Albuquerque Patent Lawyers
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Legal Services Offered by Our On-Demand Albuquerque Patent Attorneys
Our experienced Albuquerque patent attorneys & lawyers represent individuals and businesses throughout the world with domestic and foreign patent preparation and prosecution matters. They have extensive experience handling applications from nearly every sector of technology, including biotechnology, computer hardware and software, communication networks, internet systems and methods, automotive, medical equipment, construction technology, consumer electronics, and clean technology research and development.
Our patent attorneys are of the most highly trained in the industry, requiring a scientific background, and passing a second level of testing known as the Patent Bar Examination. Thousands of patents are submitted to the patent office every day and a patent committee reviews each patent for its validity. The process requires that correctly drafted documentation present a clear case for the novelty of the invention, which is best made by a patent attorney with a higher education background in your industry.
Our Albuquerque patent attorneys & lawyers can help you file a provisional patent, which lasts for 1-year and allows you to immediately begin using/manufacturing your invention with the confidence that your idea is protected. These types of patents are great if you think your idea will change a lot over the next year before you file a (non-provisional) patent. These patents are easier to obtain and are less expensive but you should have a patent lawyer review your provisional patent application to insure that you are meeting your objectives when you file your patent.
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- 7 min read
How Long Does Patent Pending Last: What Is the Process?
Patent pending starts from the time you submit a patent application to the U.S. Patent and Trademark Office (USPTO). It ends when they grant or deny you a patent. Most applications are pending for one to three years. However, it can take three to five years or longer for applications involving software or electronics.
The patent pending process begins the moment the USPTO receives your patent application. It can be a provisional or non-provisional application that starts the patent pending process. The process continues until the USPTO issues a patent or denies your application. But it can also end if you abandon your application. The length of patent pending depends on the backlog at the USPTO and the complexity of the application.
How to Get a Patent Pending
- 8 min read
What Is an Inter Partes Review?
An inter partes review is a trial held before the Patent Trial and Appeal Board that determines whether a given patent is valid. Filing an inter partes review (IPR) means that you are challenging an existing patent. Reviews are held before the Patent Trial and Appeal Board (PTAB). Any person other than the patent owner is eligible to file for a review. You can only file for a review if you find grounds in §§ 102 or 103 or if you find a basis in prior art or patent publications.
Every type of patent is eligible for review. This includes first-to-invent and first-inventor-to-file patents. Petitions for first-inventor-to-file patents cannot be filed until nine months after a patent has been approved or renewed or until after the end of a post-grant review. There are no such deadlines for first-to-invent patents. The person who owns the patent has the opportunity to respond.
A review will take pla
- 6 min read
Patent Search: What Is It?
A patent search cost can be anywhere from $100 to $3,000 depending on the complexity of your invention and covers research into existing patents and patent applications. You can use free online tools to do your own search, but an attorney can help you dig deeper. In addition to professional fees, expect to pay a government search fee after you submit your patent application.
There are a few types of patent searches:
- A novelty search compares your invention to prior art to determine if your invention qualifies for a patent, since you cannot patent something that has already been patented. Prior art includes previously patented inventions, as well as unpatented inventions, that existed before your inventions.
- A state-of-the-art search gives you an overview of advancements in a certain in
- 7 min read
What Is Inequitable Conduct?
Inequitable conduct is a plea defense for infringement lawsuits. The defendant claims the patent holder intentionally misinformed, misled, or withheld important information from the U.S. Patent and Trademark Office (USPTO) to get a bad patent. If the court rules in favor of this defense, it can void the patent in question.
How Does the Inequitable Conduct Defense Work?
Patents are supposed to encourage people to innovate and invent. They are public information, and in exchange for showing how an invention works, the inventor gets monopoly power for several years. However, many people try to abuse the patent system by getting patents that are too vague or describe inventions that already exist. They can then try to use these patents to get money from people who aren't infringing on anything. That's why USPTO rules demand candor, good faith, and full disclosure from every inventor and lawyer involved in an app
- 5 min read
A business method is a method of operating an aspect of an economic enterprise. A business method patent is a type of patent that claims or shows a new way of doing business. New types of e-commerce are one such example. Business method patents are a relatively new concept, and have been around since 1998. Prior to this time, it was argued that business methods could not be patented, and up until 2005, the United States Patent Office required that business method inventions must apply, involve, use or advance the “technological arts” in order for a patent to be approved.
The current USPTO guidelines require that a process must produce a “concrete, useful and tangible result” in order to be patentable. Thus a business method can now be patented regardless of whether or not it must be done on a computer. Business method patents are important assets for independent investors and major corporations. To qualify for a patent, the busin