California Business Law Attorney?s Guide to Making Money in the Future – Patents

In these difficult economic times, new businesses are much riskier to try, but there is no more lucrative an area even in the current conditions than for an inventor or designer who can create a new invention or process and who can afford to have it patented.

Whether you live in San Diego, Orange County, Los Angeles, Long Beach, Santa Barbara, Rancho Cucamonga, Ontario, Temecula, Anaheim, Irvine, Huntington Beach, Laguna Beach, Newport Beach, Santa Ana, Encinitas or Palm Springs conditions are much the same throughout California. Business is slow and much of what little real estate is selling are the foreclosed homes.

As a Business Lawyer in Southern California, people are always asking me for the next great area of business in which they can make money and what legal restrictions there might be in the future. When asked these questions the one place I don’t turn to is those newsletters that tell you how much money you would have made if you had followed their advice and invested in certain stocks or gone into the cell phone business.

For the most part, however, you can almost certainly bet that their advice is wrong, so you can likely assume that the opposite of their advice would offer a better chance of success.

Many newsletters are still focused on getting into businesses that rely on the consumer having discretionary cash to purchase unnecessary items. That’s probably not just bad advice, it’s lousy advice. Television commercials telling you that you can make tens of thousands a month working from home are a way to take your money for seminars, books and other materials that most likely in the end will cost you more than you’ll ever make, once you add in your start up costs.

On the other hand, one or two of the ideas being touted may be the fad of the future, no matter how little money people have to spend. For instance, if people will buy expensive clothes for their dogs, does that mean that they’ll buy little prom dresses for their infants? Hard to say.

However, if the high heeled shoes cause injuries to those infants, you can see the lawsuits coming already.

What’s the next item we can’t do without or that we like just fine now, but would pay an extra to have a designer version of that item? That depends as much on good marketing and a good business plan as the good idea. If you have that and the resources to start production, create a website, hire a search engine optimizer to help your website get noticed on search engines and then know how to create publicity for your product, you are halfway home. But all of that costs money, lots of money, or lots and lots of time. But if the design is unique, it may make much more sense to apply for a design patent and then to license or sell your patent outright to another manufacturer.

One item that makes business run is credit. But all you hear in the news is how hard it is now to get credit for a house, for a business, for anything. You can therefore almost certainly count on new businesses popping up that offer their services in finding you credit. While this area of business is already regulated, as more and more scammers get into this business, you can be certain that more regulation will follow.

The difficulty with this type of business is that you may find it difficult not to be brushed with the same paint brush as the unscrupulous businesses who will guarantee to find a person credit for a fee and then either take the money and run or simply offer excuses why it was impossible for them to find their customer the credit they promised.

An area where there appears to be an opportunity in these times is helping others and in doing so, you may help yourself. Consumers need real help to survive this economic mess. Web sites that actually provide a service such as locating cheap gas, coupons for groceries, clothing sales or other basic necessities may be the one area in which there could be demand by the consumer. This type of service will require a lot of free advice, however, time and people to gather this information and it still could be difficult to recoup your investment.

Perhaps the best way that still exists to make a lot of money is if you can develop an idea for an invention. Utility patents are very expensive to obtain using a lawyer. Most charge from ,500 on up depending upon the complexity. However, you can obtain a provisional patent or a design patent for substantially less and as soon as the application has been accepted (as opposed to when the patent is granted, which takes much longer) you can begin to market your invention to other companies and either license your patent pending invention to them or sell it outright.

So start thinking about what hasn’t yet been invented, or improved upon in an important way, and if you need assistance with obtaining a patent, trademark or copyright, call us or visit us at our website where you can access much more information about intellectual property.

Military Home Buyer Guide

INTRODUCTION

If you’re in the military and considering buying a home, there are some issues you should consider that are unique to active-duty military members. Some of these issue include: the decision to rent vs. buy, advantages and disadvantages of getting a Veterans Administration (VA) guaranteed loan, and other issues related to finding a home and closing the deal.

SHOULD I RENT OR BUY?

