Month: November 2018

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

Posted on by blogger

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.

What Is Family law

Posted on by blogger

This is an area of law that deals with family issues such as: marriage, divorce, abuse, property settlements, parental responsibility, child custody, child support, and paternity fraud amongst many others. The most common practices areas are divorce, child support, child custody, visitation, paternity and adoption. Family law attorneys can handle other issues such as pre-nuptial agreements, post-nuptial agreements, mediation, annulments, spousal support, abandonment, and orders of protection.

In the 1970’s family laws definition changed rapidly. The areas that came across the most change was divorce, child support and child custody. In 1987, no-fault divorces have been adopted and this made dealing with divorce much easier to handle. Child custody had originally been given to the mothers, but as the roles of fathers developed, laws changed to allow father custody and then eventually joint custody. Family law today is increasingly become about the needs, rights and welfare of children. The family law act 1975 outlines the objects and underlying principles to ensure that the children’s best interests are met. These objects are to protect children from physical or psychological harm, and from being subjected or exposed to neglect, abuse or family violence.

Skills and knowledge needed to be a family law lawyer:
*Litigator and negotiator skills
*Time management skills
*Counselling skills
*Accounting and financial knowledge
*People skills
*Communication skills
*Property law
*Criminal law
*Medical law
*Law relating to human rights
*Be familiar with social and biological sciences- human psychology and reproductive technology
*Remain optimistic
*Being reactive as well as proactive
*Attention to detail
*Commercial awareness
*Interpersonal skills
*Patience

The primary objective is to make sure that the client’s best interests are protected and to achieve a fair outcome as quickly as possible, but also making sure to be sensitive the people’s feelings involved. There’s more than just being a lawyer, you help the client through one of the most difficult and stressful times of their life.

Choosing your divorce lawyer:
They should have experience in handling divorce cases in your area. You want them to have relationships with other local attorneys. They should practise mainly family or divorce law. The best way to find out how experienced an attorney is to ask how many divorce cases they have taken on and won.

Law Of Attraction – Allow And Receive Your Desires

Posted on by blogger

Our thoughts create feelings, which in turn create vibrations that are either positive or negative. The Law of Attraction states that “like attracts like” and that what you focus your attention on will expand.

The first step to using the Law of Attraction is to get clear on what it is you do want. A powerful gift of divorce is it can give you a clear picture of what you DON’T want, which you can easily use to get clear on what you DO want. I am currently a single gal and it took me only about five minutes to create a list of over 60 qualities I don’t want in a future partner. I went over my list asking myself the question, “What do I want?” instead. The answers to that question allowed me to generate a list of qualities I would like in a partner. It was empowering and a lot of fun to get clarity!

The second step is to give your desire attention. Your job in the second step is simply to maintain a positive focus on your desire, knowing that as you do so the universe is aligning people and circumstances to match that vibration. You don’t have to know “how” exactly all of this will transpire for you. Let the universe do its job!

The all-important third Step is: Allow

You won’t reap the benefits of the first two steps unless you get the third step right, which is to allow or receive your desires. Esther and Jerry Hicks explain that there is an unending stream of abundance available to us. Our ability to accept the abundance that is always offered is where our challenges lie.

Imagine a river flowing downstream. When you are open to receiving your desires, you’re in your boat headed merrily downstream. (If you recall the lyrics of “Row, Row, Row Your Boat” now, it’s actually a pretty deep philosophical song!) In fact, you could even choose to drop the oars and go with the flow. Step three has you going with the flow and enjoying the scenery along the way (even if the view was somewhat different than you thought it would be).

Tools to Reduce Doubt

Many people aren’t comfortable dropping the oars in their boat and going with the flow. What do your doubts sound like? Perhaps your inner critic tells you “I don’t deserve this,” “I’m going to be alone forever” or “I’m not good enough.” Doubt impedes your ability to receive because it sends out a negative vibration. You start to put your attention on what’s wrong and the Law of Attraction kicks in to give you more of what you’re putting your time and energy on. Not only are you gripping the oars, but you’re starting to head your boat upstream against the current.

The more you can reduce your doubt, the more powerfully and quickly you’ll be able to manifest your desires. People often get impatient with the gap between where they are now and where they want to go. They give up right before they cross the finish line. One way to handle your doubts is to become aware of your doubts or limiting beliefs. Treat the words “because” and “but” as big red flags. Anything you say or think after using those words is likely a version of your limited beliefs about yourself.

Reducing your doubt, even slightly, will make it easier for you to attract what you want. Esther Hicks advises you to “soften and reach for thoughts that bring you relief” as a way to gently turn your boat from “upstream” thoughts back into the downstream current. If you feel controlled by your limiting beliefs, hire a coach to do some internal emotional housecleaning with you. (If you’d like to learn more about the kind of coaching I offer, please visit my coaching website.)

You can clear yourself of doubt by consciously collecting evidence that you are on the right track. Celebrate a stranger holding the door open for you or the unexpected check in the mail. There will be a lag time between articulating what you want and manifesting it in your reality but there will be signs along the way that you’re on track that can keep you fuelled and in a positive state of attention.

The third way to help you receive is gratitude. Take the time to feel deep appreciation and gratitude for your life as it is right now. Look at the people in your life, even the ones you don’t particularly like, and be grateful for the lessons you’ve learned and the relationships you’ve created.

Take Action!

1. What’s up, Doc? Over the next 7 days, keep a list of your doubts and limiting beliefs. Notice what thoughts come after you use the words because” or “but.”

