If you are a business that manufactures or supplies products or certain components of products, you are bound by the law to ensure the safety of the clients who use them. The United States has an organization by the name of FTC or Federal Trade Commission to protect consumers from any fault, damage, or injury that may occur as a result of using the product or product component. There are many other laws that are enforced to protect the general public from faulty products and product components on the market. This article provides information on how do you avoid product liability claims and have insurance for your new product.
Product liability refers to defective products that result due to various design defects, manufacturer defects, or marketing defects. The failure to provide adequate warning against the risk is also considered a defect. Although it is not a physical defect, it can also result in a product liability claim. Product liability claims fall into millions of dollars in damages. The cost of such injuries is estimated at $12 billion annually. In fact, a product liability claim can cripple your business, especially if you operate a small business. Here are important things to consider in order to avoid product liability issues.
Thorough product testing is essential to avoid such claims over time. This will alert the manufacturer of possible defects in their products or product components. You should be able to prove that you have taken reasonable steps to avoid product defects. Providing appropriate warnings dangerous goods in another important step that you can take in this regard. Taking out a product liability insurance is another step to avoid liability issues in the long run. These are important steps that you need to take.
Generally, patent applications are published and made available to the public for viewing and search after eighteen months after their earliest priority date. The applications are published regardless of whether a patent has been awarded.
However, an exception to the above rule also exists. Applications that are accompanied by non-publication requests are not automatically published after the expiration of this period.
It is also worth mentioning that provisional applications are never published by the US Patent and Trademarks Office. They only remain at the USPTO for 12 months after which they are abandoned. In some cases however these applications may be made available to the public.
Let’s now look at when patent applications are made available to the public.
Publishing At 3-4 Months
Some patent applications are usually published by the USPTO after a period of three to four months. These applications are those that refer to continuations-in-part or divisional applications. These are published as soon as they are processed by the USPTO system.
Publishing At 6 Months
Next in line are the patents that are published after six months after the application is made. This publishing date comes earlier than the standard eighteen months only for applications whose priority date was 12 months before the application date.
Publishing At 18 Months
As previously stated, all new patent applications in the US are automatically published 18 months after the application date, provided that no non-publication request is made.
Publishing Beyond 18 Months
In some cases, patent applications are made after the standard 18 month period is over. This mainly relates to international patent applications. These are applications filed with WIPO at first and then later with the USPTO. The USPTO then uses the earlier filing date with WIPO as the priority date.
From the above, you will have an idea of just when a certain patent application will be made available to the public by the USPTO.
When you are listening to some of the music that is being played on the radio, you may hear some parodies coming into the radio at times. When you hear these they tend to make you laugh quite a bit, but they also tend to make you wonder what the original artist thinks of what has been done to their song. Here is where you may also start to ask yourself if this is going to be considered a type of copyright infringement since so many artists work hard on the songs they are producing and only get to see them made fun of can be upsetting at times.
The short answer is this is not a copyright infringement because it is going to be something that is considered the fair usage laws. Now this does not mean that people are going to end up getting sued because of the use of the music and making the parody of the songs, but they are typically going to be a little bit easier to defend because of the way the courts have ruled in the past on the fair usage of the songs to be made into parodies and this allows people to have a better time in knowing they are able to use the songs in the form of a parody.
Being able to make a parody of a song can be a good thing, but it can also be daunting as well because people may be concerned about getting sued on copyright infringement laws. This is when people should know more about how making a parody tends to fall under the fair use laws. By knowing about these laws it will be very easy for people to make a parody of their favorite songs and make sure they are able to keep people entertained on the level they never expected before.
I mean who doesn’t love Weird Al?
You’d think something that requires a special patent will bring with it something really special. Or at the very least, it will be useful in some sense. But that’s not always the case, as can be seen in the following examples below. You be the judge whether they deserve to get patented or not.
No. 1 – The Flatulence Deodorizer
Believe it or not, there was somebody who actually got the idea for a flatulence deodorizer. It works pretty much the same way a diaper does, but instead of collecting the bad stuff, it “purifies” the bad smelling air when you can’t keep it in any longer. In other words, you can let it rip anywhere you like, and it will end up smelling like roses.
No. 2 – Templeless Eyewear
If you prefer glasses, but you hate how irritating the temples of the glasses get after a while, this might be the crazy patent for you.
The trick is to keep the glasses in place using strong little magnets. These magnets are literally glued to the sides of your head by the way.