The answer is, it depends. The main complication for military homebuyers is that the duration of an assignment to any Command is usually limited to just a few years. Therefore, the potential price appreciation of a home is a key consideration. If a home is likely to appreciate during your assignment more than the fees associated with selling the property, then it may make sense to buy. However, if you are moving to a region in which home prices are likely to remain stable or decline during your residency, then it probably doesn’t make sense to buy a home. Keep in mind that conventional fees for selling a home range from 5% to 7% of the home’s price, so factor this into your cost-benefit analysis.

It’s also hard to predict how easy or difficult it may be to sell a home when you are ready to move. Although there are many factors that impact this issue, homes tend to sell quickly if demand exceeds supply, and slower, when there are too many homes and few buyers.

Besides the issue of price appreciation, there are some circumstances in which it may make sense to buy a property. For example, if you are moving to a community that you could be your final retirement destination, then you may want to buy a property during your assignment. Since property values tend to increase over time, this would allow you to buy a home at a lower price and hold on to it until you retire. In this situation, military homebuyers usually rent out their home after being transferred to another assignment, and then return to the property at retirement.

If you’re considering holding onto the property for rental purposes, be sure you understand the typical costs involved in maintaining a rental property. Some of these costs include: rental agent or property manager fee (if used), maintenance and repairs, property taxes, property insurance, etc. You should determine if the benefits of retaining the property outweigh the costs of being an out-of-town landlord.

The obvious dilemma is that no one can predict the future; your decision should be based on the advise of experts and your own research and judgment.

VETERANS ADMINISTRATION GUARANTEED HOME LOANS

Ok. You’ve decided to buy, now what? Well, its time to start looking into getting a loan. If you’re in the military, then you are probably eligible for a VA-guaranteed loan. In addition, many reservists and veterans are also eligible, but check with your local VA office to find out if you qualify. One other VA rule to keep in mind; you must intend to occupy the property you plan to purchase.

The first step in getting a VA-guaranteed loan is to obtain a Certificate of Eligibility (COE) from the VA. You can apply for the COE by completing VA Form 26-1880, which is available on the VA’s web site. After getting the COE, you are now ready to begin the home loan process.

With your COE in hand, find a lender or mortgage broker who is familiar with doing VA-guaranteed loans. To find these people, ask for referrals from your friends, accountant, attorney, real estate agent, etc. Keep in mind that the home loan business is a competitive industry, and you want to select a lender who can get you the best deal.

You should know that private lenders provide the money for VA-guaranteed loans, and if you don’t repay the loan, the federal government will reimburse the lender up to 25% of the loan amount (but not to exceed 4,250 as of 2006). While the government will reimburse a portion of the loan amount, you will still be held responsible for the debt, so it’s in your best interest not to default on the loan.

SHOULD I GET A VA GUARANTEED LOAN OR A TRADITIONA LOAN

The answer depends based on your situation. In addition to typical costs associated with a loan, the VA-guaranteed loans charge a funding fee ranging from 1.25% to 2.4% of the loan amount (as of 2006), depending on the amount of your down payment. This fee certainly adds to your costs. Some non-VA loans also have similar fees, so it’s important to compare the details of various loan options. Ask your lender to provide you a written Good Faith Estimate (GFE) for both VA and conventional loans. The GFE provides an itemization of the predicated costs associated with different loan types. This will help you to compare loan products and reduce any ambiguity on what a particular lender can provide. Remember, the home loan business is a competitive industry, so be sure to compare different lenders to see who can get you the best deal.

GETTING A LOAN PRE-APPROVAL LETTER

As you talk to different lenders, they will all ask you about how much money you make, how much debt you have, your credit rating, and other financial questions. Based on this information, they will give you an idea of how much you can afford, as well as the predicted monthly payment on your home loan. If you qualify, they will also give you Loan Pre-Approval Letter, which is important because it lets home sellers know that you are a serious buyer.

HOW DO I FIND A HOUSE THAT I LIKE?

Probably the most useful thing you can do to locate a house that meets your needs is to first locate a Real Estate Agent (sometimes called Realtor) to help you. In most circumstances, the home seller pays the buyer’s agent, so there is no cost to you for using an agent. Find an agent who lives and works in the community that you are moving to. It’s also helpful if you can find an agent who has experience working with military homebuyers. You should let the agent know your price range, the type of property you need, the kind of community you want to live in, the size of house you desire, and all the other factors that are important to you.

