Intellectual Property Expert

The terms patent and intellectual property (IP) are often used interchangeably. In some respects, these terms are indeed interchangeable. All patents are the intellectual property of the inventor or inventors. Yet there are distinct differences in each category.

Patents can be bought and sold, as can IP. Patents can be licensed, as can other forms of IP. Both IP and inventions may belong to the creator's employer if it was created as part of their employment. Patents and intellectual property rights in one nation may automatically carry that protection to other nations, based on treaties they have signed. Theft of intellectual property, including patented inventions, can be fought by suing those who replicated the content or creation without permission.

However, IP includes written works, musical scores, artwork, software code and other creations of thought that are not patentable. IP belongs to the creator from the moment it is created; no additional forms or fees are required to own the rights to what you have written or created. Patents only apply to physical inventions, repeatable business models, manufacturing processes, seeds and genetics. All discoveries are the IP of the discoverer unless they publish the information and state that it is now part of the public domain. Patents remain the property of the owner after the patent is granted and papers about it are written; however, writing papers about the invention before the patent is granted can endanger the patent.

Property Protection Trademarks are unique symbols that identify a company or person. These symbols can be registered within the company or person's nation. Copyrights are simply a statement of ownership of content, such as a song, slogan, short story or blog post. In the United States, it is no longer necessary to put a copyright mark on material to enforce the copyright at a later point, but this does help distinguish public domain work from that which is privately owned.

Patented products can be copyrighted or trademarked. Unpatented inventions can also be copyrighted and trademarked, but this makes it more difficult to pursue those who copy the design as their own. Websites cannot be patented, but they can be trademarked or copyrighted as intellectual property. Trademarks and copyrights are subject to less restricted approval processes, but do afford legal protection of IP. Software models can be patented if they are sufficiently novel and unique, but the code used to create it is always the intellectual property of the software engineer or software company that developed it.

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Are Click Wrap Agreements Enforceable and What in the World Are They?

If you have ever purchased something online and actually gone through and read the numerous pages that are in the terms and conditions, then more power to you. Most of us do not read these terms and conditions because they are nearly impossible to read and most of use cannot understand them. These are known as click wrap agreements and they are a pain.

They started as an agreement that involved tearing open the package for new software. These were used so to help protect the companies and not the consumers. When you click an accept button online you are actually agreeing to any terms and conditions that are on the page.

The most common use of these types of agreement is in software licenses and they are used to show users of the software that it is protected by copyright and other intellectual property laws. These agreements can be used to help specify the governing law and forum, to protect non copyrighted material, and for other limitations of use as well.

The question still remains whether or not these agreements can be enforced or not. This is still up in the air and very much depends on what part of the world you are in and what you have done to break these agreements. The biggest problem with these types of contracts is the way they are written and how easy it is to click right past them.

Remember when one of those windows pops up with smaller print that you are supposed to agree to that you should read the agreement to find out what it is all about. Since you most likely will not take the time to read the full agreement you need to know what to do if you agree to one of these contracts and break it without knowing.

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Intellectual Property Management Basics: Patents, Copyrights and Trademarks

Intellectual property (IP) management is important for any company who owns different types of IP. You'll need to properly manage your IP assets, to ensure that you make the most of them. Of course, to be able to do any sort of intellectual property management, you'll have to identify your IP in the first place. There are different types of intellectual property and patents, copyrights and trademarks are the more common forms of IP. Let's take a look at these types of IP and what exactly they are and what they cover.

Patent

Patents are granted to inventions, whether it is a device, process, or substance, which allows the owner to use that invention for their own purpose. For a patent to be granted, certain conditions must be met - it must be something new, it must be useful, it must a be something created from human activity, it must be innovative and it should not have been previously used before. Of course, there are things that cannot be patented - natural or human process cannot be patented, for example, and things which are just the extension of another invention (rather than something new) will not be given patents.

Copyrights

Creative, artistic or intellectual works are protected by copyrights. It protects these ideas from being used or reproduced without the owner's permission. Provided the idea is original, it is automatically protected by copyright law (and recognized in many countries around the world.) On average, the copyright of any given work is protected up to 70 years after the death of the creator. In general, these are the types of works protected by copyright: broadcasts, sound recordings, literary works, artistic works, dramatic works, musical works and cinematographic works. As the name implies, a copyright prevents other people from copying a given work without the permission of the owner.

Of course, there also exceptions to this copyright. In many instances, home or personal use is exempted. For example, if you bought a DVD and you want to copy it to your personal viewing device, you can't be sued for copyright infringement by the producers of the film. In many cases, "fair use" (reproducing only 10% or one chapter of a work) is considered exempted from copyrights.

Trademarks

As the name implies, a trademark is a symbol or mark used by a company to distinguish itself from other businesses. Such marks can often be the most valuable IP asset of any company, and such many companies use intellectual property management resources are often used to protect the trademark. Think, for example, of Apple' distinct white apple logo and how powerful it is. A company needs to apply and maintain their trademarks, and prevent other people from using it, or a similar trademark for their business activities.

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Easy Steps to Protect Your Website

There is nothing more frustrating than learning that the technical or product information that you wrote, or the photographs that you took for your website have been stolen and used on someone else's website. Sometimes the copying is so blatant that the other website looks just like yours! If a competitor steals your website content, it can do real damage to your business. Website copying is common because of the popular myth that if something is on the Internet; it is in the "public domain" and therefore can be used by anyone. Sometimes the copying is done by unscrupulous businesses or web developers who do not want to or are possibly incapable of creating their own original content.

