Repairing Software Patents

Often I will get a new client with a bad pending software patent application for a valuable invention. The invention is usually successful commercially, and solves a real problem. However, because the original patent application did not adequately describe the invention, the application is stuck in examination and a patent is unlikely to be allowed unless the claims are so narrowed as to render the resulting patent useless.

There are two main causes of this problem. First, the original application may not have used the wrong language in describing the invention. Inventors usually describe their inventions in terms of how they implemented the invention. As a result, they may use common terms for the data structures and algorithms that are employed to code the invention. When these common terms are examined as part of the patent application, the patent examiner usually finds a few dissimilar inventions that together include all of the common terms of the application's invention, but that perform different functions. The Examiner then rejects the application as obvious, and rightly so, because the language of the application hasn't captured the unique, patentable aspects of the invention.

A second cause of an application for a great invention being stuck is that the original application has captured only one level of depth for the invention. Patent applications should include multiple levels of detail for the key inventive elements, ranging from a high architectural level to several lower levels that describe implementation options. However, if only the high level description is included in the application, the claims of the application may be rejected as obvious in light of dissimilar inventions with similar a high-level architecture.

These defects don't have to be fatal to the patent prospects of a great invention. The original omissions can be corrected by filing a continuation-in-part application. The continuation-in-part application claims priority to the original application that it is correcting. The original drawings and descriptions are included, and all original material has the same effective filing date as the original application.

The continuation-in-part also includes new drawings and descriptions with the details needed to distinguish the invention from the inventions cited by the examiner. This new material has an effective filing date of the filing date for the continuation-in-part. Although this filing date is later, the new continuation-in-part application can have the properly structured descriptions and the multiple levels of detail that will support moving the application forward to allowance. As a result, a broad, valuable patent for the invention can be obtained.

Critical Factors to Consider When Leaving an Inheritance to Children Or Grandchildren

Although plenty of people understand the importance of leaving an inheritance to their children or grandchildren, few have procedures in place to ensure proper money management. The benefit of planning is that it helps you maximize the assets your loved ones receive when you can't provide for them. Below are several financial factors you must consider when leaving an economic legacy.

First, all assets left to a minor must be held by a guardian or placed in a trust because minors can't legally hold and manage inherited money. While directing that your money will be held by your child's guardian seems intuitive, it can actually cause many problems. Assets held by guardians are subject to strict and burdensome court supervision. As a result, expensive legal fees and time-consuming court procedures can make it difficult for the guardian access the money and use it for the benefit of your child or grandchild when they need it.

What about your life insurance or retirement accounts? Unfortunately, directly naming a minor as beneficiary of these assets is risky. The insurance company or brokerage house could hold the assets until the child turns 18 and then turn it over to the child directly. Many companies won't even release funds to a surviving parent for safekeeping and management without a time-consuming and expensive court decree.

One alternative is an UTMA (Uniform Transfers to Minors Act) account. Controlled by state law, these accounts hold money given to minors. The account is legally owned by the minor (it even includes his/her Social Security number) but the management and access is controlled by the custodian you choose until the child turns 21 - or other age specified by state law.

The UTMA account is a great vehicle, but it raises an important question: Do you believe in your child or grandchild's ability to manage a large sum of cash at 21? Will that money go to college tuition or a Ferrari and a month in Las Vegas?

If you prefer having your funds held until your child or grandchild is well into adulthood, then an "inheritance trust" is a smart option. A trust allows you to control the use and distribution of your assets after you're gone. You choose a trustee (who can be a friend, family member, adviser or financial institution) who will oversee the funds and use them for your child or grandchild's health, education and support. Assets held in the trust are protected from poor spending habits, lawsuits, creditors and divorce. The trust funds will be turned over to your child or grandchild directly at the age your designate, which could be 25 or 30, or even later.

Of course, you can navigate the tricky and often obscure laws of asset protection with competent legal advice. You'll get a clear understanding of your choices, so you don't risk creating financial struggles, unnecessary taxes and strained family relations.

How to Write a Will Without Expensive Legal Fees

More often than not complexities arise from a legal heir claiming right to the property - and this sees government intervention to stop the two parties from bickering. If no real consensus is reached, the government may decide to dissolve the case and make no one the real owner! These things happen if you do not use a good 'will writer' who has knowledge about every legal aspect about wills and hence will guide you.

Legal Solicitors: They will undoubtedly do a good job in writing a will because their job is to provide help and draft wills using the correct format. Bu they may prove to be expensive and better the solicitor - more can be their charges. The trick is to look for someone who is relatively new and wants to make a mark in the field - they will be more than eager to help you at a very nominal rate! And unless, you're a multi-millionaire who has many direct relatives (sons and/or daughters) who are waiting for you to die, no big complications will arise out of the will!

Online Services: Nowadays, services of a good will-writer or services of the 'legal eagles' are not far. With everything going online, people have realized that they can make their services reach to more people around and thus ensure a better and a diversified earning. With more tussle and competition, reasonably charging and good will writing maybe just a simple click away.

Freelance Writers: It is not only the people with fat law books under their hands and in their bookshelves who understand the law of the land. But there are people who understand it even better than the legal eagles! The only difference being that they do not have a degree. They know the format and the legal procedures to draft a will and they will do the job for you for a very nominal amount. All you need to do is to get it signed by a legal solicitor or a person who holds a high post in the same department and is authorized to do the job.

DIY Kits and Softwares: Do-it-Yourself kits are the great help things that have appeared on the market and surprisingly or otherwise, DIY kits are available on writing wills also! The same is with the softwares, where you just have to enter your and your heir's name and the property amount amongst other details and an automatic draft will be generated within minutes! There may be shortcomings in your written will and that is when some people will unlawfully try to stake claim to your property and money that you have left behind. There are many ways to help you write your will without expensive legal fees or without expensive consultation charges.