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  • Will You Add? - Basics Of US Patent Law

    Marketing Professional Services In The Age Of Nudity
    Suddenly, it’s as if every doctor, lawyer, accountant, consultant and professional services provider, is naked.This is the feeling you get being in one of these vocations, in the age of transparency, the age of the Internet. Your secrets, if you had any, are laid bare to the world through the web, and when anybody wants to ogle you, they Google you, first.(Is is coincidental that Google spells Go Ogle?)The amount of information available about nearly anyone and any company is staggering.Oddly, this wealth of data doesn’t make us stand out as unique.It commoditizes us. We all seem strikingly similar, offering to deliver, fundamentally, the same satisfactions.Before this naked era, we could choose to disclose information, and our prospects faced a fairly daunting challeng
    rts, etc. could also be considered for making an obviousness determination.

    Specification - An inventor must file a patent application containing a specification (35 USC Sec. 112). The specification should contain written description of the invention and of the manner and process of making and using it, in such full, clear, concise and exact terms, so as to enable a person with ordinary skill in the art to make and use the invention. The specification should also describe the best mode of carrying out the invention. The written description may contain drawings where and when required to clearly describe the invention. The specification should conclude with one or more claims particularly pointing out and definitely claiming the subject matter of the

    Bankruptcy - The Easy Option?
    Incredibly, since the changes in the bankruptcy law in April 2004, debtors are more likely to petition for their own bankruptcy rather than their creditors! You would think that most people who have been threatened with the prospect of being made Bankrupt would be riddled with fear of the possibility. It is more widely referred to as the “Big B” rather than the dreaded word itself. However, is this a thing of the past? Since the changes in The Enterprise Act 2002 took place in April 2004 it would appear a lot more people are inclined to petition for their own bankruptcy as a solution to their debt problems.It appears that more people are choosing to go for Bankruptcy as they think that within one year of a Bankruptcy order being made, they could be debt free. Unfortunately, things might not be as s
    United States has the most expansive patent subject matter in the world. US Patent Office has granted patents to living organism, computer software, business methods, new alphabets and countless.

    Article 1 Section 1 Clause 8 of the US Constitution empowers the congress 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. In furtherance of the power granted by the constitution, the US Congress enacted the first patent act in the year 1790. Though the act was amended several times, the most important amendment came about in the year 1952, when congress passed a new patent act codified under Title 35 of the United States Code. Though a few changes were made in 1986, 1996 and 1999, most provisions of the 1952 Act are still in effect.

    The US Patent Law is based on the utilitarian reasoning, which is to promote the progress of science and useful arts in general public interest. An inventor gives an invention to the public and gets exclusive rights over it for a limited period of time. By granting exclusive rights to inventors for a limited period of time, the patent law provides incentive to invent, invest, design around and disclose which in turn encourages progress of science and technology.

    Requirements for Patentability

    To be eligible for a patent, an invention should satisfy the requirements of Patentable subject matter (Sec. 101),

    a) Usefulness (Sec. 101)
    b) Novelty (Sec. 102)
    c) Non-obviousness (Sec. 103)
    d) Specification (Sec. 112).

    Usefulness - An invention would be eligible for a patent grant only if it is useful (35 USC Sec. 101). The utility of the invention should be current, substantial and credible. Speculative or future uses are not eligible for the patent. But with regard to genetic inventions, showing of future use is generally allowed. Inventions, which have immoral uses, are not accepted to be useful.

    Novelty - Novelty means new. An invention in order to be patentable should be new in the light of that exists at the time of conception of the invention. Section 102 gives a non-exhaustive list of circumstance that denies an invention of its newness.

    Non-obviousness - An invention to be patentable should not be obvious or known at the time of invention. An invention is obvious, if a single prior art reference or a combination of prior art references as a whole, make the invention obvious to a person with ordinary skill in the art to which the invention belongs. The invention should be obvious at the time of conception of the invention and not at the time of contention of obviousness.

    As per the Section 103 - Obviousness of an invention will be decided by determining the scope of the prior art, by finding out the differences between the prior art and the claimed invention and by ascertaining the level of ordinary skill in the art. Secondary Indicia like commercial success, unexpected results, copying, praise of experts, etc. could also be considered for making an obviousness determination.

    Specification - An inventor must file a patent application containing a specification (35 USC Sec. 112). The specification should contain written description of the invention and of the manner and process of making and using it, in such full, clear, concise and exact terms, so as to enable a person with ordinary skill in the art to make and use the invention. The specification should also describe the best mode of carrying out the invention. The written description may contain drawings where and when required to clearly describe the invention. The specification should conclude with one or more claims particularly pointing out and definitely claiming the subject matter of the

    Here's an Easy Way to Build Your Opt-in List
    Driving prospective clients to your site should be as important as the quality and excellence of the product and/or service you offer. Yes, it's that essential!In fact these two features of your business go hand-in-hand. Let's be realistic about it. Without one the other is pointless.Customer service is tremendously important and should form part of your total business model to make certain your customers are presented with a very rewarding experience.One of the ways you can combine marketing and customer service is via the use of opt-in marketing.Opt-in marketing is a low cost, one time useful strategy for building your income. In essence you get the permission of your visitors to agree to you sending them additional information about your selected niche area so that you can develop
    few changes were made in 1986, 1996 and 1999, most provisions of the 1952 Act are still in effect.

