5tInHcuAWizkbZv0sZ3a4QfNLYGlp: 2012

Thursday, December 6, 2012

Changing to a Single Common European Patent

The common single European patent system has long been proposed but never yet adopted. The present system provides for grant of a single European patent which covers 27 member states. Once granted, the patent is 'validated' in the chosen member states only. Previously however, this involved filing a translation of the entire application in the national language of the country concerned. As such, this validation procedure could be prohibitively expensive for many patent proprietors, and especially for individuals.

The London Agreement was then introduced in May 2008 whereby a number of the European member states agreed to reduce or abolish the translation requirement. This was in an effort to make the validation step of the Europe patent system more affordable. This has worked.

However, there are still many proponents wishing to see a single common system which provides protection throughout Europe and which effectively does away with the validation step and thus the expense of final translations. A main argument in favour of this single common European patent is to make obtaining EU patent protection more comparable in terms of the cost with that of obtaining US patent protection.

To date, all member states of the European Union have now indicated their willingness to join the common EU patent system, bar Italy and Spain. The intention is presently to grant the common European patent in the three main languages, being English, French and German. However, both Italy and Spain are formally objecting to this at present.

The creation of a single common Europe patent system has recently hit a stumbling block in terms of how to actually enforce granted rights resulting from a unified European patent. The European Court of Justice has recently indicated that the creation of a European Community Patents Court to deal with matters concerning the single common European patent would not be compatible with present European Union laws, causing issues regarding enforcement of patent rights at a national and European level. It has been mooted that the single common Europe patent system could not proceed without also the creation of a unified patent litigation system.

If the single common EU patent system does proceed, despite the potential cost savings, it will only inspire confidence and thus become a valuable asset if the resulting European patent rights can be implemented and relied upon fully and unambiguously within the framework of national patent laws of the member states.

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Ways a Patent Can Be Invalidated (Part I)

In the US, patents are presumed to be valid. However, the presumption is rebuttable and is usually challenged during patent infringement litigation. The validity of patents can be attacked in various ways, including:

1. Lack of Enablement.

In general, the patented invention must be disclosed in a manner that allows a person of ordinary skill to make and use the invention. This is the consideration the government is bargaining for when it gives the patent holder exclusive rights to the patented invention for several years. The rationale is that the government wants to promote the progress of science and technology, and by encouraging inventors to disclose their inventions to the public through their patents, the public may later use the technology once the patent term is over. If the invention is not adequately disclosed, and undue experimentation is required to make and use the invention described in the patent disclosure, the patent will be considered invalid and unenforceable.

2. Lack of Candor

The US patent examination process is conducted in an ex parte manner. Only the applicant (or the applicant's representative) and the patent examiner are involved in the process. No third parties are involved. Third parties are not given any opportunities, at least during the examination, to voice out their reasons against granting the patent, and thus the system relies on the applicant's candor. US patent laws require applicants to disclose any prior art known to them as well as any activities that have material implications on the patentability of the invention, such as offers for sale, public use, or public disclosure. These things are usually disclosed through an Information Disclosure Statement or IDS. If no IDS has been submitted during the course of the application, the validity of the patent may be questionable.

3. Wrong Investors Listed

It is crucial to name the right inventors on a patent application. A patent can later be invalidated if it did not include the correct inventors. Inventors and patent owners should not be confused. Inventors are defined under US patent laws as those that have contributed to the conception of the invention. If the idea was conceived by an employee of your company and you were not involved in the conception, you should not list yourself as an inventor simply because you want to make sure you own the patent. The appropriate action to take is to have the employee assign his rights over the invention to the company.

Another situation where inventors are often mistakenly identified is one involving research teams. Once again, only list those that were involved in the conception. Just because a researcher happened to work on the project does not automatically make him an inventor. The researcher may happen to be involved in refining the invention to make it work more efficient. This generally does not constitute conception, and the researcher should not be listed as an inventor in the patent application.

Another situation where wrong inventors are often listed involves supervisors and lower ranking employees. If the idea was conceived by a lower ranking employee, it does not mean that you have to list the employee's supervisor as the inventor. The key is to determine who contributed to the conception of the invention that is claimed in the patent application.

