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May 24th, 2008

Winclear :No History Search Engine

Posted in Content, Lawyers Hall, Products + More

The main reason behind it is that “PC security” is a broad term which home users and corporate customers understand quite differently. Basically every owner of a PC or laptop wants its data safe, and don’t want uncontrolled activity inside the box like adware pop-ups. But corporate networks care about intrusions and possible loss of data that cost millions of dollars, so they have too much put at stake. Well even if your child is very smart and kind he or she is still a child so there is still a threat that they can make a wrong choice.

This scam is very simple; the thieves simply wait until some unsuspecting user who is searching for, say, airline ticket offers, finds their site offering dirt-cheap airline tickets. Really pleased with himself and looking forward to the trip, the user fills in the form, entering his credit card number, expiry date and verification value (CVV). Data loggers, key loggers are just a few programs which harvest info from your computer. Winclear is the only program created specially to auto remove such spywares. Even though the most promising spyware removal programs may not assist in cleaning an individual’s computer system. That is why every computer owner needs winclear.

Protect With Winclear :Online Privacy Violation
The company responsible for SpectorSoft is currently defending itself, stating that its program was never marketed as a way to steal information. Instead, they wrote the program to be used “legitimately” to keep tabs on business employees, spouses concerned about affairs, and keeping a watchful eye on teenagers’ internet surfing habits. Winclear is the only software which is capable of removing keylogger programs. Because they can be installed without your knowledge cookies can be installed by a third party from a website that is less than desirable. Winclear has been the industry leader in fighting keyloggers for the last 8 years.

Winclear:
One big mistake of PC owners is the constant seeking for “best antivirus”. That is the reason why you need Winclear installed onto your computer. Thus you will be able to block web sites that you think are in appropriate for young people or are not needed in the office. Protect your computer security by using Winclear! More about Winclear here: Winclear.

May 20th, 2008

How To Kitesurf

Posted in Lawyers Hall

You have been bitten by the KiteSurfing bug, you can’t wait to hit the first current to propel your body screaming 40-feet into the air and crashing into the water. With each gusts of wind your elevated high off the surface and breaking each wave as you land. The thrill associated with the sport of KiteSurfing has many able-bodied thrill seekers flocking to the beaches across the world to set sail and fly across the top of the ocean.

But before you could set your feet in the water you will need to know how to KiteSurf, if you have surfed or have sail surfed you have an immediate advantage to understand how to maneuver your board, however when KiteSurfing your feet will move a little and your arms and hands are the only thing holding you to the kite, your feet are attached to the board.

Most rookie KiteSurfers have accidents because they have trouble calculating distance and variable levels of speed that the kites can create by a gust of wind. Learning to KiteSurf through instruction and practice is by far the best way to learn and experience the heart-pounding action and gravity-defying jumps.

As with any sport there are safety precautions you should adhere to.

You must be a good swimmer. Swimming entails that if your kite flies away from you, you may have to swim after the handles or swim back to shore. Depending how far out you have gone on your board this may not be such an easy task.

You can be carded or rated by a professional instructor. This will help you understand the risks as well as the conditions that are appropriate for your time out on the water. Your instructor should be certified by the IKO, International KiteSurfing Organization. Never go out with a friend, it could prove disastrous.

You should always wear a helmet. Like bicycle laws they are encouraged in some countries and mandatory in others. Your head is the most delicate part of your body, if you crash into the sea at a high-rate of speed or run into rocks your chances of suffering head trauma can be disabling.

Watch the weather conditions. It is important to understand the weather and the effects of strong wind and how it can play havoc on avid KiteSurfers.

Other guidelines you will learn along the way will be important and somewhat common knowledge but it is good to go over the basics to make sure you and the people around you remain safe as you launch.

  • Never launch kites in crowded swimming areas
  • Do not lay your lines out along the beach
  • Whenever possible try not to launch kite from the sand
  • Be willing to help KiteSurfers as they re-enter the beach
  • When making jumps in the water, measure the downwind zone
  • If you can not swim far distances avoid going deep into the ocean
  • Use your self-rescue signals when killing power to the kite
  • Always wear a life-jacket or a buoyancy jacket.

By following the simple rules you can keep yourself as well as those around you safe during launch and re-entry to the beach.

Jakob Jelling is the founder of http://www.kitesurfingnow.com. Visit his kitesite for the latest on kitesurfing equipment, kiteboarding lessons, places to surf and much more!

