Incredible Words

Imagine my surprise when I read an article in the April 2005 edition of Reader’s Digest informing me that membership in Future Farmers of America (FFA) has hit a 22-year record high.

Since 1994, the number of farmers’ markets around the country also has more than doubled, the article said.

I find these two bits of information especially interesting because small family farms have been disappearing from the countryside at an alarming rate over the past 30 years. According to statistics from the U.S. Census of Agriculture and the American Farm Bureau Federation, since 1969, the United States has lost 85 percent of its dairy farms.

Why do I care that the United States has lost so many dairy farms? I grew up on a dairy farm in Wisconsin, which has always been known as America’s Dairyland. Except that today, in areas where there used to be farms all up and down the roads, there isn’t a single farm left. During the same time period in which the United States lost 85 percent of its dairy farms, Wisconsin has lost 70 percent of its dairy farms.

So what is going on here?

Family farms have disappeared. Subdivisions have taken over what were once cornfields and hayfields and pastures. Creameries have been abandoned or converted to other uses. Feed mills have been torn down to make room for parking lots. And yet — FFA has the highest membership that it’s had for the last 22 years? And in the past 10 years, the number of farmers’ markets has more than doubled?

The Reader’s Digest article speculates that the reason for the increases in FFA membership and farmers’ markets is that as the United States has lost more and more farms, and as more and more people live in cities or suburbs or subdivisions, farm life has become a fascinating subject for those who have never experienced it.

I have discovered through my own research that agricultural tourism is on the rise, as well. It used to be that if you wanted to visit a farm, you had to have a grandma and grandpa or an aunt and uncle who owned a farm. Now all you have to do is go to the Internet, type in “farm tours” on Google, and websites come up that direct you to farms which have been converted to bed-and-breakfasts, farms that conduct tours of their day-to-day operations, farms that have been made into museums, and farms that give hay rides and have pumpkin patches and corn mazes.

Through a series of political, cultural and social decisions, Americans created an atmosphere that forced small family farmers to go out of business. Although now that the family farmers are all but gone, Americans have decided they are interested in knowing more about life on the farm.

What’s next? One-room country schools? Or how about little white country churches?

Be that as it may, the increased interest in farming could mean new life for the small farms still in existence. Perhaps the adult children who left because there was no future in farming will return — not to farm the land and milk cows, but to turn those farms into bed and breakfasts, museums or to grow pumpkin patches, construct corn mazes and give hay rides.
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About the Author

LeAnn R. Ralph is the author of the books “Christmas in Dairyland (True Stories from a Wisconsin Farm)” (trade paperback; July 2003) and “Give Me a Home Where the Dairy Cows Roam” (trade paperback; October 2004) and “Preserve Your Family History (A Step-by-Step Guide for Interviewing Family Members and Writing Oral Histories) (e-book; April 2004). http://ruralroute2.com

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Infringement and Provisional Damages

There is no action for infringement of your patent until it actually issues. However, through publication of your application, it may be possible to obtain provisional damages for the time between publication of the application and the issuance of the patent. Once your patent issues, infringement can give rise to treble damages and an award of attorney fees. During the phase from publication to issuance, only reasonable royalty damages can be awarded. Furthermore, a claim must survive and be substantially identical from publication to the issued patent.

Provisional damages require notice. Notice is achieved by both publication and provision of actual notice. Thus, you still have the burden of detecting infringement and of providing notice of your application to the alleged infringer.

Why You Should Consider Early Publication

An inventor can accelerate the publication process by filing a request for early publication. This can be done at any time and should result in publication within four months of the request. There are two logical times to file such a request: 1) when you first file your application–to gain the maximum published time available, and 2) when you believe an infringement may be taking place. In this latter case, where you have actual evidence of infringement, you can then file a petition to “make special” and hope that the Patent Office will accept the petition and begin examination of your patent application within six months. That way, you will possibly get the benefit of provisional damages, with the patent issuing shortly thereafter with higher damage awards available.

Benefits of Non-Publication

Non-publication keeps ‘em guessing. When a patent is filed, the inventor-applicant is entitled, and should, claim “Patent Pending” status. “Patent Pending” means that an application is on file with the Patent Office and is in the patent process. The inventor should mark his product “Patent Pending” and claim such status in any written material related to the invention. So long as the patent application is secret, competitors do not know what the inventor has disclosed or the breadth of the invention being claimed. Once a patent application publishes, competitors can at least determine the maximum scope that is disclosed in the application. However, while they will see the claims presented in the application, competitors still do not know the breadth of the invention claims that might eventually issue in the patent.

The Hazards of Requesting Non-Publication

Until the American Inventors Protection Act of 1999 (effective November 29, 2000), United States patents were kept in secrecy until they issued. Subsequent to the AIPA, inventors can elect to keep their application secret, but only if they will not file in a foreign country or file an application under a multilateral international agreement, such as the Patent Cooperation Treaty. If an inventor later files such a foreign or international application, it can lead to abandonment of the U.S. application unless the non-publication request is rescinded before 45 days after filing the foreign or international application. Thus, extreme caution is recommended before considering non-publication.

C2006, Williamson Intellectual Property Law, LLC; all rights reserved, world-wide.
This article, and/or the reading thereof, shall not be construed as offering, containing or receiving of legal advice, and shall not create any attorney-client relationship or privilege. If you are considering protecting your intellectual property, you should consult with an attorney of your choice.

For more information, please contact the author below.

Thomas R. (Terry) Williamson III, Ph.D., Registered Patent Attorney
Williamson Intellectual Property Law, LLC
1870 The Exchange, Suite 100
Atlanta, GA 30339
770-777-0977
http://www.trwiplaw.com

An intellectual property law firm providing a full range of services for patent searches, preparation and filing patent applications, trademark searches, preparation and filing trademark and service mark applications, preparation and filing copyright registration applications, licensing of patents, trademarks, copyrights, trade secrets, and litigation of patent, trademark, copyright and trade secret infringements.

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A definition of a gaming establishment is a structure that features gambling. Aficionados can take risks by challenging slot-machines or trying out plenty of other games of chance. Gaming establishment games as a rule include mathematically calculated odds governing them which guarantee the gambling saloon reserves an edge against the gambling buffs.

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