you are taken care of.
http://www.articlepros.com/legal/Business-Law/article-21217.html
There are many ways that you can find a good attorney. You can simply look in the yellow pages or online for a listing of the local attorneys in your area. You can call around until you find one that is willing to help you with your situation. Another way to find a good firm is to get referrals. You can ask around for some good advice from people that have used one before. This is usually a good way to get help with this kind of need.
There are lots of reasons why someone may need to hire an attorney. It can be anything from a simple traffic violation to more serious things like assault or theft. Whatever the reasons may be, you should find an attorney that only handles certain kinds of law. For some attorneys they will specialize in a specific part. This is always going to be the best way to go when you are trying to get the best possible representation.
Many times people may find that they need to have a family matter or real estate matter taken care of through the court system. When this happens, it is going to be required that you get an attorney to help you settle the matter. If you are trying to get something resolved by the law, you need to have the proper representation so that you can do your best at winning.
Anytime you purchase or sell a home, you will find it necessary to have an attorney handle some of the paperwork. It is just the normal formality things that they have to settle. It is a lot easier on you when you find someone that knows this kind of work best. You will have a better time at getting everything handled in a timely manner.
Most attorneys do require a retainer paid up front before they perform any services. This is going to be a fee that is usually a few hundred dollars. This will cover some of the up front costs so that they can get started on fighting your case. This is a formality so you should make sure that you could afford the attorney before you decide to choose them.
Getting an attorney is going to be the best way to handle any legal problem that you may have. You should never go at anything alone and having someone on your side is the best way to make sure that you are taken care of.
http://www.articlepros.com/legal/Business-Law/article-21217.html
Connecticut Employment Lawyers And Why You Need One.
Having a Connecticut Employment Lawyer is very important. Whether you have problems with your employer, or just need information on how to proceed, an employment lawyer can be a valuable resource for you. These professionals can help you come to the best and the most reliable decision if you happen to be facing problems with an employer. The employment lawyer that you choose will be the one in charge and responsible for giving you assistance and aid when you encounter conflicts or have questions as is your right as an employee.
At first, it may be terribly stressful to find dependable sources for references, but in time, you will find people who can help you as you go about your search for a qualified Connecticut Employment Lawyer. Primarily, you must consider all the factors that may be of importance for your unique situation, and use that list as the basis for your search. In addition, there are some attorneys that only do limited types of legal work. This should also be something you think about when making your choice. If you like this professional, you will probably want to use him or her in the future for other things ? an attorney with a broad practice and lots of resources will be better able to serve you, today and in the years to come.
Remember too that you should never employ an attorney who keeps on asking questions, and isn?t paying attention to what you want or expect. With this kind of lawyer, you can end up with costly misunderstandings, and have conflicts that will not help you win your case. So when it comes to finding the right Connecticut Employment Lawyer, it is sensible that you ask over other people for references and help. But make sure that your sources are reliable ones. Moreover, you can search on the internet and gather sufficient information.
You should choose two or three of you top prospects and have a face-to-face meeting with each of them. Through this, you will be able to tell if you are hiring the right person, and understand what he or she can do for you. Once you?ve found the Connecticut Employment Lawyer for you, you can settle in and work with that person to solve your problem.
http://www.articlepros.com/legal/Business-Law/article-21239.html
At first, it may be terribly stressful to find dependable sources for references, but in time, you will find people who can help you as you go about your search for a qualified Connecticut Employment Lawyer. Primarily, you must consider all the factors that may be of importance for your unique situation, and use that list as the basis for your search. In addition, there are some attorneys that only do limited types of legal work. This should also be something you think about when making your choice. If you like this professional, you will probably want to use him or her in the future for other things ? an attorney with a broad practice and lots of resources will be better able to serve you, today and in the years to come.
Remember too that you should never employ an attorney who keeps on asking questions, and isn?t paying attention to what you want or expect. With this kind of lawyer, you can end up with costly misunderstandings, and have conflicts that will not help you win your case. So when it comes to finding the right Connecticut Employment Lawyer, it is sensible that you ask over other people for references and help. But make sure that your sources are reliable ones. Moreover, you can search on the internet and gather sufficient information.
You should choose two or three of you top prospects and have a face-to-face meeting with each of them. Through this, you will be able to tell if you are hiring the right person, and understand what he or she can do for you. Once you?ve found the Connecticut Employment Lawyer for you, you can settle in and work with that person to solve your problem.
http://www.articlepros.com/legal/Business-Law/article-21239.html
Troubling Changes To Patent Rules
On January 3, 2006 the United States Patent and Trademark Office (Patent Office) proposed changes to the current patent filing procedures that will dramatically change the process inventors and small businesses use to seek patent protection. The proposed changes also limit inventors? ability to protect their inventions. The public may submit their feedback on these changes by May 3, 2006.
CHANGE NO. 1: The first change alters the current ?continuation practice? by limiting the number of correspondences that inventors may have with the Patent Office. Additional correspondence may be made with the Patent Office but only under limited conditions.
CHANGE NO. 2: The second change alters the current ?claiming practice? by limiting the number of claims that may be presented on an invention, specifically, ten claims per application. The proposed change severely restricts the conditions under which additional claims may be presented.