May 16th, 2008

How to make a last will and testament.

Posted in Lawyers Hall

Everyone should make a will. It isn’t a morbid thing to do, and
in fact is just plain commonsense to do to ensure WHAT you have
goes to WHO you want to have it, in due time of course! Here are
a few simple steps for you take:

Decide what to include in your will. To get started, list your
major items - property, shares etc..

Keep in mind that if you’re married, each spouse makes a
separate will. You can leave only your share of assets you own
jointly with your spouse.

Decide who will inherit your property. For most people, it isn’t
hard to decide who gets what. (But if you are considering
leaving your spouse or children out of your will, remember that
in many places spouses have a legal right to a proportion of
your estate.) After you make your first choices, don’t forget to
choose alternate (contingent) beneficiaries, too, in case your
first choices don’t survive you.

Choose an executor to handle your estate. Every will must name
someone to serve as executor, to carry out the terms of the
will. Be sure that the person you have in mind is willing to act
in this capacity.

Choose a guardian for your children. If your children are under
legal adult age, decide who you want to raise them in the very
unlikely event that you and their other parent can’t.

Choose someone to manage the children’s property. If you leave
property to children or young adults, you should choose an adult
to manage whatever they inherit. To give that person authority
over the child’s inheritance most localities have a law that you
can make him or her a property guardian, a property custodian or
a trustee.

Sign your the Last Will
And Testament in front of witnesses. After making your will
you’ll need to sign it in the presence of at least two
witnesses. If you’re using a document called a “self-proving
affidavit” with your will (to make things simpler when the will
goes through probate court after your death), your signature
must be notarized as well.

Store your will safely. Tell your executor where your will is
and how to get access to it when the time comes.

Remember too that there are other types of will. Living wills,
for example and video wills, but remember that in almost all
cases it is the correctly created written will and testament
that carries the legal weight.

Interested in this subject? Try this link for more of the same

April 22nd, 2008

Patent Writing India - The Patent Amendment Act, 2002

Posted in Lawyers Hall

The Patents (Amendment) Act, 2002 was passed by Parliament in May, 2002 and notified in June, 2003. The Act has been made effective from May, 2003 and has brought about lot of changes.

Salient Features:
The salient features of the Patents (Amendment) Act 2002 are as follows:

A. Modification of term invention:

The Sec. 2 (1)(j) of Patent (Amendment) Act 2002, defines the term “invention” as “a new product or process involving an inventive step and capable of industrial application” Where “Inventive step” means a feature that makes the invention not obvious to person skilled in the art.
Earlier “invention” means any new and useful -

(i) Art, process, method or manner of manufacture;
(ii) Machine, apparatus or other article;

(iii) Substance produced by manufacture;
and includes any new and useful improvement of any of them, and an alleged invention.

B. Examination of application (Sec. 11(b)):

India has opted for a deferred examination system. This means the Controller will not initiate examination of the application. Examination of an application will now be taken up only upon request by applicant or in the Form 19 with fees of Rs.1000 for individual applicant or Rs. 3000 for legal entity other than an individual, at the appropriate office of the Patent office (Rule 24).

The request is to be made within forty-eight months from the application filing date. Where an application was filed prior to May 20, 2003 (i.e. before the commencement of the Patent (Amendment) Act 2002), a request for examination is required to be made within a period of twelve months from May 20, 2003 or forty-eight months from the filing date, whichever is later. Upon failure to request examination, the application shall be treated as withdrawn by the applicant. The applicant or agents can also withdraw the application at any time (before the grant of the patent) after filing the application.

C. Publication/Notification of the Application (Sec. 11 (a)):

After the expiry of 18 months from the date of filing or the date of priority whichever is earlier, the Controller will notify the contents of the applications falling within the provision in the Gazette of India Part-III Sec.2 (Rule 25).

D. Term of Patent (Sec.53):

The term of patent has been enlarged to twenty years for existing patents and patents granted on pending applications. This term is calculated from the date of filing of the application.

Earlier the term of patent for method or process of manufacture of substance (e.g. food, medicines, drugs etc.) was five years from the date of the sealing of the patent, or seven years from the date of patent whichever period is shorter and in respect of any other invention, fourteen years from the date of the patent.

