Non-Provisional Patent - Learn More on UpCounsel What is a Non-Provisional Patent? A non-provisional patent is a standard patent that protects an invention for 14-20 years within the United States, depending on the type of patent. A non-provisional patent requires much more detail compared to a provisional patent. You also need to include a description that would allow another person of ordinary skill to recreate your invention, unlike in a provisional patent. An invention’s filing date is established by a non-provisional patent. The challenge in creating a non-provisional patent application is all in drafting the specifications. Need help with filing a non-provisional patent? If so, you can easily find and connect with a quality patent attorney on Upcounsel who can help answer your questions today!
Equity Incentive Plan - Free Document Download Equity Incentive Plan 1. Purposes of the Plan. 2. 2.1. 2.1.1. 2.1.2. 2.1.3. 2.1.3.1. 2.1.3.2. 2.1.3.3. 2.2. 2.3. 2.4. 2.5. 2.6. 2.7. 2.8. 2.9. 2.10. 2.11. 2.12. 2.13. 2.14. 2.15. 2.15.1. 2.15.2. 2.15.3. 2.16. 2.17. 2.18. 2.19. 2.20. 2.21. 2.22. 2.23. 2.24. 2.25. 2.26. 2.27. 2.28. 2.29. 2.30. 2.31. 2.32. 2.33. 2.34. 3. 4. 4.1. 4.2. 4.3. 4.3.1. to determine the Fair Market Value; 4.3.2. to select the Service Providers to whom the Awards may from time to time be granted hereunder; 4.3.3. to determine the number of Shares to be covered by each such award granted hereunder; 4.3.4. to approve forms of agreement for use under the Plan; 4.3.6. to determine whether to offer to buyout a previously granted Option as provided in Section 10(i) hereof and to determine the terms and conditions of such offer and buyout (including whether payment is to be made in cash or Shares); 4.3.9. to amend the Plan or any Awards granted under the Plan as provided in Section 15 hereof; and 4.4. 4.5. 5. 6. 6.1. 6.2. 7.
Crowdfunding Laws: Will They Help or Hurt My Business? It seems like new buzzwords pop up all the time and the one that I am hearing a lot about lately is “crowdfunding.” I know it’s been around for several years, but it seems to be picking up speed and becoming a readily accepted method of fundraising for both nonprofit and entrepreneurial ventures. As this new virtual tool continues to gain popularity, laws have been passed to regulate these financial exchanges. If you are crowdfunding or are just curious about garnering additional funds for your small business, there are a few guidelines that you should be aware of. Let’s get some of the basics out of the way first. If you’re not familiar with crowdfunding, Chance Barnett of Forbes provides a great explanation: “There are 2 main models or types of crowdfunding. “The second and more recent model is investment crowdfunding, where businesses seeking capital sell ownership stakes online in the form of equity or debt. Now keep in mind that the JOBS Act was passed back in 2012. Comments
S Corporation - What is an S Corp? Learn More about an S Corporation below An S Corporation, commonly referred to as an "S Corp" is simply a corporation that has filed a document with the IRS to become a special type of corporation. The main difference deals with taxation issues, but additionally an S Corp only allows a specific amount of stock to be distributed and all holders must be residents of the United States. Shareholders rights are much simpler here and double-taxation that occurs with a C corporation’s income is eliminated. Advantages of an S Corp: An S corporation has a single level of taxation, where a C corporation is taxed on its earnings, and its shareholders pay a second tax when corporate earnings are distributed to them via dividends Shareholders of an S corporation may deduct their share of the corporation’s net operating loss on their individual tax returns. Disadvantages of an S Corp:
What is a DMCA Takedown Notice? Copyright laws and the Internet seem almost at odds. After all, how can anyone monitor the over half a billion (yes, billion) websites that exist? Moreover, if your original work does end up on another’s website, how do you file suit? Then again, if someone sends you a DMCA Takedown Notice, what the heck is it and is it binding? The last two questions can be answered by explaining the function of a DMCA Takedown Notice. Now that probably doesn’t apply to you, but that is the first function of the DMCA. 1. 2. 3. 4. 5. 6. If you’re planning to file a DMCA Takedown Notice, you should first take screenshots of the material that has been illegally used then contact your Internet lawyer to ensure that you follow the procedures carefully. If you’ve been served a DMCA Takedown Notice you should request a full copy to see what material is under fire and the web address that it is located under. About Author Christina Morales Comments comments
Equity Incentive Plan - Free Document Download 1. Purposes of the Plan. The purposes of the [Current Year] Equity Incentive Plan are to attract and retain the best available personnel for positions of substantial responsibility, to provide additional incentive to Employees, Directors and Consultants and to promote the success of the Company’s business. Options granted under the Plan may be Incentive Stock Options or Nonstatutory Stock Options, as determined by the Administrator at the time of grant. 2. 2.1. 2.1.1. 2.1.2. 2.1.3. 2.1.3.1. 2.1.3.2. 2.1.3.3. 2.2. 2.3. 2.4. 2.5. 2.6. 2.7. 2.8. 2.9. 2.10. 2.11. 2.12. 2.13. 2.14. 2.15. 2.15.1. 2.15.2. 2.15.3. 2.16. 2.17. 2.18. 2.19. 2.20. 2.21. 2.22. 2.23. 2.24. 2.25. 2.26. 2.27. 2.28. 2.29. 2.30. 2.31. 2.32. 2.33. 2.34. 3. 4. 4.1. 4.2. 4.3. 4.3.1. to determine the Fair Market Value; 4.3.2. to select the Service Providers to whom the Awards may from time to time be granted hereunder; 4.3.3. to determine the number of Shares to be covered by each such award granted hereunder; 4.4. 4.5. 5. 6.