Because there are many nuances in obtaining patents, it is important to seek the advice and guidance from a registered patent attorney.

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How To Patent An Idea - Patenting Will Increase Your Idea's Value

If you have come up with a brilliant idea that could be used within a manufacturing industry or business, the first thing you should do is patent that idea. The process of patenting will protect you. If you do not patent your idea and discuss it with a company, and then in time you find out they have used your idea, you will have absolutely no recourse if you wanted to sue that company. To know how to patent an idea, your invention should fall into one of the three categories below.

In the USA, a government-issued patent lets an individual stop other people from using or selling their item within the US, or import it into the US.

You cannot receive a patent on something that anyone could have figured out, or something like the law of gravity (it wasn't your idea!) or any printed materials (these are covered by copyright).

A Utility Patent protects the rights of an individual who has invented an innovative technological product, for example a machine, a chemical compound or a new component part of a machine. That patent will be extant for 20 years from the application date and a utility patent is the most commonly applied for patent.

A Design Patent protects a product's original ornamental design, but does not cover the design philosophy or mechanical characteristics. These patents last for 14 years from the date the patent was granted.

A Plant Patent is these days the least applied for and is issued when a new species of plant is discovered and this plant must be very different from previous discoveries.

There are other considerations in knowing how to patent your idea, and if it will be accepted.

Your invention must be useful (if it wasn't nobody would want it anyway!) The idea should be a viable technical or industrial process, an innovative way of doing business or a new chemical mixture or compound that could be useful within a manufacturing process.

• It must be proven to work! That goes without explanation. • It must be unique, not a new spin on something very similar - that may be an infringement. • You cannot patent a basic or very simple idea; it has to be an item or process for which the inventor will have to submit a detailed description and drawings which will be scrutinized. • You cannot patent earthquakes, fire, rainstorms or thunder, for obvious reasons.

To protect yourself from someone else using your idea you must patent that idea to receive the law's full protection and knowing how to patent an idea is very important.

You can later sell the patent rights outright, or enter into a licensing agreement with a manufacturer, which leaves you as owner of those rights.

If you have an idea that you think will make you millions of dollars, be prepared to hire a patent attorney, which will cost you a couple of thousand dollars. Patent infringement must be considered, and even after thorough research you may not be aware of a similar idea that has already been patented - so don't open yourself up to an expensive law suit!

When you know how to patent your idea successfully, be aware that it can cost you many thousands of dollars. But if you are onto a winner, your returns will be substantial.

5 Myths About Long Term Care

When it comes to Long Term Care Insurance, most people think about 2 things, I won't need it or I can't afford it. Take a look at these 5 myths to see why you should look into LTC.

1) I won't need it. Currents statistics are that 1 in 2 women will need some sort of Long Term Care after age 65 and for men it's 1 in 3. Additionally 40% of all Americans who access Long Term Care are less than 65 years old. In California the average cost of a LTC care is close to $50,000 per year and a Harvard study stated that 69% of single people would exhaust their assets after 13 weeks in a nursing home. LTC is necessary to protect your finances.

2) I have health insurance so I don't need additional coverage. Health insurance plans (including Medicare) do not cover Long Term Care. Your health insurance will cover skilled care which can include rehab and physical therapy following a medical issue but it will not cover any costs affiliated with LTC, including nursing home care and in-home care.

3) I can buy when I need it. This is the most painful lesson to learn. Many clients want to purchase a LTC policy once they learn they (or their parents) will need Long Term Care. Unfortunately, like all forms of insurance you must purchase before the need arises. Too many people wait to purchase a plan and find that they won't qualify due to health issues or if they are healthy the premiums are too high based on their current age. Buy a plan when you are healthy and lock in rates based on your current age when they are lower.

4) If I buy a Long Term Care policy, I will have to move into a nursing home. This myth may have been true several years ago but today's policies offer coverage for care to be delivered at your home. A good LTC plan will cover in-home health assistance on a part time or full time basis. In fact most people who access their LTC policy benefits access them at home. A good LTC plan offers you options to maintain your independence.