    The US Patent Law is based on the utilitarian reasoning, which is to promote the progress of science and useful arts in general public interest. An inventor gives an invention to the public and gets exclusive rights over it for a limited period of time. By granting exclusive rights to inventors for a limited period of time, the patent law provides incentive to invent, invest, design around and disclose which in turn encourages progress of science and technology.

    Requirements for Patentability

    To be eligible for a patent, an invention should satisfy the requirements of Patentable subject matter (Sec. 101),

    a) Usefulness (Sec. 101)
    b) Novelty (Sec. 102)
    c) Non-obviousness (Sec. 103)
    d) Specification (Sec. 112).

    Usefulness - An invention would be eligible for a patent grant only if it is useful (35 USC Sec. 101). The utility of the invention should be current, substantial and credible. Speculative or future uses are not eligible for the patent. But with regard to genetic inventions, showing of future use is generally allowed. Inventions, which have immoral uses, are not accepted to be useful.

    Novelty - Novelty means new. An invention in order to be patentable should be new in the light of that exists at the time of conception of the invention. Section 102 gives a non-exhaustive list of circumstance that denies an invention of its newness.

    Non-obviousness - An invention to be patentable should not be obvious or known at the time of invention. An invention is obvious, if a single prior art reference or a combination of prior art references as a whole, make the invention obvious to a person with ordinary skill in the art to which the invention belongs. The invention should be obvious at the time of conception of the invention and not at the time of contention of obviousness.

    As per the Section 103 - Obviousness of an invention will be decided by determining the scope of the prior art, by finding out the differences between the prior art and the claimed invention and by ascertaining the level of ordinary skill in the art. Secondary Indicia like commercial success, unexpected results, copying, praise of experts, etc. could also be considered for making an obviousness determination.

    Specification - An inventor must file a patent application containing a specification (35 USC Sec. 112). The specification should contain written description of the invention and of the manner and process of making and using it, in such full, clear, concise and exact terms, so as to enable a person with ordinary skill in the art to make and use the invention. The specification should also describe the best mode of carrying out the invention. The written description may contain drawings where and when required to clearly describe the invention. The specification should conclude with one or more claims particularly pointing out and definitely claiming the subject matter of the

    What are My Chances to Get the First Place in Search Engine Listings?
    You must have heard the stories how people became rich and famous with their websites. How could they achieve this? Their websites took a first position in search engine listings targeting popular keywords. Sounds easy, right? Wrong! To be honest, chances for a regular small business website to get to the top of the search engine listings are close to zero and each day they become smaller and smaller as a number of new and old websites grows.Let's examine the situation from the beginning. Search engines just need your content to deliver it to searchers. If a searcher is happy with the search result from the particular search engine, he will come back and use this search engine again. Do not think that search engines serve to send customers to your website. They DO NOT CARE about your website or your busi
    b) Novelty (Sec. 102)
    c) Non-obviousness (Sec. 103)
    d) Specification (Sec. 112).

    Usefulness - An invention would be eligible for a patent grant only if it is useful (35 USC Sec. 101). The utility of the invention should be current, substantial and credible. Speculative or future uses are not eligible for the patent. But with regard to genetic inventions, showing of future use is generally allowed. Inventions, which have immoral uses, are not accepted to be useful.

    Novelty - Novelty means new. An invention in order to be patentable should be new in the light of that exists at the time of conception of the invention. Section 102 gives a non-exhaustive list of circumstance that denies an invention of its newness.

    Non-obviousness - An invention to be patentable should not be obvious or known at the time of invention. An invention is obvious, if a single prior art reference or a combination of prior art references as a whole, make the invention obvious to a person with ordinary skill in the art to which the invention belongs. The invention should be obvious at the time of conception of the invention and not at the time of contention of obviousness.

    As per the Section 103 - Obviousness of an invention will be decided by determining the scope of the prior art, by finding out the differences between the prior art and the claimed invention and by ascertaining the level of ordinary skill in the art. Secondary Indicia like commercial success, unexpected results, copying, praise of experts, etc. could also be considered for making an obviousness determination.