No. 3 – A Way To Get Your Cat To Exercise
To all cat owners who have just about had it with their lazy furry pets, listen up. There’s a patent request for an invention to get them exercising. Using a light beam (or laser), you point it at a spot on the floor or wall and watch your cat go wild. Sound familiar?
No. 4 – A Machine To Kick Yourself With
That’s right, there’s a patent request for a device that allows you to kick your own behind. All you have to do is rotate the crank and feel the kick.
No. 5 – The Animal Toy
It’s nothing more than a piece of wood, seriously. You can read about it here: http://www.freepatentsonline.com/6360693.html
On one hand, you have investors who are clamoring for results and to see their eagerly awaited return on investment and on the other hand, you have competitors who are eager to ride on the coattails of the research being undertaken.
The nature of the startup also dictates that marketing is at the core of continued success. Without actively marketing their success and the eagerly awaited product or service the startup cannot ensure that it receives another round of funding.
This puts those at the helm in a dangerous position. They need to create excitement – but at the same time, they need to protect their intellectual capital from the schools of sharks in the competitive environment who are eager to take advantage – and leverage any research that they undertake.
One of the only ways to ensure that the startup will actually enjoy the fruits of their labor is to engage the services of an intellectual property attorney.
These professionals will ensure that intellectual property is protected not only without the borders of the country where it is undertaken – but also across the globe. in an ever shrinking market where the speed of communication and global markets has changed beyond recognition, especially in the last decade the retention of the services of an intellectual property attorney is now a business imperative.
If the startup wants to thrive it must take into account the fact that others will snap up its intellectual capital at the first available opportunity. Having a top class legal mind in your corner is the only way of ensuring that the company will go the distance.
Technology is a wonderful thing, and it can be traced back to the first invention that really separated people from animals. From there, things just kept evolving until more inventions completely changed how the globe functioned. Now, there is a big list that can be made about inventions that changed the world.
Controlling And Making Fire
Can anybody really define the huge step humans made when they discovered ways to make fire? It was probably the defining moment in our history and sets the cornerstone for everything that followed.
The wheel is the most obvious second choice because even though it is so incredibly basic, it’s used in so many aspects of life. Imagine life without wheels? You can’t do it.
Then, of course, there’s the compass. Without it, navigation could’ve been a lot more difficult. But also, it’s an invention that took men from one point of the globe to the other.
As time continued automobiles were introduced, making travel even more convenient and quicker. From there it went on to steam engines and ultimately airplanes. Once again ask yourself, what life would be if all these forms of transport fall away?
There’s one invention, in particular, that doesn’t get nearly as much credit as it should – concrete. It’s used every single day around the world, and yet, nobody really stops and thinks about who invented it.
Another one of the most important inventions to change the world has to be electricity. Just like when people discovered fire, a whole new world opened up the moment light bulbs started flickering in their homes. This led to radio and television, and quicker ways to communicate over long distances.
When you think about it, there are so many great and practical inventions that go by unnoticed. What is your favorite invention?
Inventions are protected by law to prevent anyone from reproducing or imitating an inventor’s product. An inventor gains exclusive ownership of his or her invention by applying a patent to the United States Patent and Trademark Office. If you pursue a career as a patent attorney, your job would be to protect the inventor’s rights against people who are trying to steal his or her ideas as well as protect other property such as their website.
First of all, being a patent attorney is probably one of the most exciting jobs in the legal industry because you’re one of the first people that’ll witness an invention. It’s like having a peek into a future that most people haven’t seen yet. The excitement that you’ll feel after seeing a discovery is irreplaceable.
The second reason why a patent law career is a good choice for you is that it allows you to pursue your dream of being a lawyer while applying your technical expertise. It is an intellectually challenging job because you’ll have a different approach in science that is very exciting for someone who is passionate about the law as well.
The salary of a patent attorney is also another reason why you should choose this career. Those who are just starting their career can get paid $24,000 to $33,000 a year as a trainee. The more experience and qualifications you have, the more chances of earning a higher salary that ranges from $50,000 to $60,000 a year. If you eventually become the head in an IP department, you’ll have a huge salary of $100,000 to $250,000+ that still depends on the industry that you’ll work for.
Pursuing a career in patent law may not be easy. You’ll have to prove your patience and skills to become a patent attorney. It may take you a lot of time before you can officially practice in this field, but the hard work that you’ll pour into your studies and career will all be worth it. A patent law career is for those who are ready for a daring job that offers excellent pay as well.
Not convinced? Watch this:
In its simplest term, Intellectual Property or IP refers to inventions of your mind for which exclusive rights are recognized to earn financial benefits from your creations. Favorite IP examples are trademarks, geographical indications, copyrights, patents, industrial designs, and trade secrets.
