What is a plant patent?
A plant patent is a type of intellectual property protection that is granted to the inventor of a new and distinct variety of plant. Plant patents are governed by Title 35 of the United States Code, Section 161 (35 U.S.C. § 161).
What types of plants are eligible for...
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Basics of Summary Judgment Motions
• Summary judgment is a motion brought by the moving party to seek a ruling that there is no triable issue of material fact in dispute and therefore, no need for a trial.
• Obtaining summary judgment is difficult, as it is based on admissible evidence viewed in the...
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Classifying Employees and Independent Contractors in California: What Businesses Need to Know
As a business, it is important to understand the difference between an employee and an independent contractor. Misclassifying workers can lead to legal disputes and financial penalties. This is where the Borello test and the ABC test come in.
The Borello test is used to determine whether a worker...
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How to Negotiate a Business Contract
Business contracts are an essential part of doing business. They help to protect both parties involved in a transaction by outlining the terms and conditions of the agreement. However, negotiating a business contract can be a daunting task, especially if you are not familiar with the process.
Here are...
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How to show lack of enablement when defending against a patent infringement claim
If you are accused of infringing a patent, one of the defenses you can raise is that the patent is invalid. One way to invalidate a patent is to show that it lacks enablement. Enablement requires the patent specification to provide enough information to allow one skilled in the art to make...
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Breaking Down the Doctrine of Equivalents: A Key Element in Patent Infringement Cases
Patent infringement cases can be complex and challenging to navigate. One of the most critical elements in such cases is the doctrine of equivalents, which determines whether a product or process infringes on a patent even if it does not match the exact language of the patent claims. Breaking down the doctrine...
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The Basic Legal Principles That Every Business Owner Should Know
If you're a business owner, you know that there are a lot of legal principles you need to be aware of. From contracts to intellectual property, there are a lot of areas of law that can impact your business. But don't worry, you don't need to be a lawyer to understand the...
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Common Ways to Invalidate a Patent
Invalidating a U.S. patent can be a complex and challenging process, and it typically requires a legal proceeding before the U.S. Patent and Trademark Office (USPTO) or a court. Here are some common ways to invalidate a U.S. patent:
1. Prior art
Prior...
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Getting Started with Patent Searching
A patent search is a process of looking for information about a particular invention, patent, or patent application. This can be done to serve a variety of goals, such as:
Determine if a particular invention is patentable.
Find out what other people have...
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Litigation – Los Angeles Superior Court Reopens More Departments to Handle More Trials
Presiding Judge Eric C. Taylor today announced changes the Court will make over the
next 60 days to provide more timely access to justice by shifting resources to manage
caseloads, help settle more cases, offer more trial capacity by reopening departments
closed prior to the pandemic, and being prepared for any increase in Unlawful Detainer
(UD)...
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next 60 days to provide more timely access to justice by shifting resources to manage
caseloads, help settle more cases, offer more trial capacity by reopening departments
closed prior to the pandemic, and being prepared for any increase in Unlawful Detainer
(UD)...
Reasons to Search for Patent Publications Citing Your Patents and Patent Applications
Much information can be deduced by looking for published patent applications and issued patents citing your own published patent applications and issued patents. I list here the type of information that you may find by searching for "forward citations" of your patents.
Who are your competitors?
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California Renters – Can’t Pay Rent Due to COVID-19 Pandemic?
© Frederic M. Douglas, 2020. All Rights Reserved
The public response to the COVID-19 Pandemic requires non-essential places of business to close or at least severely curtail their operations. Millions across the U.S. are now unemployed or under-employed. Recognizing the financial situation of many renters in California, Governor Newsom...
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