5) I will lose my money if I never use the benefits. Again, this may have been true several years ago, but today many carriers offer hybrid plans that include LTC benefits within a life insurance policy. If Long Term Care is needed they are paid out of the plan and subtracted from the overall plan limits. If the benefits are never accessed or accessed on a limited basis any remaining funds are dispersed as a life insurance payout to the beneficiaries.

A quality LTC Plan is a great way to protect yourself and provide you and your family with options as you age. Don't allow old myths to keep you from looking into a LTC plan to protect your financial future. Check with a local agency that can answer all your questions and provide you a quote with no-obligation. Remember a good agent will give you a quote at no cost to you.

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Eating in La Tania - From Casual to Fine Dining

To be sure, this small, family-friendly resort may not have the reputation for a bustling nightlife like its next-door neighbours do. Still, visitors on ski holidays need not worry about boring nights wearing fluffy slippers cooped up in the ski chalet! La Tania may not be the party capital of the Alps, but there are many places for après ski activities, dining (casual or gourmet) and more in the area to enjoy!

Wondering where to go after a day of skiing and snowboarding? Here are a few of the favourites.

Apres Ski Fun: Pub Le Ski Lodge The Ski Lodge has earned a reputation as the social centre of this resort, and rightly so. If you're looking for a fun time and an evening out of the chalet, La Tania's fun crowd will be found here! Its amazing drinks - the most famous of which is The Ski Lodge Cocktail- coupled with great entertainment [including live music from great bands, live telecasts on satellite on its screens and more], ensure unforgettable nights of fun and excitement. It's not just a bar, however. The Ski Lodge is a great restaurant as well, offering generous helpings of wonderful pub fare at very reasonable prices.

Upmarket Lounging and Savoyard Specialities: La Taiga If you're looking for a more relaxing, upmarket establishment to enjoy after a day's skiing, head on over to La Taiga, after dumping your gear and freshening up at the chalet. La Tania's chill out resto-bar is frequented by an older and more sophisticated crowd and furnished with leather sofas, glass tables and a crackling fire. But don't worry, it won't be too quiet - there are still live bands playing here on occasion as well as rousing party night.

As for food, La Taiga also serves great meals at its restaurant, should you be craving to sample authentic Savoyard fare outside your chalet. La Tania's signature meals such as the traditional fondue, raclette and tartiflette are best sampled here first- so you know what they should really taste like! As well, the menu includes other options like foie gras and modern salads.

More Savoyard Options: La Ferme Another place to experience traditional, authentic Savoyard meat and cheese dishes, La Chanterelle offers all this and more, but specializes in crépes. Not to be missed!

Michelin-Starred Sophistication: Le Farçon If you're looking for a romantic dinner with impressively fancy dishes- or just a good reason to dress up and get out of your ski chalet- La Tania's very own Michelin-starred restaurant is your best bet! Try out the tasting menu, which offers what seems to be a never-ending parade of small portions with amazing tastes and flavours, such as king prawns (in the mountains? Unbelievable!) with scrambled egg, freshwater fish in cream, snails in garlic cream and more. This is fabulous and innovative French cuisine in the middle of the French Alps!

Fast Food Should you wake up with an unexplainable craving for a Big Mac or quarter-pounder inside your ski chalet, La Tania unfortunately won' t be able to help. There is, however, a well known fast-food chain restaurant some 40 minutes outside the resort at Bourg St. Maurice. Inside the resort there are several places that offer wonderful burgers (as well as pizza) for lunch and dinner such as Le Chrome Bar, and of course, Pub Le Ski Lodge.

Choosing La Tania for Your Next Ski Holiday The Cost Of A Winter Holiday The Cost Of A Winter Holiday

Where the World's Best Racers Go to Ski

Here are five of the leading World Cup resorts for skiers to visit:

Lake Louise, Canada

The resort with more ski kilometres than any other in Canada, Lake Louise has plenty of runs to suit beginners, intermediates and experts. For those who like a challenge, there's good powder, some mogul fields and steep runs above the treeline. One of the lift pass options includes pistes at Mount Norquay and Sunshine Village. Located in the beautiful Canadian Rockies, Lake Louise is a charming resort with good apres ski, accommodation and other snow activities, including sleigh rides, ice-skating, cross-country skiing and dog sledding. It hosts men's and women's races at the end of November and in early December during the Winterstart racing festival. Calgary is the best airport for connections.

