Getting The Best Out Of Your Compromise Calculation

You may see it happening to your colleagues and there is a chance it can happy to you. There are many reasons a company will offer you a compromise agreement. It could be to insulate themselves from future legal cases, it could be to let go of a redundant employee or it even could be to let go of an employee who is not performing well. It is often used to let go of senior employees without too much of a fuss. One of the key features of a compromise agreement is that you are provided with a settlement amount, in exchange you will have to agreement not to hold the company liable for any grievances in the future.

In most cases the settlement figure is what can be the most stressful. While the company may put forth their own figure, you will need to take the help of an attorney to get yourself what you deserve. Here are some tips that can help you with the calculation.

You will first need to get organized as far as documentation goes. Bring together all your financial statements, titles, insurance coverage, and your income related information. Calculate what your disposal income is. This is basically the amount of money you are left with once you are done paying all the bills that you are liable for. It is primarily your gross income taking away all your monthly living expenses. The best way to keep track of this is to do all your calculations on worksheets.

You then need to know your net worth, which is a calculation of all your assets and what they are valued at in the present market. You will need to take the fairmarket value which is taking away any of the applicable expenses as well. These expenses could be liquidation expenses. Again a worksheet would be really useful at this point.

Then you will need to put together your disposable income and your net worth. Calculate the figure that you would have arrived at for a period of 60 months and then you will have a figure that can be considered a reasonable one to make. When it comes to the method of payment, you will have to check with your tax lawyers on what would be the best way to receive the figure. There are different ways such as check, credit card or even money order. The taxation authorities will have to informed and your lawyers will have to help you this.

Criteria for Patent Protection

If you have a great idea, you’ll want to protect it. But what exactly are the criteria for patent protection?

Patents protect new inventions. They are intended to reward inventors by providing a monopoly over commercial exploitation of the invention for a limited period. In return, the inventor is expected to fully disclose the invention so that it is available for all to use after the patent expires.

Certain types of subject-matter are specifically excluded from the possibility of patent protection. Examples include computer programs, business methods, and methods of surgery. Excluded subject matter is more fully explained in a separate article.

Assuming your invention does not fall into one of the excluded categories, a patent can be granted for an invention which is novel, involves an inventive step, and is industrially applicable.

Novelty

This is the most basic criterion. No patent can be granted to an invention which is not new. In the UK, and in most other countries, a fairly strict line is taken in assessing novelty. Any disclosure, anywhere in the world, whether it is written down or not, is potentially prejudicial to a patent application if the disclosure is before the priority date of the application.

Because prior disclosure can destroy a patent application, it is crucial to keep your invention secret until an application has been filed. However, this is not quite the whole story. There are a few cases where it might seem that an invention has been disclosed, but in fact a patent can be granted.

Disclosure must be enabling

To prejudice a patent application, it is not enough that the invention has simply been shown. It must have been disclosed in a way which would enable a skilled person to put it into practice. For example, a motor company which develops a new engine and tests it on public roads would not necessarily destroy its chances of patent protection, since a person who observes the car drive past would not be able to discern the workings of the engine.

Disclosure must be to the public

An invention may still be new if it has been disclosed only to a particular group of people. However, if there was some expectation that those people would, or even could, further disseminate that information then the disclosure is considered to be to the public. Furthermore, any document is regarded as having been disclosed to the public if members of the public could have read the document (for example, because it is in a public library), even if, in reality, nobody did read it.

Disclosure must not be in breach of confidence

If information is disclosed to a person, or to a group of people, in conditions of confidentiality, and that information is subsequently disclosed to the public in breach of confidence, a patent may still be validly applied for, provided that the application is filed within six months of the disclosure.

Although conditions of confidence can arise without any written document, obtaining a signed confidentiality agreement before disclosing your invention to anybody is always wise.

Best Practices In Validity Or Invalidity Search

Patent invalidity search aims to uncover copyright that may turn a granted patent invalid. This type of search is conducted after the issue of a patent. Invalidity search is used to invalidate blocking copyrights. The scope of search generally include published copyright applications, appropriate non copyright literature etc. The final outcome of search is used for identifying prior art. This invalidity search results generally include

• Claims mapping charts
• Electronic copies of prior art cited
• A search report

Claims in validity search

An issued patent may have certain claims. Validity search is determined by selected claims of such issued copyright. In certain situation, a confusion regarding the validity of a patent may occur during litigation. This type of search is also requested even if no lawsuits are filed. The results of patent validity search will check whether a patent is enforceable or not. Such processes are generally conducted before licensing or selling a patent. Validity search is conducted and commissioned by large law firms. It is extensive and wide ranging. The laws and rules regarding validating or invaliding will be different for different countries. But most of the government grant laws recognize grounds like:

• Publication of the invention before the priority date of patent application
• Prior public use
• Prior sales of invention

One of the important factors needed to be considered while conducting validity search is claim interpretation. The future relevant of the art can be found by broad interpretation of allowed claims. The services of an experienced attorney are essential for the conduction of patent validity or invalidity search. Database search techniques are generally used in this process. Validity search help for many purposes like:

• Valuation of a patent
• Help in acquiring royalties or other licensing agreements

Patentability search for reducing risks in acquiring patent

Patentability search is generally conducted by the inventor for patenting his invention. There is no data constraints on prior art in patentability. Filing of patent application is a complicated process and it may take lot of time and money. It is better to undertake a patentability searching before filing an application. This will help you to reduce the risks of spending money and effort for your invention. When you file a government grant application, attorneys will check whether there is anything like your product in the market. This is also known as novelty search.

Importance of patent clearance search

Patent clearance search will analyze whether you can bring your invention to the market. It checks the legal aspects regarding introducing a product or service to the market. Clearance search is entirely different from Infringement type. Infringement is for pending applications in the country where you are going to market your product. On the other hand, clearance search seeks to market your product anywhere in the world. This can be considered as a combination of infringement and patentability search. This type of searching includes published patent applications, unexpired and expired granted copyrights, non patent literature etc.