Interestingly, the stated purposes of the changes are to reduce the back log of un-examined patent applications and increase the quality of the patent application review. Unfortunately, these changes also bring out two important negative implications:
? INCREASE COST TO OBTAIN PATENT
? NARROW PATENT PROTECTION
Under the proposed changes, an inventors may only present ten independent claims even if the technology to be patented requires more. The Patent Office states that more claims may be presented if the inventor provides an opinion as to the reason that the invention is patentable over a prior art search but such opinion may be expensive. Hence, the inventor may have to accept narrow claim coverage that may not sufficiently protect their invention. instead of continuing to pursue broad patent protection. Also, inventors must seek patent protection on multiple aspects of their invention simultaneously which may be cost prohibitive. Moreover, in cases where the Patent Office has incorrectly rejected an application, the inventor may only proceed with a costly appeal process instead of attempting to highlight different ingenious aspects of the invention.
IMPACT ON BACK LOG AND QUALITY: The changes do not appear to achieve the Patent Office?s desired objective of reducing its back log of applications and improving quality. Inventors, when faced with an examiner who does not understand the uniqueness of the invention, would immediately appeal or petition such refusal rather than use up their limited number of correspondences with the examiner. As such, in one aspect, the changes merely shift the load of the work from patent examiners to the appeal board and petition process. Moreover, patent attorneys would file additional applications on the same invention describing the invention in different ways to circumvent the changes increasing the number of applications. As such, in another aspect, it may increase the number of patent applications.
PUNISH EVERYONE BECAUSE OF A FEW: According to the Patent Office, only 1.2% of applicants engage in excessive claiming. The Patent Office has identified a claiming practice used by a few applicants and proposes changes that affect all applicants. Oddly, the Patent Office appears to be punishing all inventors due to the excessive claiming practice of a few.
PUBLIC REACTION: Feedback submitted by individuals, patent practitioners, businesses and trade associations range from full acceptance to full rejection. For example, one comment stated that the Patent Office is not taking into consideration ?real-world effects on practitioners and applications.? Another comment from an intellectual property association supports the Patent Office?s efforts in increasing examination efficiency and patent quality but disagrees that the proposed changes would achieve the desired results.
SUBMITING YOUR COMMENTS: For information on submitting a comment, go to www.uspto.gov or www.ContactJamesYang.blogspot.com.
This information is provided for informational purposes only and not considered legal advice. Legal advice requires review and analysis of your specific factual situation.
http://www.articlepros.com/legal/Business-Law/article-21277.html
CHANGE NO. 1: The first change alters the current ?continuation practice? by limiting the number of correspondences that inventors may have with the Patent Office. Additional correspondence may be made with the Patent Office but only under limited conditions.
CHANGE NO. 2: The second change alters the current ?claiming practice? by limiting the number of claims that may be presented on an invention, specifically, ten claims per application. The proposed change severely restricts the conditions under which additional claims may be presented.
Interestingly, the stated purposes of the changes are to reduce the back log of un-examined patent applications and increase the quality of the patent application review. Unfortunately, these changes also bring out two important negative implications:
? INCREASE COST TO OBTAIN PATENT
? NARROW PATENT PROTECTION
Under the proposed changes, an inventors may only present ten independent claims even if the technology to be patented requires more. The Patent Office states that more claims may be presented if the inventor provides an opinion as to the reason that the invention is patentable over a prior art search but such opinion may be expensive. Hence, the inventor may have to accept narrow claim coverage that may not sufficiently protect their invention. instead of continuing to pursue broad patent protection. Also, inventors must seek patent protection on multiple aspects of their invention simultaneously which may be cost prohibitive. Moreover, in cases where the Patent Office has incorrectly rejected an application, the inventor may only proceed with a costly appeal process instead of attempting to highlight different ingenious aspects of the invention.
IMPACT ON BACK LOG AND QUALITY: The changes do not appear to achieve the Patent Office?s desired objective of reducing its back log of applications and improving quality. Inventors, when faced with an examiner who does not understand the uniqueness of the invention, would immediately appeal or petition such refusal rather than use up their limited number of correspondences with the examiner. As such, in one aspect, the changes merely shift the load of the work from patent examiners to the appeal board and petition process. Moreover, patent attorneys would file additional applications on the same invention describing the invention in different ways to circumvent the changes increasing the number of applications. As such, in another aspect, it may increase the number of patent applications.
PUNISH EVERYONE BECAUSE OF A FEW: According to the Patent Office, only 1.2% of applicants engage in excessive claiming. The Patent Office has identified a claiming practice used by a few applicants and proposes changes that affect all applicants. Oddly, the Patent Office appears to be punishing all inventors due to the excessive claiming practice of a few.
PUBLIC REACTION: Feedback submitted by individuals, patent practitioners, businesses and trade associations range from full acceptance to full rejection. For example, one comment stated that the Patent Office is not taking into consideration ?real-world effects on practitioners and applications.? Another comment from an intellectual property association supports the Patent Office?s efforts in increasing examination efficiency and patent quality but disagrees that the proposed changes would achieve the desired results.
SUBMITING YOUR COMMENTS: For information on submitting a comment, go to www.uspto.gov or www.ContactJamesYang.blogspot.com.
This information is provided for informational purposes only and not considered legal advice. Legal advice requires review and analysis of your specific factual situation.
http://www.articlepros.com/legal/Business-Law/article-21277.html
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