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Another Reason to Wed

When the federal government enacted 12 USC 1701j-3, the purpose, as suggested in the title, was to preempt state legislative enactments and judicial decisions that prohibited enforcement of due-on-sale clauses. As of 1985, all of due-on-sale clauses are enforceable, thanks in part to this statute. The legislators provided several exceptions to the due-on-sale enforcement, among these is the ability to transfer encumbered property through devise, decent or operation of law after the death of joint tenant or tenant by the entirety under 12 USC 1701j-3(d)(3). Whether intended or not, this creates an…

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Getting a Patent at the USPTO

This post is a high level overview of the patent prosecution process. A typical soup to nuts process in the USPTO lasts about three to five years. After the application is filed and granted a filing date, the application will be placed in a queue. This queue usually accounts for the single longest period of delay between filing and allowance. Eventually, every application gets assigned to a technology center (TC). A TC represents a group of examiners that specialize in a particular field of art. For example Chemistry, Biology, Electronics, will all…

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