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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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Due on Sale Clause and Transfers to Trusts 12 ups ยง 1701j-3

If you read through your mortgage carefully, you will notice that the bank reserves the right to accelerate the repayment of your loan in the event that the property is sold or transferred without the bank's written approval. This clause is there to safeguard the bank's rights in the property, which is the collateral for your loan. While an outright gift or sale to a third party is what the clause is intended to guard against, transfers arising out of estate planning strategies can and do trigger a breach of this clause.…

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Unitary Patent

This is a new "invention" of the European Patent Office (EPO). The EPO is moving forward in creating a unified patent system for participating countries. Details of this system will become clearer with time. Therefore, it is too early to talk about things like examination time and fees. For now, the participating members have agreed to pursue the project and to establish a common court with jurisdiction over unitary patents. The unitary patent system would represent an improvement over the current structure because the resulting patent would be automatically enforceable in all…

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Grand re-launch!!

We have re-launched our website to bring you better and more user friendly online services. Our website is new, but our expertise, zeal, commitment and reputation have been ongoing since the law firm opened its doors. We never stopped working for our clients, and taking on new clients, even while our website was being revamped. We still specialize in Patent and Trademark drafting and prosecution, as well as in Estate Planning and Asset Protection. We will also be able to help you with contract drafting and negotiation. There is more!! We recently…

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