Your Real Estate Agent should do at least the following:

1. Advise you about lenders they know who can provide competitive bids on your home loan.

2. Get you access to the MLS from their website so that you can search for homes yourself if you wish.

3. Set up automated property notifications so that you receive emails of any homes that come on the market that meet your criteria.

4. Advise you about the advantages and disadvantages of buying a home in different communities. Recommend different communities based on your unique needs.

5. Advise you about the differences between a condo, townhouse and a single-family home.

6. Estimate driving times (rush hour vs. off hours) from different communities to your job or other frequent destination.

7. Provide information about local resources such as schools, libraries, shopping centers, etc.

8. Take you to different homes until you find the one you like.

9. Recommend an offer price (usually a range) based on their research and experience.

10. Prepare written offer documents and negotiate on your behalf to get you the best deal possible.

11. Help you throughout the home closing/escrow process.

There are many other aspects of home buying that your Realtor should be able to help you with. The list above is simply a starting point of the areas that you should expect help from your agent.

FOUND A HOUSE THAT YOU LIKE…NOW WHAT?

The short answer is that you have to make an offer on the property that is attractive enough to be accepted by the seller. Your Real Estate Agent should guide you through all the important issues you need to consider when making an offer. In addition to the price you are willing to pay, you should decide if you want a home inspection, when you would like to move into the home, how much deposit you are willing to provide, etc. Keep in mind that in a market where there are many buyers and few home sellers, offer prices tend to increase. Conversely, in a market when there are too many sellers and few homebuyers, offer prices tend to decline. Again, your agent should advise you about the various issues you need to consider at this point in the process.

Once you have determined your offer price and considered all other relevant information, your agent will prepare a written offer document, which is then delivered to the seller’s agent. The seller will review your offer and either accept your terms, reject the offer altogether, or make a counter offer.

If your offer is ultimately accepted, there are many things that need to occur before you become the owner and move into the house. These steps typically take at least 30 to 45 days after the offer has been accepted. This process is known as “closing” or “escrow.” Your agent can advise you about the various activities that occur during the closing/ escrow process, and the actions you need to take during this time.

During the closing/escrow process, there are many service providers such as home appraisers, home inspectors, termite inspectors, title companies, escrow companies, real estate attorneys, and others, who will provide you services. These services are typically required by your lender to process the loan, or by local law and regulation to transfer the property. These providers charge a fee for their services, which are collectively known as “closing costs.” The Good Faith Estimate mentioned previously should have an estimate of the amount of these closing costs.

BOTTOM LINE

Buying a home, condo or any other type of real estate can be a complicated process. However, by doing some research beforehand, and finding a good Realtor and lender, you should have a smooth and successful experience.

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San Jose Travel Guide

San Jose is a city of cultural diversity unified under a peaceful and affluent governance. From being a simple Californian farming pueblo in 1777, San José grew into one of the largest cities in the United States, a home to almost one million residents enjoying excellent academic institutions, businesses and corporations, health facilities, and recreational and entertainment arenas.

One of the safest metropolitan areas in the country, having an unparalleled city record of public safety. This in spite of its wide cultural division, a city that speaks more than 50 different languages, and consists of people of various ethnicities, from White to Afro-american to Hispanic to Asian to European. Presently San José is Califronia’s third largest city, next to Los Angeles and San Diego.

As a tourist city, San Jose has a number of hotels for all kinds of travelers and budget. Accommodation properties are mostly situated in cozy locations, and nearby shops, restaurants, and attractions. In terms of star quality, customer service satisfaction, and popularity, these are the top three hotels in Silicon Valley’s capital city.

Blossom Hill Apartments is popular in San Jose for providing affordable yet very beautiful housing units. Located near shopping malls, restaurants, major roads, and very accessible to public transportation, this is the best apartment compound for city long-term city transients who want to live in lush community with a dozen of amenities, from swimming pool, to fitness center, to picnic area to sports facilities.

In spite of the tag price of relocating to San Jose, many people from nearby cities and states pursue living in Silicon Valley’s paradise. In the past few months, amidst the haunting global recession, sales of housing properties still grew. For more information On San Jose Travel Guide visit the website, http://sanjose.net

A Quick Guide To San Diego

With its year-round tropical climate, San Diego, California, is one of the most popular vacation spots for tourists around the globe. From sailing and hiking to surfing and skiing, the city offers a plethora of activities. What’s more is that San Diego is a hop, skip and a jump away from Tijuana-an exciting alternative to California living.

