© 2011 By Constance R. Barnhart On September 16, 2011, President Obama signed into law the Leahy-Smith America Invents Act (the “Act”), which the U.S. Patent and Trademark Office (USPTO) termed “the most comprehensive overhaul to our nation’s patent system since 1836.”
The Act (H.R. 1249), co-sponsored by Senator Patrick Leahy (D-VT) and Rep. Lamar Smith (R-TX), was passed by the U.S. House of Representatives on June 23, 2011 by the Senate on September 8, 2011 by decisive bi-partisan votes in both chambers.
For more information on the America Invents Act, See our article, President Obama Signs into Law Most Comprehensive Patent Reform Act in 175
Read more…New America Invents Act, the Most Comprehensive Patent Reform Act in 175 Years
© 2011 By Constance R. Barnhart I. Preliminary Issues
A. Agency or Distributorship Relationship Appropriate?
1. Consider other possible forms of doing business abroad: Deal by Deal Direct Sales to End Customers, Joint Venture, Licensing, Acquisition of a Foreign Company, Establish a Foreign Branch or Subsidiary.
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Read more…Outline Of Some Issues And Typical Terms In International Agency Or Distribution Agreements
© 2011 By Constance R. Barnhart A. General – Overview & Introduction to Intellectual Property Licensing Across International Borders
1. Next Step to Expand International Operations? Licensing of patent rights, trade secrets, know how, copyrighted software or other technology, and trademark rights (collectively referred to hereafter as “Technology”) to overseas party for exploitation (manufacture, use and sale) abroad is often a next step (after exporting) to expand international operations – whether by companies around the world into the U.S. market, or by U.S. companies abroad.
2. License defined: A conveyance of a right under a patent, trademark or copyright which confers less than the
Read more…International Intellectual Property Licensing: Basic Introduction & Checklist
© 2011 By Constance R. Barnhart I. Basics of Intellectual Property Protection in the U.S.
A. Patents
1. U.S. Patents are granted upon application to United States Patent and Trademark Office (“PTO”), for new, useful, and non-obvious inventions, determined to meet the statutory criteria, after examination, by U.S. PTO.
A U.S. Patent grants to patent owner the exclusive right to practice his invention, to manufacture, use and sell goods thereunder, and to exclude others (or license such rights, in whole or in part, to others for compensation). Under current U.S. law, patents are granted for a period of 20 years from date of
Read more…Outline: Introduction to Intellectual Property Protection
© 2011 By Barnhart Law PLC More Articles & Outlines will be posted soon
© 2010 By Constance R. Barnhart Pointers from the perspective of the Scandinavian, European or other Non-U.S. Buyer, also applicable to U.S. Buyers
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As tentative news of incipient financial recovery begins to unthaw stock markets and credit markets, there are reports of increasing interest in IPO’s in Europe and India and we see early signs of a re-awakening of interest in mergers & acquisitions activity in the U.S. This early prospecting for acquisition targets is fueled by the availability of bargains presented by a plethora of troubled companies left by the Great Recession which we
Read more…Acquiring a Business in the U.S.: 10 Ways Attention to the “Legal Terms” Can Enhance the Economic Value of Your Deal
© 2009 By Constance R. Barnhart This PowerPoint Presentation on Acquiring a Business in the U.S., updated in 2009, accompanied lectures delivered by Constance R. Barnhart at law firm seminars in Stockholm, Sweden and Oslo Norway.
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© 2009 By Constance R. Barnhart
Published in EnergyPulse, November, 2008 Updated March, 2009
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AUTHORS UPDATE MARCH 8, 2009: As described in the following article, the federal Renewable Electricity Production Tax Credit (PTC) for wind energy (Section 45 of the Internal Revenue Code of 1986, as amended) was previously set to expire on December 31, 2008. Since this article was written, the PTC has been extended by law two times:
First, The Emergency Economic Stabilization Act passed by Congress and signed into law by President Bush on October 3, 2008, extended the PTC for
Read more…Incentives for Wind Energy Development in the U.S.
© 2007 By Constance R. Barnhart
Published in The Metropolitan Corporate Counsel, June 2007.
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Read more…Opportunities In Sweden & Norway For U.S. Strategic Buyers: Part II – Norway
© 2007 By Constance R. Barnhart
Published in The Metropolitan Corporate Counsel, May 2007.
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The international business world is shrinking and converging. But, trends still differ across borders, and out of the differences come opportunities. On a recent business trip, I discussed the subject of this article with partners at seven major law firms in Stockholm and four major law firms in Oslo, with whom we work. We compared current trends in private equity (“PE”), mergers & acquisitions (“M&A”), and public market activity in our countries.
We found similar trends in our three markets: Read more….
Read more…Opportunities In Sweden & Norway For U.S. Strategic Buyers: Part I – Sweden
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