2. Soften into Relief. Look at your limiting beliefs and ask yourself what thought could you choose instead of which would offer you relief. Are there any people in the world who have found happiness in life after divorce? Can you see yourself as in the process of being one of them? Write down a gentler thought that starts to turn your boat downstream.

3. Collect your evidence. Keep a list of all the positive people, circumstances and situations you start to encounter and celebrate your role in attracting them to you.

4. Take a Spiritual Vitamin. Give yourself a daily dose of gratitude by writing at least 10 things for which you are grateful.

The Traditional Wedding The Mother-in-law Pleaser

Posted on by blogger

Youre planning a traditional wedding, complete with a flowing white bridal gown, a handsome groom, a beautiful church, gorgeous wedding flowers, traditional vows and a mother-in-law wanting her way. Planning a traditional wedding and dealing with your own mother is stressful enough as it is. Throw in a future mother-in-law with needs of her own and youre facing major stress overload. As you continue your journey toward marital bliss, youll definitely need to deal with your fiancs mother. However, try not to fall into the trap of becoming a mother-in-law pleaser.

The wedding and its planning stages could very well set the tone for your future relationship. If you ignore your grooms mothers wishes, you may live to regret it. On the other hand, if you bend over backwards to please your mother-in-law, you could be setting yourself up for a subservient role for the long term.

So how do you please your mother-in-law without becoming a mother-in-law pleaser? This question has haunted brides for generations. While traditional weddings come with their share of traditions and guidance such as something old, something new, you dont often receive advice for dealing with mother-in-laws. Before figuring out how to keep you and your mother-in-law happy, lets take a look at what your future mother-in-law will be going through.

Traditionally, the brides parents pay for the wedding and act as the hosts. As such, they hold more power as far as the wedding is concerned. For example, whose name is traditionally listed on the wedding invitation? The brides parents, as in Mr. and Mrs. Smith cordially invite you to the wedding of their daughter, Jane. Another area where the brides parents, in this case the brides mother, have more power is in attire. The mother of the groom is expected to defer to the mother of the bride, consulting with her first before selecting a dress and making sure that her dress doesnt upstage that of the mother of the brides.

These two factors alone place mothers of the groom in a position that they may not be well suited for. For example, an independent woman who normally takes an active role in corporate events, party planning, or family gatherings is going to have a tough time backing off and letting another woman run the show. A woman who loves fashion and is well known for her snappy wardrobe may not be happy wearing mauve or asking another woman permission to wear a specific outfit.

Understanding the pre-defined role that your future mother-in-law is expected to play in a traditional wedding can help you understand her behavior which many manifest in many ways. Questions to consider include:
Does she feel like shes an equal partner?
Does she resent playing a less active planning role?
Is she overbearing? Is she overstepping?
Is she not contributing her ideas out of fear of overstepping her role?
What role would she like to play?

At this point, you are only speculating. Considering these questions is a good place to start. However, these same questions could lead you into the trap of becoming a mother-in-law pleaser. You dont necessarily want the same things that your mother-in-law wants, right? Identifying her wants is fine; it helps you understand her. But it doesnt mean you have to grant her wishes. For example, what if your mother-in-law wants to arrive at the church on a Harley Davidson motorcycle instead of the limousine that youve arranged? Or wants to be escorted down the aisle carrying her toy poodle on a pillow?

An excellent way to please your mother-in-law without having to cater to her is to treat your wedding planning as you would any other project. Projects have stakeholders such as investors, customers, and managers. So does your wedding. In your mother-in-laws case, whats at stake? What are her expectations? Whats her role? What activities is she well suited for? Does she understand the projects objectives and goals? Adopting a business-like wedding planning approach from the beginning can help you establish boundaries while also helping your mother-in-law understand the larger picture and her role in it.

Plan a stakeholders meeting with you, your mother, and your future mother-in-law. Ask each woman to write down her vision for the wedding. Explain that youve already done so but are interested in their ideas and input. After everyones written down their ideas, share your ideal wedding and then ask each mother to share her thoughts. This allows you to discover common ground and areas that may be outside of your weddings scope. For example, if you wrote down that you want a small, traditional church wedding with immediate family and close friends only followed by an outdoor reception at the local winery, how do the tentative wedding plans written by the two mothers compare? Is your mother-in-law envisioning a lavish black-tie affair for 400 guests? While your ideas may be worlds apart, they may be strikingly similar. For example, what if she wrote that shed love to see you get married at the same church where your groom was baptized? Youll never know until you ask.

By sharing your own vision from the beginning, before either mother has had a chance to influence you, you will already know what you want, and so will they. This is your framework. You may need to make changes and concessions along the way, but you do not need to stray far from your original vision just to please your mother-in-law.

Back to the wild entrance on a Harley and the toy poodle. Should you give in? Again, you do not need to grant every wish, but if you understand what your mother-in-law really wants, you may be able to compromise. For example, why is riding in on a Harley important to your mother-in-law? Is she trying express her free spirit? Is she known for her wild side? Instead of going for a traditional black limo, why not opt for a stretched black Hummer or some other fun but classy type of limousine, thus allowing your mother-in-laws personality to be expressed without becoming overly intrusive. As far as the poodle, you may need to put your foot down and say no pets. However, if youre open to a whimsical poodle-theme at the reception, let your mother-in-law pick out the table decorations and party favors.

Planning a wedding with other strong women involved requires communication, cooperation, and compromise. If you can find the right balance, you can please your mother-in-law without catering to her every wish.