Washington Recent Legal Answers from Lawyers

Thank you for the question.  Design Patents are used to protect the ornamental appearance (i.e., design) of the object and not the functionality.  They can be a very valuable tool in building an intellectual property portfolio and with the new decision in Egyptian Goddess a much easier patent to protect.  Our Firm is a fixed-fee patent firm and charge $1800 for each application.  That $1800 cost includes your professional draftsman fees and USPTO filing fees.  In addition, our firm does not require a retainer or charge for phone calls or correspondance duing the application prosecution.  Please see our website www.arapackelaw.com or Youtube videos under rapackelaw for much specific information regarding design patents.  Lastly, please give me a call at any time at (407) 801-9368 if you have any further questions.  I look forward to speaking with you.   Respectfully, Andrew Rapacke... Read Answer

That clause about remedies would be a defense to you trying to sue. You could get your earnest money back and any expenses that are permitted by the agreement, but that would be all. The Form 17, however, could provide you with a separate avenue. Form 17's are for disclosure only, and by statute, are not part of the purchase and sale agreement. So, if there is a misrepresentation on it, you might be able to seek recourse based on the false disclosure. At that point, the question would be why the sellers don't have the right to sell. It would help to know the nature of defect in title. Sometimes you might be able to correct it without suit and avoid expensive litigation. I would recommend that you contact a local attorney to review your situation thoroughly with you. The foregoing is offered as general information only, and does not constitute legal advice. Please be advised you should consult a lawyer for advice specific to your situation.The foregoing should not be construed to establish an attorney client relationship.... Read Answer

If your mother now is a Lawful Permanent Resident, then she will not become eligible to apply to become a naturalized citizen until 90 days before the end of five years from the date she became a Permanent Resident (90 days before the end of three years for many people who obtained their Permanent Resident status based upon marriage to a U.S. citizen). Your own status as a U.S. citizen will not alter this time requirement. Aside from the amount of time one must wait to become eligible for naturalization, there are many other details that determine eligibility. It would be wise for your mother to consult with an immigration attorney who, after learning all the relevant details about her, will be able to advise about eligibilities, options and strategies, and will be able to offer legal representation in the often quite complex naturalization application process.... Read Answer

You don't say how long ago you learned you were not the bio father. If you knew at the time of the divorce, it's too late to make the change. if you didn't know, there is a limited period of time during which you can bring a petition to disavow paternity. Once you're past that deadline, it's too late and you'll have to continue to pay child support.... Read Answer

To apply for a visitor visa, an individual completes a DS-160 electronically. If your mother-in-law is subject to a ten-year bar, it would impact her ability to visit you. She would require a waiver to be able to come to the U.S. before the ten-year bar ran. You can read more about visitor visas at http://myattorneyusa.com/travel-visas.... Read Answer

You are not the sole parent of the child. There is a parenting plan, which means he is the legal father. First, if there is a domestic violence protection order you may be able to get a restraining order limiting his access to the child to supervised visitation. Everything else you talked about is not a basis to limit access as they are not violent crimes. His father can not have warrants out, only the court can issue warrants. It's also not clear from what you said if the warrants are against the child's father or grandfather. In either case, whether or not this has an impact on the child depends on the underlying reason for the warrant. If it's not a violent crime, it's irrelevant. I suggest you see a lawyer and get some help figuring out what, if any, danger there is to the child and if there is a basis to limit access.By not allowing him to see the child during the time allocated to him under the parenting plan, you have given him a basis to file a motion for contempt.... Read Answer

PERM labor certification applications require a prevailing wage determination of the offered position for the case to be filed with the Department of Labor (DOL). The prevailing wage must be paid at the latest at the time that the permanent residence application is approved. Whether the employer pays the prevailing wage prior to that time to the alien is not a primary concern of DOL, which is the protection of US workers. That means that DOL will want to be assured that the employer is offering that wage to the US workers who apply for the position, and that the employer is not rejecting US workers because the alien is willing to work at a lower rate.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

First, he is not the child's legal father since you were not married to him and he is not on the birth certificate. Once he gets out, in order to have any rights to the child he would have to do a DNAS test to prove he is the father. Two things: you can move and not give him a forwarding address. Stop communicating with him. Don't accept calls, change your phone number if you have to and don't write to him or call him. More important - shortly before it's time for his release (three months before) get a domestic violence protection order. If any of his threats have been in writing (e-mail, text, etc) you can use that as evidence. You can get a domestic violence advocate in your county to help you with putting together the petition. You need to include your children in the petition. Also be very specific about the crimes of which he has been convicted. If these are violent crimes it will make a difference. If at all possible, get a lawyer.... Read Answer

If your spouse is still in WA you can file here. By filing here you are putting yourself under the jurisdiction of the State of WA. If your spouse is not here, the question would be where he or she is since the court needs to have jurisdiction over the other party. If there is real property in WA (land or houses) you can also file here on that basis and because you both lived here during the marriage.... Read Answer

Surrogacy is a complex matter. A proper surrogacy agreement should have been signed prior to the beginning of this pregnancy. It does not sound like whatever they put together met all of those criteria. Even with a proper agreement the birth mother sometimes changes her mind and complex litigation follows. If your son is the biological father, he can file a parentage action and get a DNA test. If the child is his, he can establish parental rights. His wife, however, will not be a party to this as long as the bio mom does not wish to relinquish her rights. Your son needs to see a lawyer and go from there.... Read Answer