    Specification - An inventor must file a patent application containing a specification (35 USC Sec. 112). The specification should contain written description of the invention and of the manner and process of making and using it, in such full, clear, concise and exact terms, so as to enable a person with ordinary skill in the art to make and use the invention. The specification should also describe the best mode of carrying out the invention. The written description may contain drawings where and when required to clearly describe the invention. The specification should conclude with one or more claims particularly pointing out and definitely claiming the subject matter of the

    Love Is Blind: Product Planning With Your Eyes Open
    You're sitting at your desk, and suddenly it hits you; a breathtakingly beautiful idea for a new product, that "one and only" offering to catapult your company into instant success. You know it will work. You know everyone will want to buy it. Even your family loves the idea. You invest a good deal of time and a substantial amount of money developing and introducing this product you love, but a year passes and not one unit sells.What at first seemed like an exciting, profitable new concept has become an extremely expensive, disappointing undertaking for your company. How could this have happened?Quite simply, you were blinded by love and you fell for the wrong product. More than a mere business decision the product became a powerful new passion for you or your company's product development team. T
    An invention to be patentable should not be obvious or known at the time of invention. An invention is obvious, if a single prior art reference or a combination of prior art references as a whole, make the invention obvious to a person with ordinary skill in the art to which the invention belongs. The invention should be obvious at the time of conception of the invention and not at the time of contention of obviousness.

    As per the Section 103 - Obviousness of an invention will be decided by determining the scope of the prior art, by finding out the differences between the prior art and the claimed invention and by ascertaining the level of ordinary skill in the art. Secondary Indicia like commercial success, unexpected results, copying, praise of experts, etc. could also be considered for making an obviousness determination.

    Specification - An inventor must file a patent application containing a specification (35 USC Sec. 112). The specification should contain written description of the invention and of the manner and process of making and using it, in such full, clear, concise and exact terms, so as to enable a person with ordinary skill in the art to make and use the invention. The specification should also describe the best mode of carrying out the invention. The written description may contain drawings where and when required to clearly describe the invention. The specification should conclude with one or more claims particularly pointing out and definitely claiming the subject matter of the

    Taking Out a Loan to Achieve Consumer Debt Consolidation
    There are several options when it comes to managing personal debt when an individual realizes that he or she is overextended in terms of credit. One such option is taking out a debt consolidation loan. This is one of several types of debt loans that allows a debtor to put all outstanding bills stemming from unsecured loans into a single amount with a lower interest rate than could be expected from the individual creditors.There are several benefits in using this type of loan for credit consolidation. First of all, it is much easier to keep track of payments both when they must take place and who they must be paid to if they are all under the same financial umbrella. The debtor stands to save a lot of money in the long run as well, since the interest that is applicable on the individual loans is greatly r
    rts, etc. could also be considered for making an obviousness determination.

    Specification - An inventor must file a patent application containing a specification (35 USC Sec. 112). The specification should contain written description of the invention and of the manner and process of making and using it, in such full, clear, concise and exact terms, so as to enable a person with ordinary skill in the art to make and use the invention. The specification should also describe the best mode of carrying out the invention. The written description may contain drawings where and when required to clearly describe the invention. The specification should conclude with one or more claims particularly pointing out and definitely claiming the subject matter of the invention. The claims define the metes and bounds of the invention claimed by the inventor. The inventor gets rights only over what is defined in the claims.

    The basic requirement for patentability is that the invention should fall within the scope of patentable subject matter as defined under Section 101. (35 USC Sec. 101). As per section 101, any new and useful invention or discovery, which is a process, machine, manufacture or composition of matter is patentable. It also includes any new and useful improvements made to an existing invention. An invention generally falls under more than one category.

    The courts have construed the terms process, machine, manufacture and compositions of matter very broadly. In Diamond v. Chakrabarty, the United States Supreme Court while upholding the patentability of an oil-eating bacterium stated that everything under the sun made by man is patentable.

    Not eligible for Patentability

    The statute does not expressly bar any subject matter from patentability, the Courts have held physical phenomenon, abstract ideas and products of nature to be outside the scope of patentability.

    An invention is not considered new or novel if the same were on sale for more than a year before the filing date of patent application. Selling the invention for testing deprived it of the novelty. Even making an offer to sell or making a contract of sale for the future is fatal to novelty of the invention and it shall not patented.

    An invention is not new if it is known or used by anyone in the United States or printed or published in a foreign country. The use should be publicly accessible use and not secret use.

    An invention can not be patented, if the inventor had abandoned the invention to the public. Taking an invention, which has been dedicated to the public out of the public domain, is against the basic objective of patent law.

    An invention is not patentable if it has been patented in a foreign country twelve months before the filing date of the present patent application.

    Priority date

    As per the Section 102 – For ascertaining the priority, the date of conception would be taken into consideration. The inventor who conceived first and was diligent in reducing the invention to practice would be considered as the first inventor. An invention is not patentable if another person before the applicant has invented it. That first inventor should not have abandoned, suppressed or concealed his invention.

    Trustman & Co – A Law Firm at Delhi India for patent, trademark, pct application, real estate, debt collection, legal outsourcing, corporate law firm, legal outsourcing LPO

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