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Introduction I wanted to take a minute to discuss Design Patents. A design patent protects an object’s design and appearance. A design patent does not protect, or even describe, any of the underlying functionalities of the object. It is somewhat of a known fact that design patents are easier to secure than utility patents. This is true in part because design patents focus on a particular appearance of the object. It is a lot less likely to replicate another’s design than it is to replicate functionality. For example, since toasters are known,…

 November 15, 2019 

Introduction: Special needs trusts are truly special. In general, trusts are governed by state law. Special Needs Trusts are governed by federal and state provisions. These trusts are heavily regulated and reviewed. Therefore, only a qualified attorney should be used to create a special needs trust.   Special needs trusts permit a disabled or elderly to qualify for public benefits. These trusts are sometimes referred to as special or supplemental needs trusts. The term "special" or "supplemental" is interchangeable. The primary distinction of such trusts is whether the special needs trust is…

 October 17, 2019 

Trademark law is a little more forgiving for disorganized procrastinators than other areas of law. This is a good thing.  First, to qualify the glaring colloquialism, the Trademark Law refers to Title 15, Chapter 22 of the United States Code, otherwise known as the Lanham Act. The Lanham Act sets up rules and standards for examination and enforcement of trademarks. The act also authorizes the director of the Trademark Office to create rules of practice at the Trademark Office. These rules have been codified under Title 37 of the Code of Federal…

 October 11, 2019 

  This article is intended as a brief guideline to folks wishing to invest in real estate that is subject to a tenancy. In layman’s term, this means purchasing a residential property that has at least one rental unit. A multi-family property that is occupied by an existent tenant is attractive to some home buyers who are frightened by the long-term mortgage commitment, or rather the possibility of not being able to keep this commitment at some point.   First, an owner-occupied multi-family property is a solution for those with little savings,…

 September 16, 2019 

I can write my own patent. At first sight, drafting a patent is may be easy. Many inventors have tried their hand at drafting their own patent applications. Some have succeeded, often with mixed results. As a patent attorney, I have assisted those for whom patent prosecution did not work out so well. Some inventors write their own applications. Others recruit cheap freelancers from a plethora of project sites. Often these writers are based in third world countries where the writer is not a native English speaker. The product of these initiatives,…

 September 9, 2019