San Diego is comprised of several communities all offering a unique personality. Deemed an official U.S. naval city, San Diego is home to thousands of military personnel. In fact, one third of the U.S. Naval Pacific Fleet is stationed in San Diego Bay. The city’s abundant access to water makes it an ideal location for our country’s seamen. San Diego is a hub for recreational sailors, too.

Seaport Village is home to several luxury yachts as well as a wide variety of charter services. Spend a day at sea whale watching or just kick back and enjoy San Diego’s beautiful coastline.

Head to what is considered North County and pay a visit to the Del Mar Fairgrounds. From mid-July to early September, the fairgrounds are converted into the legendary Del Mar Racetrack. The horseracing venue once served as a stomping ground for some of the world’s most influential entertainers such as Jimmy Durante, Ava Gardner, Pat O’Brien, and of course the legendary Seabiscuit. Another notable, Bing Crosby, not only frequented the track, but founded it in 1937.

Crosby is the voice behind the famous “Where the Turf Meets the Surf” anthem. Opening day draws massive crowds, all adorned in the finest fashions and many participating in the infamous “Big Hat Day” festivities. With plenty of grandstand boxes available, a vast amount of local eateries and private clubs, the Del Mar Racetrack is the place to see-and be-seen.

In the heart of the city you will find Mission Valley-a central haven for some of San Diego’s best shopping. The outdoor Fashion Valley Mall features designer boutiques as well as premiere department store giants including Saks Fifth Avenue, Neiman Marcus, Nordstrom and Bloomingdales. Just one exit away is Qualcomm Stadium, home to the San Diego Chargers.

San Diego’s downtown Gaslamp District boasts plenty of boutiques, top-notch restaurants, five-star luxury hotels, and a whole street lined with some of the city’s most popular nightclubs. A newer addition to the downtown area is the state-of-the-art San Diego Padre’s stadium, Petco Park. The Gaslamp District caters to the swarms of tourists by offering activities such as sight-seeing charter buses, pedicabs and horse-drawn carriage rides.

And with the city’s trolley system in place the perils of parking are easily avoided. Luxury hotels in San Diego include the Manchester Grand Hyatt, Hotel Solamar, Horton Grand Hotel, The Omni, The Westin Horton Plaza, The W San Diego, the Hard Rock Hotel, the Westgate Hotel, and more. Take a closer look at luxury hotels in San Diego.

Experience California’s history while strolling through Old Town San Diego. As the first European settlement in what is now California, Old Town has been dubbed the state’s birthplace. The cultural landmark- home to the first California mission showcases Spanish history through its Bazaar del Mundo. Another popular attraction is the oh-so-creepy Whaley house, which offers insight into what some people call Haunted San Diego.

When people think of San Diego the thought of bikini-clad beaches is often what first enters their heads. San Diego has earned this reputation for good reason as its coastline offers some of California’s best natural beaches. There are plenty of beach communities that seem to cater to every stereotype out there.

First off, there is the overcrowded (but fabulous) Pacific Beach, which offers party-goers a wide variety of hotspots all within walking distance from each other. Travel a little south and you will hit Mission Beach, which offers all the perks of P.B. with the added luxury of Belmont Park. Keep heading south and you will end up in Ocean Beach, a small community filled with vintage shops, dive bars, and some wonderful undiscovered little cafes and restaurants.
San Diego Bay is yet another popular destination, known mainly for its ample water-sports.

And with neighboring mountain ranges in close proximity, San Diego is ideal for avid skiers and snowboarders alike. The kiddos will enjoy the famous San Diego Zoo, Wildlife Park, and Legoland. And adults will find a playground of their own as the county also offers several Indian gaming sites, casinos and luxury resorts.

With so many well-traveled attractions and tourist destinations, San Diego has experienced rapid growth. This means that those looking for investment opportunities will find a surplus of resources in its flourishing market. Some of San Diego’s most prime real estate is located in the coastal community of La Jolla, as well as in the high-rising downtown condominiums and lofts.

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