Albuquerque Patent Attorneys & Lawyers

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. Th

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Updated November 16, 2020:

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. Bu

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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 invent

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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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Updated July 13, 2020:

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

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