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Patents, Registered Designs, Trade Marks & Copyright For Dummies® |
1 |
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About the Authors |
5 |
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Dedication |
7 |
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Authors’ Acknowledgements |
7 |
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Contents at a Glance |
9 |
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Table of Contents |
11 |
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Forewords |
21 |
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Introduction |
23 |
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About This Book |
23 |
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Conventions Used in This Book |
24 |
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Foolish Assumptions |
25 |
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How This Book Is Organised |
25 |
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Icons Used in This Book |
27 |
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Where to Go from Here |
28 |
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Part I: Covering Your Assets: Intellectual Property Basics |
29 |
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Chapter 1: Examining the Tools in Your IP Box |
31 |
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Buying into Intellectual Property |
31 |
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Exploring the Patent Process |
33 |
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Considering Copyright |
35 |
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Claiming Your Identity: Trade Marks and Other Commercial Handles |
36 |
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Keeping Quiet: Trade Secrets |
38 |
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Putting Things in Writing: Looking at Contractual IP Rights |
38 |
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Putting Your IP to Work at Home and Abroad |
39 |
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Chapter 2: Protecting Your Intellectual Property |
41 |
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Examining Your Motives |
41 |
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Implementing an IP Programme |
43 |
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Chapter 3: Dealing with Professionals and Picking Up the Tab |
53 |
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Getting the Help You Need |
53 |
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Finding and Retaining an IP Attorney |
56 |
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Staying Within Your Meagre Means |
58 |
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Working with Foreign IP Professionals |
61 |
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Co-ordinating with Other Professionals |
61 |
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Part II: Patenting Your Product |
63 |
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Chapter 4: Understanding Patents and How They Work |
65 |
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Presenting a Patent Explanation |
65 |
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Checking Out the Mechanics: Specifications, Claims, Drawings, and Abstracts |
69 |
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Playing by the Rules: The Four-Part Patentability Test |
70 |
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Chapter 5: Testing the Water Before You Apply for a Patent |
75 |
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Assessing What You Have |
75 |
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Making Sure that a Patent Is Right for You |
78 |
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Starting Things Off on the Right Foot |
82 |
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Chapter 6: Conducting a Patent Search |
83 |
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Deciding Whether to Search or Not to Search |
84 |
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Conducting a Novelty Search |
86 |
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Looking at Other Patent Searches |
93 |
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Chapter 7: Preparing Your Patent Application |
95 |
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Knowing Who Can Apply for a Patent |
95 |
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Understanding the Patent Application |
97 |
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Choosing a Representative |
98 |
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Filing a Patent Application |
100 |
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Disclosing Your Invention in the Specification |
110 |
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Arguing Your Case for Patentability |
111 |
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Staking Your Claim |
112 |
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Actively Participating in Application Preparation |
117 |
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Chapter 8: Filing Your Patent Application |
121 |
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Packaging the Application |
122 |
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Meeting Your Filing Deadlines |
124 |
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Keeping Your Application Under Wraps |
126 |
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Exploring Equivalent Applications Abroad |
127 |
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Counting the Costs of Filing |
130 |
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Making Money and Taking Precautions While You Wait for Your Patent |
132 |
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Chapter 9: Prosecuting Your Patent Application |
135 |
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Touring the UK-IPO |
136 |
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Clearing Initial Administrative Hurdles |
137 |
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Filing for More than One Invention |
139 |
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Getting in on the Action: The Official Letter |
140 |
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Reacting to a Second Objection |
150 |
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Meeting the Examiner |
151 |
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Chapter 10: Entering the Home Stretch: Getting Your Patent Granted |
153 |
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Reviewing Your Patent Strategy One Last Time |
153 |
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Taking Corrective Action |
154 |
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Paying Maintenance Fees |
157 |
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Marking Your Widgets with the Patent Number |
159 |
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Part III: Knowing Your Copyright |
161 |
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Chapter 11: Protecting Your Designs |
163 |
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Understanding UK Registered Design |
164 |
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Filing Your UK Registered Design Application |
166 |
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Reviewing Registered Community Design |
170 |
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Qualifying for Design Right |
173 |
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Chapter 12: Entering the Whimsical World of Copyright |
175 |
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Getting to Know Copyright |
175 |
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Defining an Original Work of Authorship |
176 |
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Determining What May and May Not Be Protected by Copyright |
180 |
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Discovering the Scope of Copyright Protection |
182 |
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Working Out What Copyright Can Do for You |
184 |
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Chapter 13: Untangling Ownership Issues |
191 |
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Staking a Claim: Making Sure That You Own the Copyright |
192 |
