Albuquerque Patent Attorneys & Lawyers
How it Works
Ross Brandborg
David Yamaguchi
Ali Shalchi
Joel Douglas
Samuel Pierce
Gene Rhough
Ken Emanuelson
Monica Winghart
Brooks Lindsay
Peter Krehbiel
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.
Improve Your Legal ROI with Affordable Patent Attorneys that service Albuquerque, NM.
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Inequitable Conduct
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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 wh
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Read MoreInter Partes Review
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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 tak
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Read MoreHow Long Does Patent Pending Last
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How long does a patent pending last? This phase of the patent process can last from one to three years, or longer depending on the complexity of your invention. Software or electronics applications are often patent pending for five years or more. This period starts when you submit either a provisional or non-provisional patent application to the U.S. Patent and Trademark Office (USPTO). It ends when they grant or deny you a patent. The application backlog at the USPTO and the complexity of your application also affect how long your patent is pending.
How to Get a Patent Pending
The cheapest way to get a patent pending is to file a provisional patent application (PPA). Congress set up this option to help inventors. The cost of a PPA ranges from $65 for micro-entities, to $139 for small entities, and up to $260 for large entities. The PPA does not put your application in front of an examiner. It's a placeholder that gives you one
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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:
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