Selva, Italy

The Val Gardena has welcomed the world's best male downhillers for the last 40 years or so, staging races in December amid the stunning Italian Dolomites. Selva is the main resort in the valley, part of the Dolomiti Superski area and one of the stops on the 26km-long Sella Ronda ski tour. It's a great resort for intermediates and has some good nursery slopes in the centre of the village. The Saslong downhill course is famous for the so-called camel bumps that the speedy love to jump but it's not the toughest course on the circuit and is therefore skiable by good intermediates. Selva, which is known as Wolkenstein by German-speaking residents, is at 1,500m or so and has the best snow record of the other villages in the valley.

St Moritz, Switzerland

One of the most glamorous resorts in the Alps, St Moritz has hosted Winter Olympics and Alpine Skiing World Championships and is visited regularly by the best women racers on the World Cup tour. St Moritz, at 1,770m, has some of the priciest hotels and restaurants in the mountains, is popular with celebrities but generally avoided by skiers on a budget. The skiing is best suited to intermediates and experts, with fewer runs for beginners, and the black runs at Diavolezza are a particular challenge. The nightlife is good and visitors can always enjoy horse racing on the frozen lake when taking a break from skiing.

Kitzbuhel, Austria

The Streif on the Hahnenkamm mountain at Kitzbuhel is widely recognised as the toughest men's downhill course on the World Cup circuit and the race meeting is also the biggest social event on the tour. With some terrifyingly steep pitches and long jumps, all skiers need their wits about them when giving it a try. The village overflows with visitors during the event, held at the end of January every year, and the atmosphere gets particularly electric if the race is won by an Austrian. Generally, Kitzbuhel's skiing is a lot milder than the Streif would suggest, with some particularly good runs for beginners and intermediates. The main problem facing the resort is its relatively low altitude, which means snow conditions can suffer in dry or mild weather.

Garmisch-Partenkirchen, Germany

Host of the 1936 Winter Olympics, and the first of the competitions to see alpine ski medals awarded, Garmisch-Partenkirchen is Germany's premier winter sports resort and has hosted the sport's World Championships on a couple of occasions. The slopes are regular stops on the men's and women's downhill and slalom tours, with recreational skiing on the Hausberg, Kreuzeck and Osterfelder runs. Visitors can also take the mountain railway up to the Zugspitz glacier area, which offers easier high-altitude pistes. The resort, formed when the towns of Garmisch and Partenkirchen were united for the Olympics, is reached easily by train from Munich airport. Choosing La Tania for Your Next Ski Holiday The Cost Of A Winter Holiday The Cost Of A Winter Holiday

Why Direct Mail Advertising Works And How To Lower Your Costs

I met a lady who said she received a notice in the mail from a company offering plaques of various animals. She knew her daughter would love them as a gift and ordered them. This lady said, "I don't know how they got my name but I sure am pleased to have found out about those beautiful plaques, my daughter just loves them."

THAT is direct mail advertising at work.

If you have a product or service that needs exposure you can mail 1,000 or more sales messages at reduced postage rates. That's a savings of at least 14 cents on lettersize and 51 cents on oversize for each piece by using Canada Post's Addressed Admail(TM) postal option. Postage could be even lower but that depends on your list.

Mailing in quantities of 1,000 or more can present you with challenges you never thought about. That is why Sasha Peters has written a simple, easy to use guide book that explains all the intricacies of using addressed admail(TM). Your list, the various postal options and how to work with a mailing service all work together to make your mailings go smoothly.

The thing you have to keep in mind is that before this book there was no one source for learning all you need to know. You basically had to learn through trial and expensive error.

Sasha has been in the mailing business for 16 years and discovered that businesses need something to guide them through the processes. With technology and mechanization advancements, there is an even greater need to understand how it all flows. Mailing costs can increase from $25 to $80 a thousand all because the envelope has a flap in the wrong position.

One company's mailing costs were decreased quite substantially. They mailed 20,000 newsletters bi-monthly. By alerting them to a postal option they weren't aware of, they saved $2,500 in envelopes and $1,200 in mail processing fees for each mailing, a $22,200 annual savings!