With a few preventative steps, you can protect your website and your business.

First, make sure that you own any content on your website. The owner of the copyrights to content is the creator of the content unless there is a written agreement transferring the ownership. If someone else has written any materials, done any design work, or taken any photographs, get a written agreement transferring those items to you.

Next, if you are in a competitive industry where this type of copying is common, you should register your website's copyright with the United States Copyright Office. You also should keep the registration up to date. It is easy to add additional materials to online works and most websites are updated on a regular basis. When new content is added to the website after the copyright registration is filed, that new content is not automatically added to the copyright registration. Rather, a new registration must be filed which indicates that it covers the new materials.

If your work is very valuable, or if you have a particular concern about copyright infringement, you might inquire with your technology consultant about the availability and cost of software that prevents others from copying your website content. Another helpful technology is software that detects copying by searching the internet for content that is substantially similar to your content.

To help address pervasive copying of online works, the Digital Millennium Copyright Act ("DMCA") went into effect in 1988. The DMCA provides a process for removing unauthorized works from the internet. Specifically, the DMCA provides a safe harbor to internet service providers and website operators who did not directly infringe on a third party's copyrights, did not have actual knowledge that the material was infringing, did not receive financial benefit directly attributable to the infringing activity and respond expeditiously to a proper notice to remove the material. [i]

To understand the DMCA, it is helpful to understand who is involved in displaying a website on the internet. In order for a website to appear on the internet, several service providers are involved: (1) the website operator or owner (whoever actually controls the content on the website); (2) the internet service provider, also known as the "ISP" which provides the website operator with access to the internet; and (3) the domain name registrar, which provides the uniform resource locator ("URL") or domain name to the website operator. GoDaddy.com is a well-known domain name registration company.

When a website has stolen your content, you can have a DMCA notice sent to the internet service provider who acts as the host of your website. The ISP has the ability to control the website operator's access to the internet. The ISP is often confused with the domain name registrar. The domain name registrar has control of the web address, but not the content. The domain name registrar is not in a position to remove the website from the internet, even if the website is infringing your copyright. The ISP does have that control and will usually be responsive to a DMCA notice.

Typically, a properly prepared DMCA notice will result in prompt removal of the infringing material. Sometimes, dishonest website operators move the content to a new ISP rather than permit the ISP to block their access to the internet. In such cases, send a DMCA notice to the new ISP and repeat the process until the website operator gets tired of moving its website from host to host. A website may experience intermittent downtime if it is forced to move hosts.

In extreme situations, you may decide to send a DMCA notice to the ISP and also file a lawsuit against the website operator who intentionally copied your content. A copyright must be registered before a lawsuit can be filed.

Although protecting online works can require diligence on your part, the laws and technological tools do make it manageable. Familiarize yourself with the preventative measures available and, in the event of an infringement, to work closely with an attorney familiar with both intellectual property laws and internet laws.

By: Maria Crimi Speth

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Why You Need a Loan Modification Attorney When Your House Is On The Line

The economic meltdown may have affected your financial capacity. There are many other people who are in the same boat.. If you are on the verge of losing your hard earned property, consider getting help from a loan modification lawyer. This type of lawyer specializes in helping clients renegotiate the terms of their mortgage loans to a much more affordable payment term. However, not all lenders will be cooperative.

This is where a loan modification attorney can be of service. These experts know how to effectively communicate with a lending company so your monthly payment can be modified to an amount you can easily afford. In effect, these lawyers act as middle men by obtaining the best mortgage loan modification for their clients.

If a loan modification lawyer is successful, the bank or lending company may agree to any of the following:

1. reduced interest rates

2. waived interest amounts on the deferred amount

3. forebear arrears

4. deferred portion of the principal until the loan is finally paid off

Why a modification lawyer instead of other professionals?

Competence - a loan modification lawyer knows the ins and outs of the mitigation process. The years of experience they have come from the same area of expertise. They know how to deal with lending companies or banks from a legal perspective. To ensure a positive petition outcome, these law firms go over the finances of their clients in great detail and present their application in the most favorable manner possible.

Knowledge and expertise - In comparison to loan modification "professionals", loan-mod lawyers are bound by legal and ethical rules that must be obeyed. Lawyers also know the rights of a homeowner. They are aware of the pending laws and legislations that may help facilitate the modification of a loan structure. Moreover, bank personnel deal with attorneys better. This is the harsh reality of the deal. Any individual that has tried to go straight to the bank for a loan modification has probably ended up being given the run-around.

A bank's customer service personnel may order you to go visit different departments. They will ask you to fill out application forms and send you somewhere else until the process repeats. By employing professional services from a loan modification lawyer, the procedure is then streamlined. Lawyers know exactly what documents a bank needs to approve a loan-mod.

Once successful, a bank may put you on a trial period. On average, this trial period lasts for three months. If payments are made in a timely manner within this temporary time frame, the bank will agree to officially reduce or modify the loan arrangements.

Losing a property you've worked hard for can be s a disheartening experience. Getting professional help is important if you want to ensure your house is maintained as an investment for future generations. Either you work out a payment plan to retain your property or you completely lose it altogether to gross negligence. Lawyers may charge varying fees, but they are worth the price you pay. Cost-wise, hiring a loan modification lawyer may turn out to be the best move you could ever make.

Intellectual Property Lawyers and How to Tackle IP Litigation   Basics of Trademarks for Small Business   Managing the Unmanageable for Law Office/Firms Management   Intellectual Property Monetization Is More of a Moral Issue