Axcension mergers, acquisitions and divestitures

Patents

One of the best ways to protect your intellectual property is a software patent. This can be a "patent on any performance of a computer realized by means of a computer program." Axcension propose an alternative way of identifying software patents that is more easily used in practice.

A related term is computer-implemented invention (CII), which is used by the European Patent Office (EPO). One EPO definition of a CII is "an invention whose implementation involves the use of a computer, computer network or other programmable apparatus, the invention having one or more features which are realized wholly or partly by means of a computer program."

There is intense debate as to what extent either software patents or patents on computer-implemented inventions should be granted, if at all. Different aspects of this debate include:

The extent to which patents for processes implemented in software should be patentable as a matter of policy; and
The inventive step and non-obviousness requirements that should be met for a patent involving software.

Incorporation

A corporation is a separate and distinct legal entity. This means that a corporation can open a bank account, own property and do business, all under its own name. The primary advantage of a corporation is that its owners, known as stockholders or shareholders, are not personally liable for the debts and liabilities of the corporation. For example, if a corporation gets sued and is forced into bankruptcy, the owners will not be required to pay the debt with their own money. If the assets of the corporation are not enough to cover the debts, the creditors cannot go after the stockholders, directors or officers of the corporation to recover any shortfall.

A corporation is managed by a board of directors, which is responsible for making major business decisions and overseeing the general affairs of the corporation. Like representatives in Congress, directors are elected by the stockholders of the corporation. Officers, who run the day-to-day operations of the corporation, are appointed by the directors. To remain compliant with the law, corporate officers and directors must hold regular company meetings, the record of which is documented and maintained in the corporation's minute book.

One major disadvantage of a traditional corporation is double taxation. A traditional corporation, known as a "C-corporation," pays a corporate tax on its corporate income (the first tax). Then, when the C-corporation distributes profits to its stockholders, the stockholders pay income tax on those dividends (the second tax).

To avoid double taxation, corporations can make a special election to be taxed as a pass-through entity, like a partnership or a sole proprietorship. In other words, there is only one level of taxation. The corporate profits "pass through" to the owners, who pay taxes on the profits at their individual tax rates. Corporations that make this tax election are known as "S-corporations."

Limited Liability Company

A Limited Liability Company (LLC) is a separate legal entity (business structure) from the owners of the LLC. LLC owners are typically referred to as "members" rather than stockholders or shareholders like traditional corporations.

LLCs are becoming more and more popular, and it's easy to see why. They combine the personal liability protection of a corporation with added tax benefits where certain income, deductions, and losses can be passed through the company to the individual tax return of each member ("pass through taxation"). In other words, the owners (or "members") of a LLC are not personally liable for the company's debts and liabilities, and they have the benefit of being taxed only once on their profits similar to a partnership. This is why an LLC is frequently referred to as a hybrid of a corporation and a partnership because it offers the personal liability protection of a corporation along with a lot of the tax benefits and flexibility of a partnership.

Trademarks

A trademark is anything that is used, or intended to be used, to identify the goods of one manufacturer from the goods manufactured or sold by others. Trademarks include words, names, symbols and logos�example: McDonald's golden arches distinctly identify its products from those of other fast food restaurants. In short, trademarks are brand names. Trademarks are important business tools because they allow companies to establish their products reputation without having to worry that an inferior product will diminish their reputation or profit by deceiving the consumer.

A service mark is very similar to a trademark, except that it is used to distinguish services in the stream of commerce. Like a trademark, a service mark can include words, names, symbols and logos. Typically, trademarks appear on the actual product or its packaging, while service marks appear mostly in advertising for the services.

Copyright

A Copyright is a form of protection provided by the laws of the United States to authors of "original works of authorship", including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Material not protected by copyright (or otherwise protected) is available for use by anyone, without the author's consent. On the other hand, an author of a copyrighted work may prevent others from copying, performing or otherwise using the work without the author's consent.

Even though copyright registration is not a requirement for protection, the following are some of the reasons why you should register your copyright:

Registration establishes a public record of the copyright claim.
Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin.
If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies.

Power Of Attorney

A Power of Attorney is a written document stating that one person gives to another the full power and authority to represent him or her. The person who gives the power is the principal, and the person who receives the power is the attorney-in-fact or agent. A Power of Attorney must be signed by both the agent and the principal, witnessed by two people and notarized.

There are many ways to designate a decision-maker for you with a Power of Attorney document. You can assign a General Power of Attorney that covers all of your legal, financial and personal decisions except those pertaining to your medical care and treatment, or a Limited Power of Attorney that only covers decision-making in areas that you specify. You can have your Power of Attorney made immediately effective, which means that the agent has the power to represent you now. If you also make the Power of Attorney Durable, the agent's power to represent you will remain in effect in the event you become mentally unable to make decisions on your own (incompetent). Or, you can make it Springing, which means that it becomes effective only in the event you become incompetent.