Business Law Archive

Applying for a patent for your invention is a task that takes time, patience and attention to detail. Before you consider applying for a patent make sure you have kept good records of your progress. …

Patents, trademarks and copyrights are forms of intellectual property protected by federal law and international treaty. There are important differences among them, which may be summarized as follows: 1. Patents protect a novel, non-obvious idea …

When discussing the US health care laws, the recently implemented Patient Protection and Affordable Care Act (PPACA) of 2010 and the Health Care and Education Reconciliation Act of 2010 are the most important. The reason for its importance …

As more and more products and services become available in digital form or on the Internet this has created a dilemma with traditional terms of use agreements. Click wrap agreements have become the popular method …

The issue of what can and cannot be patented will never receive a clear answer, as the bounds of patentable subject matter continuously evolve and change. This article will attempt to summarize the current state …

Intellectual property is intangible. It is not fungible. Intellectual property law is therefore complex, varied, and often overwhelming. However, knowing how to distinguish the rights that attach to intangible property is important to anyone engaged …

The Class Action Lawsuit today is a unique facility of the civil law code, and does not exist in countries that still practice varying degrees of common law. Even though the class action lawsuit was …

There are several factors to consider before filing in a small claims court. The proceedings in a small claims court also known as, “the people’s court” are informal, normally filed by an individual and often …

When a shareholder leaves a company, various issues can arise regarding the shareholder’s legal liability and obligations to the company, and how the shareholder’s stock in the company should be transferred. How these issues are …

So you have invented something “useful” and “new.” Though both of those qualities are required, they are not sufficient to obtain a valid United States patent. In addition, your new invention must be “non-obvious.” See …

You have been pushed to the brink of economic ruin. Your future involves a view of remaining impoverished by debt far into the latter portions of your life. Everyday brings new financial bad news to …

In a courtroom, usually, after the attorneys finish their opening statements, in which they tell the jurors what the evidence will prove, then the staging of the evidence starts. The presentation of evidence is mainly …

There are ten really important questions to know the answers to first before working with trademarks. This is important know-how for those new entrepreneurs looking to secure their logo, and or business concept, as their …

A class-action lawsuit is an option when a large number of people have suffered essentially the same harm from the actions of a single defendant (or group of defendants). In such cases, instead of numerous …

Those who own and drive their own “big rig” trucks are independent folks. They like to work for themselves. But when the economic climate is shaky, owner-operators can use the stability and steady work that …

So, you have a great invention and you are all excited about taking it to a manufacture for introduction to the market. STOP! Before you take another step, you need to make sure you did …

From a legal point of view, the key to a good business deal is to ensure that both parties end up with a balanced contract, with risks, rewards and obligations they can live. Effective negotiation …

Do you want to know if your invention can or should be patented? Are you leery of patent search organizations running commercials in the middle of the night? Do you get the feeling that they …

Torts.  The word “tort” comes, as do so many within the legal system, from Latin.  Its meaning has evolved from “twist” in that language, through Old French and Middle English to the present specific “breach” …

The Employment Non-Discrimination Act (ENDA) was written to extend protections from discrimination to people who are lesbian, gay, bisexual or transgender (LGBT). This would expand current Federal employment laws which already prohibit discrimination based on …

A patent is a form of intellectual property which grants a legal monopoly to an inventor of a new device or process. The precise laws governing patents differ from country to country, but in general, …

In the U.S., all cottage industries are regulated by standard small business laws. Most states and counties also have their own cottage industry laws. Finally, the municipality and even your neighborhood association may have their …

A good Victim Impact Statement clearly delineates how a victim’s life has changed since the incident (accident or criminal act) that caused the injury. The Victim Impact Statement is one of the most important tools …

Businesses create trademarks and service marks to symbolize their business through designs, words (phrases), pictures or logos which distinctly identify the goods or services of a company. Trade and service marks are a form of …

When a business is controlled by shareholders it sometimes occurs that the company dissolves or one or more people leave to start their own enterprise. When this happens numerous issues may arise that can end …

The Consumer Protection (Distance Selling) Regulations were passed into law in England in 2000, and give consumers protection and special rights when goods are purchased at a distance, such as through internet shopping, a shopping channel …

Many states have created a standardized document for forming a legal entity. These standardized forms were created partly to prevent lawyers from drafting and submitting extremely long incorporation documents and partly as a way to create ease of …

The Online Protection Act, signed by Congress and Former President Bill Clinton on October 21, 1998 was to be enacted in April 2000 in response to a growing awareness of Internet marketing techniques that targeted …

Since the passage of the Sherman Act in 1890, Antitrust jurisprudence has evolved in a variety of fashions. More recently, the Supreme Court, under Chief Justice John Roberts, has taken a decidedly pro-business approach toward …

A trademark, according to the U.S. Patent and Trademarks Office, is a legal device which protects “words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and …