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Software company patent
A Software Company Patent is the Door to a World of Confusion
There is no universal understanding of exactly what a software company patent is. In general, owning a patent allows a company certain rights (or exclusivity) for a prescribed amount of time. Individuals or corporations seeking a patent must apply for a patent in each and every country in which they wish to have one. Unlike copyrights, patents are not automatically granted to applicants and can take quite a while in order to be approved. Another thing to remember, particularly with a software company patent, is that a patent may issue in one or more of the countries in which you've applied but not all of them.
The real problem lies in the fact that there really is no central agreement about what a software company patent actually grants among any of the nations so those who are awarded patents may not be getting exactly what they think they are getting in the process. With no universal agreement there really can't be universal enforcement about the laws and the rights surrounding a software company patent.
The growth of Internet business and e-commerce in general has led to many patent applications for software, particularly software that was designed for specific business applications. The problem is that while the cases are granted and successfully tried and defended in some countries, other countries offer no enforcement or legal recourse for those who do not honor the software company patent even if the patents were granted in those countries. The fine line between nations about what is and isn't patentable is another challenge when it comes to establishing and honoring patents. In other words, the issue of a software company patent is a rather confusing process at best.
Patents differ greatly from copyrights, which are issued automatically and recognized and enforced internationally. Copyrights protect the source code of software from being copied and registration is generally not required in order for your work to be protected.
Lately there is a new term, copyleft, which is an obvious play on words and represents the rights to not only redistribute the works that are covered by this but also to modify and freely distribute those modifications. This term is very much in the spirit of many open source types of software and music. The catch for copyleft protection is that the newly created work be distributed in the same manner and spirit in which it was received. In other words if you were freely given the software, then you must freely provide the improvements and modifications you made to that software. Of course this is a long way from the idea of a software company patent.
It is also important that you are sure you understand exactly what you are applying for as far as your patent goes. Different countries will grant patents for different things and those are closely regulated and carefully regarded when it comes to software-know what you are applying for and understand what you are being granted. A software company patent means different things to different people in different places and it nearly impossible to get other countries to honor a patent that they would not have granted at the same time they shouldn't expect other countries to honor patents based on their decision to do so either.
One unfortunate circumstance surrounding patents is that there seems to be an unequal and obvious disparity between the haves and the have not's. Patent enforcement for software, unlike literature and music is largely subjective. In literature and music, it is rather obvious that the copyright has been abused or that the work has been copied, this isn't as simple with software which is one other reason that software company patent is such a hotly debated subject in the software industry.
Copyright lawyer rating Determining what's in a Copyright Lawyer Rating You can find a copyright lawyer rating these days by doing a quick search online or by subscribing to a mailing list to the copyright lawyer guild. What goes into determining a copyright lawyer rating may be how many cases he/she has won or lost? The person that has won the most cases will be at the top of the rating chart, however someone that just comes in may be at the bottom for lack of experience. If you are searching for a copyright lawyer you will want the best but keep in mind that if they already know their copyright lawyer rating is high, their price might be raised more than the others in the field. So, make sure this is someone you want to represent you or to do your filing. If you are simply getting a copyright you probably don’t have to have the best and can go with your average rating. Someone suing you for copyright infringement or something else means you may want the best; you don’t want one that had a bad copyright lawyer rating. Do you? Today many companies are offering their own little search areas for towns, you might find a whole list of companies that need reviews and chances are those that are all bad rating are from one person. These sites are very new and popping up everywhere, the only way to find out how true the copyright lawyer rating, is by asking them. Another way they do a copyright lawyer rating is by passing out a few sheets of papers with a bunch of copyright lawyers names on them and having their peers rate them. I don’t really consider this fair because someone with the same amount of time and wants to be top in the field may mark their competition down just to get up on top. Not to mention how can they rate them when they may have never heard of them. Do you give that person a bad rating or a one star because you have no clue how they perform? Do you leave it blank? Find out why a copyright lawyer rating got the marks they did. Keep in mind that a client that didn’t win a case can have it out for them and rating them bad or review them as bad in every site that they can, which can cause a big drop in ratings, especially if they are new. Not all lawyers like that fact that just about anyone can rate them online these days, it was easier when their ratings only went with what cases they dealt with, how many they represented and their win/lose streak. There is a website called Martindale, it gives you ratings of many lawyers. This is a great site to come view to find lawyers in all types of fields, not just copyrighting. Explore it, there are a ton of reviews written by lawyers and clients, there are also legal articles, cases, events and much more for you to look at. Don’t forget about the peer ratings, which you can find person most qualified to help you. This is one place that does seem fair when giving out their copyright lawyer rating, they make sure that the top person can only be rated if they’ve been in that field for over 10 years, which makes it fair to a person that has very little experience. They won’t be on the rating list which means they won’t be at the bottom of the list. Remember, if your copyright lawyer rating isn’t up there doesn’t mean he/she is bad, they may have requested not to have it published or may not have been in the field long enough to be judge. The best judge for them will be you. Reinventing Yourself Can Make a Difference in Landing a Better Job Are you stuck in a dead end job that isn’t getting you any closer to your goals? Did you wake up one morning to find yourself knee deep in a career you never wanted and one that is not making you happy? Many people feel this way – it can be easy to “fall into” a career that you think is temporary and then get so caught up in the day to day aspects of the job that never quite get out of it. If you find yourself in this kind of rut, the good news is that it is never too late to make a fresh start. No matter what your age is or what stage in your career you are at, you can always reinvent yourself to get closer to that perfect job. All you have to do is work up the courage to make the jump. The first step in giving yourself a career makeover is identifying exactly what you want to do. While it may be true that there is always time to reinvent yourself and start over, if you have to go through the process too many times, you are only wasting valuable time that could have been spent doing what you love. Don’t fall into yet another career that isn’t all that is it cracked up to be. Think about the things that you wanted to do when you first entered the working world. What was your dream job then? What career field was your passion? Is it still what you want to be doing today? Discover your dream, and then start building your goals around it. Once you know what you want to do, the time comes to start researching it. How do most people get started in the field? Will you need to start your own business, or are there companies out there already doing what you want to do? What kinds of entry level positions are available? Will you be able to do this in your town, or would moving to another city mean more opportunities for you? Before you make the leap, research your job options carefully. You may need to plan financially for the step you are about to take, so do your homework up front. Talking to other people in the field you want to enter is a great way to get actionable advice from people who have been there. When you know what kind of experience you will need to get started in the field of your dreams, think about the experience you have had in the past, and what you have done that matches up. This can mean either work related experience or things you have done as a hobby or class you have taken in school. Be creative here – you may have experience you don’t even realize you have. For instance, if you want to open a bakery, and you are always in charge of the bake sale at your child’s school, this counts as experience. Comb through your history and pick out all of the things you have done that will give you a leg up in your new career. Last but not least, you have start creating a new image to present to the working world. Start over with a brand new resume, this time highlighting the experience you have this is relevant to your new career goals. Work on a great cover letter that explains your passion and why you want to switch fields. If you are starting your own business, work on building a website and creating a brand you can be proud of. The sooner you start living your new career, the sooner your dream job will fall into place. |