E. Burden of proof (Sec. 104 A):

The burden of proof in a proceeding for process patent infringement has been reversed and imposed on Defendant.

F. Fees (First Schedule):

The fees for filing a new application for patents has been reduced from Rs. 1500 to Rs. 750 in the case of an individual applicant and from Rs. 5000 to Rs. 3000 in the case of legal entity.

G. Prohibition to apply abroad (Sec. 39):

No person shall file an application or patent for an invention without applying in India or without the written permission of the Central Govt. If the applicant is not interested to secure a patent in India or the invention is not patentable according to the Indian law, he has to mandatorilly file an application for the said invention and has to wait for the expiry of six weeks after filing the application and then only file the corresponding application abroad for the same invention.

H. Date of Patent (Sec. 45):

The date of every patent will be the date of filing the application for patent. According to The Patent Act 1970, the date of patent was the date of filing of complete specification. The date of patent is very important to determine the term of parent.

I. Rights of patentee (sec.48):

The rights can be consider as negative because the rights of patentee, in the case of product patent, prevent third parties without the consent of the patentee, from making, using, offering for sale, selling or importing into India and the rights in the case of process patent, prevent third parties without the consent of the patentee, from the act of using that process and offering for sale or selling in India or importing for those purposes the product obtain directly by that process, provided that the product obtained is not patentable under the Act.

J. The Powers of the Branch Office (Rule 4):

The branch offices of the Patent office have been vested with more powers. Under Sec. 68 the actions such as making a request of sealing of patents, registration of assignment (under Sec. 68) etc has to be made in the appropriate Branch offices of the Patent office and not at the Head Office as the case earlier.

K. Appellate Board (Sec. 2 (1a)):

Appeal Board appointed under the Trade and Merchandise Marks Act 1999 shall be the Appeal Board for purposes of Patents Act. This Appellate Board hears and decides appeals from the decision of the controller. The Head Quarter of the Appeal Board is to be in Chennai.

It is clear that the definition of term invention in Patent Act, 2002 has enlarged the scope of protection. The controller has also been vested with the power to consider the question of obviousness of the invention disclosed while conducting the examination of application for considering the grant of a patent for the invention. In this context it should be noted that in the Patent Act, 1970 the Controller has no direct power to consider the question of obviousness. The power is only for the opponents while opposing the draft of patents under Sec. 25 of the Patent Act, 1970. The effect of this amendment is that it may not be possible to get a patent for trivial modifications.

L. Time for placing the application in order for acceptance (Sec. 21):
The time frame for putting an application in order for acceptance subsequent to its first examination has been shortened to 12 months (non-extendible) from the date of First Examination Report (FER). The first reply to the first examination report is required to be made within 4 months of the date of its issuance.

M. Unity of Invention (Sec. 10(5)):

The concept of ‘unity of invention’ has been broadened to include a group of inventions linked so as to form a single inventive concept. The claims in a specification should relate to a single invention or a group of invention linked so as to form a single inventive concept. Now, by this amendment it may be possible to claim more than one process in a single application if these processes fall under one group and are closely linked.

N. Electronic Communication (Rule 6):

The documents can also be filed by electronic transmission duly authenticated. In that event the document should be clear, properly addressed and mailed and its original has to be submitted within fifteen days from the date of receipt of communication. The drawings can also be filed electronically.

O. Statement and Undertaking (Rule 12(4)):

For filing the Statement and Undertaking on Form 3 a provision has been provided to seek extension beyond three months.

P. Declaration of inventor-ship (Rule13 (6)):

The declaration of inventor ship on Form 5 should be filed along with the complete specification. An extension of one month beyond this period can be secured by filing a request on Form 4 with the fees Rs. 250/- pm if the applicant is an individual or Rs. 1000/- pm if the applicant is a legal entity.

Q. Abstract (Rule 13 (a) to (d)):

While filing the application accompanied with a complete specification, an abstract of the invention maximum 150 words have to be filed.

R. Application (Rule 20 (1)):

An application for patent corresponding to International application (PCT application) has to be filed on Form 1 A.

S. Licenses of right (Sec. 86 to 88):

The Provisions relating to “licenses of right” deleted.

T. Restoration of lapsed patent (Sec. 60):

The time for filing the request for restoration of the lapsed patent has been extended from one year to eighteen months.

Sandy Kathuria

Marketing Manager
Patent Writing India