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Changing Owners: Transferring Interest in a Copyright |
196 |
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Investigating the Status of a Copyright |
196 |
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Part IV: Making Your Mark: Protecting Your Brand Identity |
199 |
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Chapter 14: Solving Your Identity Crisis |
201 |
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Hitting the Right Mark: Taking a Trade Mark Inventory |
201 |
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Putting Trade Marks to Work |
205 |
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Testing the Legal Strength of Trade Marks |
209 |
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Chapter 15: Creating the Next Household Name |
215 |
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Marketing Muscle: The Components of Good Trade Marks |
216 |
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Trying the Tricks of the Trade |
219 |
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Avoiding the Deadly Branding Sins |
222 |
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Chapter 16: Conducting an Availability Search |
227 |
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Practising Prudence |
227 |
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Defining the Scope of Your Search |
229 |
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Carrying Out Your Search |
232 |
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Analysing the Results |
235 |
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Chapter 17: Establishing and Registering Your Trade Marks |
241 |
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Gaining Exclusive Rights to Your Trade Mark or Service Mark |
242 |
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Registering Your Mark |
242 |
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Filing Your Trade or Service Mark Application |
247 |
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Losing Your Trade Mark Registration |
253 |
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Part V: Exploiting and Enforcing Your IP Rights |
255 |
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Chapter 18: All Abroad: Protecting Your IP Rights in Other Countries |
257 |
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Pondering the Pros and Cons of International Patents |
257 |
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Playing by the Rules of Foreign Patents |
260 |
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Working Out Where to File Your Patent Application |
262 |
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Filing for Design Protection Abroad |
270 |
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Looking After Your Trade Mark Abroad |
271 |
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Considering Copyright Overseas |
272 |
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Chapter 19: Making ’em Pay: Licensing Your IP Rights |
273 |
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Considering Different Types of Licence |
273 |
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Inspecting the Basic Elements of a Licence |
276 |
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Assigning Rather Than Licensing |
280 |
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Adopting a Licensing Strategy |
283 |
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Making Beautiful Music |
284 |
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Chapter 20: Nailing the Bad Guys (The Infringers) |
287 |
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Determining Infringement |
287 |
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Stopping Infringement Cold |
290 |
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Part VI: The Part of Tens |
297 |
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Chapter 21: Ten Patent Application Pitfalls |
299 |
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Choosing Patent Protection When Other Methods Fit the Bill |
299 |
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Concealing the Past |
299 |
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Disclosing Too Little |
300 |
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Disclosing Too Much |
300 |
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Filing When You Haven’t Got the Cash |
300 |
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Giving It Away |
301 |
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Going It Alone |
301 |
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Naming a Non-Inventor |
302 |
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Publish and Be Damned |
302 |
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Don’t Rush It |
302 |
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Chapter 22: Ten Common Copyright Questions |
303 |
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Can I Copy a Page from a Book and Give the Copies to My Students? |
303 |
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Can I Copyright My Campaign Slogan for the Next Election? |
303 |
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Can I Protect Software with a Patent? |
304 |
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Can I Use a Popular Song in a Video Clip of My Dog to Send to a TV Show? |
304 |
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Can I Use Graphics Copied from a Magazine for My Web Site? |
304 |
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How Do I Copyright My Idea for a TV Show? |
305 |
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How Do I Register Copyright for My Children’s Story? |
305 |
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How Much of a Copyrighted Work Can I Copy Without Infringing the Copyright? |
305 |
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How Long Does Copyright Last? |
305 |
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Where Can I Get Permission to Copy a Protected Work? |
306 |
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Chapter 23: Ten Naming Blunders to Avoid |
307 |
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Choosing Availability over Exclusivity |
307 |
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Creating Technical Jargon |
307 |
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Describing Your Product or Service |
308 |
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Having Brainstorming Sessions |
308 |
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Holding a Naming Contest |
308 |
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Ignoring the Customer |
308 |
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Leaving Your Mark Unprotected |
309 |
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Mimicking Another Company’s Brand |
309 |
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Relying on the Logo |
309 |
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Using Your Family Name |
309 |
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Chapter 24: Ten Great IP Resources |
311 |
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UK Intellectual Property Office (UK-IPO) |
311 |
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World Intellectual Property Organisation (WIPO) |
311 |
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EU Office for Harmonization in the Internal Market (OHIM) |
312 |
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British Library Business and Intellectual Property Centre |
312 |
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Federation Against Copyright Theft (FACT) |
312 |
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Patent Information Centres (PATLIBS UK) |
312 |
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Department for Business Enterprise and Regulatory Reform (BERR) |
313 |
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Useful Books |
313 |
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Networking and Lobbying |
314 |
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Getting Legal Help |
314 |
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Appendix: Sample Patent Applications |
315 |
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Index |
329 |
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