Albuquerque Patent Attorneys & Lawyers

Key Takeaways

• Inequitable conduct meaning in law refers to intentional deception or withholding of material information from the USPTO during a patent application, which can invalidate the entire patent.
• The doctrine is based on principles of fairness (“unclean hands”) and aims to preserve integrity in the patent system.
• After Therasense v. Becton, Dickinson, courts require proof of both intent to deceive and but-for materiality, meaning the patent would not have been granted otherwise.
• Courts recognize a narrow exception for “egregious misconduct”, such as falsifying data or fabricating evidence, where intent can be inferred.
• Supplemental examinations introduced by th

...

Key Takeaways

• A “business method patent” protects a novel method of doing business, especially if it yields a concrete, practical result.
• Not all business ideas can be patented—only those that are new, useful, and non-obvious, and not merely abstract ideas or algorithms.
• Courts have made it harder to patent abstract or software-related business methods without technical implementation.
• Prior art searches and detailed technical descriptions (including software flowcharts and system overviews) are crucial for approval.
• Alternatives to business method patents include trade secrets, trademarks, and copyright for broader protection.

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 sin

...

Key Takeaways

• Patent search costs range widely, from $100 for basic DIY searches to $3,000+ for complex, professionally conducted ones.
• The complexity of your invention heavily impacts how much a search will cost.
• Professional searches can be categorized into novelty, state-of-the-art, infringement, and validity searches.
• DIY options are available but may lack the depth and accuracy of professional searches.
• Additional costs include government filing fees, attorney fees, and ongoing maintenance fees.
• Specialized search databases and subscription tools may be more cost-effective for frequent searchers.
• Patent search duration can vary from a few days to weeks, depending on the invention.
• Using a patent attorney enhances search accuracy and reduces risk of future litigation or USPTO rejection.

Patent Search: What Is It?

A

...

Key Takeaways

• An inter partes review (IPR) is a trial before the Patent Trial and Appeal Board (PTAB) used to challenge the validity of an existing patent based on prior art.
• IPRs provide a faster and more cost-effective alternative to district court litigation for resolving patent disputes.
• The petition phase includes strict filing timelines, detailed evidentiary requirements, and strategic considerations regarding claim construction and estoppel.
• Patent owners can respond with evidence, amend claims, and participate in discovery and oral hearings.
• The PTAB’s final written decision may invalidate, uphold, or amend patent claims, and it can be appealed to the Federal C

...

Key Takeaways

• The standard patent term in the U.S. is 20 years from the filing date for utility and plant patents, and 15 years from the grant date for design patents.
• Patent-pending status typically lasts 1–3 years, though complex applications can remain pending longer.
• Patent term extensions or adjustments may apply if delays occur at the USPTO or with regulatory agencies.
• Maintenance fees are required for utility patents at 3.5, 7.5, and 11.5 years after issuance; nonpayment can cause early expiration.
• Filing internationally under treaties like the PCT affects timing but not the 20-year duration once national filings are made.

...