Know the laws your rights
Obtain Patent Patent Law Intellectual Property
Who may obtain a patent?
Patents are granted only to the true inventor. (If the inventor has died, then his estate may receive the patent.) However, patents (and applications) may be assigned to another individual or to a business or other legal entity.
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Buy Sell Patent Rights Intellectual Property Intellectual Property
Can I buy or sell patent rights?
Yes, if you are an inventor you may assign all or part of your interest in the patent application or patent to anyone by a properly worded assignment.
The patent application itself must be filed in the U.S. Patent and Trademark Office as the invention of the true inventor, however, and not as the invention of the person who purchased the invention from the inventor.
Just as deeds to real estate should be recorded with the local county officials to protect the parties’ rights, patent assignments should be recorded in the Patent Office to give notice to the to the public and other potential purchasers.
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what is automatic stay consumer bankruptcy
What is the automatic stay?
The “automatic stay” is a rule that prevents any creditor from doing anything at all to enforce a claim against a debtor during the bankruptcy case. The granting of the stay depends on how many bankruptcies you have filed within 1 year.
Some examples of actions by a creditor that would violate the stay are these:
(1) Filing a new lawsuit, or continuing to press a lawsuit that had already been filed.
(2) Sending dunning letters or making phone calls in an attempt to collect a debt.
(3) Filing a “financing statement” to perfect a security interest.
(4) Refusing to issue a transcript of your schooling.
(5) Canceling your driver’s license.
Exceptions: Criminal prosecution, paternity proceedings, litigation to collect child support or alimony, repaying a loan from certain types of pensions, and IRS audits are not stopped. With residential real estate leases, landlords seeking to evict tenants are free to complete evictions if the landlord already has a judgment of possession or where the eviction is based on endangerment or use of illegal substances on the leased premises. Moreover, the automatic stay doesn’t stop or postpone actions to suspend driver’s licenses and revoke professional licenses.
(Reviewed 11-08)
child support bankruptcy consumer bankruptcy
What effect does bankruptcy have on child support?
Filing for bankruptcy protection does not allow your ex to discharge past due child support obligations. Any back payments owed for child support cannot be discharged in a bankruptcy proceeding. The automatic stay does not apply to child support collection efforts.
Under the post-October 17, 2005 rules, domestic support obligations are top priority in a Chapter 7 “asset case”, where there are funds to pay creditors. The debtor should file a proof of claim to have most of his or her liquidated estate used to pay off the child support obligation.
In a Chapter 13 case, your back child support payments will be paid through your Chapter 13 plan, in addition to the regular payments due after the petition date. These support obligations must be current in order to have your Chapter 13 plan confirmed. Moreover, to obtain a discharge in a Chapter 13 case, the debtor will have to certify that all post-petition child support obligations have been met.
To put it another way, your ex’s bankruptcy case shouldn’t have any long-term effect on child support payments – and may even make it easier for him/her to make them, because he/she won’t have as much other debt – but will complicate enforcement in the short term. Practically speaking, you will need an attorney’s help.
(Reviewed 11.14.08)
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trustee powers
The provisions in a trust document defining what the trustee may and may not do.
See Topic: Wills & Estate Planning
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surrender value
See avails.
See Topic: Consumer Rights Credit Repair & Debt Business & Human Resources Wills & Estate Planning
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recording
The process of filing a copy of a deed or other document concerning real estate with the land records office for the county in which the land is located. Recording creates a public record of changes in ownership of all property in the stat
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next of kin
The closest relatives, as defined by state law, of a deceased person. Most states recognize the spouse and the nearest blood relatives as next of kin.
See Topic: Parenting & Adoption Marriage & Living Together Wills & Estate Planni
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life insurance avails
See avails.
See Topic: Consumer Rights Wills & Estate Planning
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inheritance taxes
Taxes some states impose on people or organizations who inherit property from a deceased person’s estate. The taxes are based on the value of the inherited property.
See Topic: Wills & Estate Planning
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