Intellectual Property Law - Learn About IP Law on UpCounsel A Guide to Intellectual Property Law In the United States, property law has been put in place to encourage the free flow of exchange. Intellectual property law is the only part of this that is the exact opposite. Instead, the purpose of intellectual property laws are to encourage new technologies, artistic expressions and inventions while promoting economic growth. Intellectual property comprises of three main categories: trademark law, copyright law and patent law. Other categories or subcategories from these big three include: industrial design rights, trade dress, and trade secrets. In general, patents protect inventions of tangible things; copyrights protect various forms of written and artistic expression and trademarks protect a name or symbol that identifies the source of the goods or services. Startup companies are often plagued by poor legal work in the field of intellectual property. Need help with an Intellectual Property Law issue?
C Corporation - What is a C Corp? Learn More about an C Corporation below Allows for unlimited amount of shareholders and can be owned by other corporations such as LLC’s or even trusts. C-Corps have more flexibility as well with shareholder rights and ownership, but typically face tougher tax implications because of this. This has to deal with a corporation’s ability to offer ownership shares in the business through stock offerings when a corporation goes public through an IPO (Initial Public Offering). Advantages of a C Corp: The primary advantage of starting a C corporation is the ability to have as many owners as you want Possibility of double-taxation, but is given more tax-deductible business expenses There is limited liability for directors, officers, shareholders and employees. Disadvantages of a C Corp: The main disadvantage of a C corporation is the double taxation feature.
Corporations - Learn about types of Corporations Learn more about the types of Corporations below: Corporation A corporation is an independent legal entity distinct from its owners. The law views a corporation as a distinct legal person that can enter into contracts, incur debt, and pay taxes apart from its owners. The owners of a corporation also have the benefit of having limited liability. When most people refer to a corporation, they actually mean a “C Corporation,” but you can also form a special type of corporation called an “S Corporation.” Both types of corporations have more in common than in opposition. A corporation is set-up to have shareholders own the business in a way that allows for limited liability to only the amount of money they put into the corporation. Both have unique features that we have displayed below: C Corporation (C Corps) C Corps allow for an unlimited amount of shareholders and can be owned by other corporations such as LLC’s or even trusts. S Corporation (S Corps)
upcounsel A Guide on How to Incorporate a Business There are several steps required to legally incorporate a business. The first step is to file a document called “articles of incorporation.” This document is filed with the corporations division of their state department and the cost will vary depending on your individual state of incorporation. Next, you will need: the name of your corporation, the address, the registered agent and possibly the name of the corporation’s directors. Additionally, you will need to state the purpose of the intended corporation as well as the amount and types of capital stock your corporation will be authorized to issue. There are a few requirements that vary when incorporating an S Corporation, but it is relatively the same process as incorporating a C Corporation - just with more finite rules that are tailored to that specific corporation. Need help incorporating a business?
Real Estate Law - Learn about Real Estate Law on UpCounsel Learn more about Real Estate Law Real estate law encompasses the rights to possess, transfer use and enjoy land and the permanent manmade additions attached to it. A wide body of federal and state statutes as well as common law or case law governs real estate transactions. Common examples are transfers in interests of property, landlord tenant law and real property financing including deeds and mortgages. Individual states will have significantly different real estate law from each other. Another big part of real estate law is a legal concept called marketable title. Some people who own a house find out only when they begin the process to sell their property that an extra person has an interest in the property, which would mean they could not transfer the entire interest in the property to someone else. Mortgage law, deeds and insurance titles are some of the most common areas for real estate lawyers. Need help with a Real Estate Law issue?