When you create a million dollar product, preparing it to be introduced to the market, you also need to safeguard your interest in the event some pretty lucrative IP disputes happens. Below are three of the most unforgettable and famous Intellectual Property disputes of all time.
– Adidas America Inc vs. Payless ShoeSource Inc. For almost a decade, Adidas America Inc and Payless ShoeSource Inc ensued a legal battle over Adidas three-stripe logo trademark. In 2009, both parties voluntarily dismissed the suit agreeing to a settlement. Adidas was awarded more than $300 million for damages in the district court but was reduced at the end to more than $30 million due to the economic nature of the complainant’s harm.
– Apple Computer, Inc vs. Microsoft Corporation. A six-year-long legal dispute was filed by Apple Computer against Microsoft and Hewlett-Packard seeking to stop the selling of computers with similar features to Apple’s Mcintosh OS. In 1989, the judge ruled against Apple Computer as the case begun from similarities in licenses. However, it caused bad relations between the giant companies until the year 1997 when both agreed to work together and signed a patent cross-licensing agreement.
– Mattel Inc vs. MGA Entertainment Inc. Barbie and the exotic Bratz dolls Cloe, Sasha, Jade, and Yasmin made some pretty long-standing legal disputes about designs and trades secrets. In a nutshell, a former Mattel employee resigned and created the puffy-lipped Bratz dolls. Mattel then started the IP conflicts in the premise that the designer was still employed by the company when he came up with the design. Claims, counterclaims, rulings, and some reversal of rulings after, the dispute has ended with zero damages to both parties.
The three cases above are just some of the many legal IP disputes that have made waves across the globe. The moral lesson of these stories? Always aim to be protected with your creative designs. Besides safeguarding your immediate concerns, registered IP rights also seek to shield your future financial interests.
They say that the path of genius is often strewn with potential pitfalls. However, in some cases, these pitfalls are really self-created. For many the path to fame and fortune are build on the backs of genius – unfortunately, that genius was not their own.When it comes to appropriating the intellectual property of others things can get very nasty – very quickly.
Here are some examples of why a patent or copyright attorney can be your best protection against the misappropriation of your own intellectual property and hard work.
1. Ice Ice Baby.
Vanilla Ice hit the headlines in 1991 when his song ‘Ice Ice Baby’ took both the world charts and the club scene by storm. There was, however, a problem. Mr. Ice did not credit the fact that he had extensively sampled the song ‘Under Pressure’ by Queen and David Bowie. Although he initially denied the accusation he eventually admitted that he had used the samples. The case was settled out of court.
In the run-up to the first election of Barack Obama in the United States, a savvy artist by the name of Shephard Fairey created the now famous ‘Hope Poster’. A simple design using a limited palette of colors it soon rallied voters to the Democratic cause. But the image was based on a photograph taken by Associated Press as one shot by Associated Press freelancer Mannie Garcia. The AP demanded its slice of the proceeds from the sale of a variety of items. Fairey claimed ‘Fair Use’ as the work did not devalue the worth of the original image. The case was settled out of court.
Without a sharp eye and a sharper mind, your intellectual property is at the mercy of those who want to make a quick buck at your (literal) expense. Get yourself a patent attorney to make sure your products are safe.
Orange County is in the heart of California and is one of the most beautiful places in America.
For those who are wondering how the weather is in this part of the nation and how it might be when they travel, it’s time to take a look.
Here is more on how the weather is in this region.
70& Bright and Sunny
For most people, Orange County is about the sun.
It is sunny for 70% of the year. Sometimes, the number rises and a year produces, even more, sun than expected. This says it all about how the weather is in the heart of Orange County. In most cases, when a person looks up into the sky, they are going to see a few clouds and nothing else.
Does it rain a lot in Orange County?
No, it does not. There is minimal rain in the area, and that is ideal for those who want to make sure they are not being drenched year-round.
The summers aren’t as hot as they can get in Florida or Texas. They are bearable and in most cases “moderate” making it nice to go outside in the afternoon. Those who prefer to sit on the beach don’t have to worry about the sun beating down on them at scorching temperatures.
The evenings are even better as the sun goes away, but the calming warmth remains. It is something people adore about Orange County more than any other part of California.
This is how the weather is in Orange County for those who are thinking about moving over or visiting. It is one of those beautiful places that has a number of attractions, and the weather is good. It is the ideal spot for those who want to settle in.