Intellectual Property Blog

Key Takeaways The real trade secret vs patent question is whether the invention is better protected by secrecy or by a patent. That is the whole issue. Patents last 20 years from filing under 35 U.S.C. § 154. Then they are gone. Trade secrets can last much longer, but only if they are actually kept secret. If someone can reverse engineer the product, the trade secret route may not do much for you. Some inventions belong in a patent application. Others do not. Knowing the di

By Alan Yomtobian, Esq. | Patent Bar #81,255 Takeaways You can patent software in 2026. The law does not categorically exclude software from patent protection. What the law does require is that your claims be directed to a specific technical improvement rather than to an abstract idea carried out on a generic computer. If your application satisfies that requirement, it can survive examination and, in many cases, survive litigation. The Supreme Court's decision in Alice Corp.

By Alan Yomtobian, Esq. — Patent Bar #81,255 KEY TAKEAWAYS A design patent protects the ornamental appearance of a functional article — the way a product looks, not how it works. Under 35 U.S.C. 171, a design patent is granted to anyone who has invented a "new, original, and ornamental design for an article of manufacture." Design patents last 15 years from the grant date, require no maintenance fees, cost significantly less than utility patents ($3,000-$8,000 total vs. $7

By Alan Yomtobian, Esq. — USPTO Patent Attorney #81,255 KEY TAKEAWAYS The total cost of obtaining a patent in 2026 ranges from approximately $7,000 to $20,000 or more for a utility patent, $3,000 to $8,000 for a design patent, and $2,000 to $5,000 for a provisional applic ation. These totals include USPTO government fees, attorney fees for drafting and prosecution, and potential office action response costs. For the official fee schedule, see the USPTO Fee Schedule and the U

By Alan Yomtobian, Esq. — Yomtobian Law P.C. KEY TAKEAWAYS A final office action does not mean your patent application is dead. It means the examiner has reviewed your response to the non-final office action and maintained one or more rejections, limiting your amendment rights going forward. After a final office action, you have four primary options: (1) file a Request for Continued Examination (RCE) under 37 CFR 1.114 to restart prosecution, (2) appeal to the Patent Trial

By Alan Yomtobian, Esq. — Patent Attorney #81,255 KEY TAKEAWAYS A patent restriction requirement is a USPTO communication under 35 U.S.C. 121 informing you that your patent application claims multiple distinct or independent inventions that cannot be examined together in a single application. The examiner requires you to elect one invention group for examination, while the remaining groups can be pursued through divisional applications. Restriction requirements are common in

By Alan Yomtobian, Esq. | U.S. Patent Attorney #81,255 KEY TAKEAWAYS A USPTO patent office action is a multi-page legal document that identifies every objection and rejection the patent examiner has raised against your application. Reading an office action requires understanding its standard structure: the header identifying the application, the summary of the examiner's disposition, specific claim rejections organized by statutory basis (35 U.S.C. 101, 102, 103, or 112), f

KEY TAKEAWAYS A 35 U.S.C. 101 patent eligibility rejection means the USPTO examiner has determined your claims are directed to a judicial exception, an abstract idea, law of nature, or natural phenomenon, without reciting "significantly more" to transform them into patent-eligible subject matter. This two-step analysis, established by the Supreme Court in Alice Corp. v. CLS Bank International, 573 U.S. 208 (2014), and Mayo Collaborative Services v. Prometheus Laboratories, 56

By Alan Yomtobian, Esq. - Patent Bar No. 81,255 KEY TAKEAWAYS A patent obviousness rejection under 35 U.S.C. 103 means the USPTO examiner believes your claimed invention would have been obvious to a person having ordinary skill in the art (PHOSITA) based on a combination of prior art references. Overcoming this rejection requires demonstrating that the examiner either failed to establish a proper motivation to combine the references, mischaracterized the teachings of the pr

By Alan Yomtobian, Esq. - Patent Bar No. 81,255 KEY TAKEAWAYS A patent office action is the USPTO examiner's formal written assessment of your patent application, identifying objections or rejections that must be overcome before a patent can be granted. Patent attorneys respond to office actions by analyzing the specific rejection type, crafting targeted claim amendments supported by the original specification, and presenting persuasive legal arguments distinguishing the inve

What Are the Most Important Patent Terms to Know? Patent terminology includes specialized legal and technical language essential for understanding patent rights and prosecution. The most critical terms include: (1) Claims defining the legal scope of patent protection under 35 U.S.C. § 112(b), (2) Prior art encompassing all publicly available information before filing under 35 U.S.C. § 102, (3) Specification providing the written description and enablement under 35 U.S.C. §

Quick Answer: What Are the Three Types of Patents? The United States Patent and Trademark Office grants three distinct types of patents: (1) Utility patents protect how inventions work and function, covering processes, machines, manufactures, and compositions of matter under 35 U.S.C. § 101, lasting 20 years from filing; (2) Design patents protect ornamental appearance and visual design of functional items under 35 U.S.C. § 171, lasting 15 years from grant; and (3) Plant pate

Quick Answer: What Is the Patent Application Process? The patent application process takes 18 to 36 months from filing to grant and involves seven key stages: (1) prior art search and patentability assessment, (2) application drafting and filing with the USPTO, (3) formal examination by a patent examiner, (4) responding to office actions and rejections, (5) allowance or final rejection, (6) payment of issue fees and patent grant, and (7) ongoing maintenance through periodic f

Understanding Patents: Your Key to Protecting Innovation A patent is a government-granted exclusive right that prevents others from making, using, selling, or importing your invention for a limited time period. Under 35 U.S.C. § 101 , the United States Patent and Trademark Office (USPTO) grants patents for "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof." For inventors and entrepreneurs, patents represent

Facing a patent infringement claim can be daunting. Whether you are a startup, an established company, an inventor, or an entrepreneur, understanding how to defend yourself effectively is crucial. Patent disputes can drain resources, distract from your core business, and even threaten your market position. However, with the right knowledge and strategy, you can navigate these challenges confidently. In this post, I will walk you through the essential steps and considerations

In today’s competitive business environment, protecting your innovations and creative works is not just a legal formality - it’s a strategic necessity. Whether you are launching a startup, expanding an established company, inventing a new product, or selling on platforms like Amazon, mastering intellectual property (IP) asset optimization can significantly enhance your market position and profitability. I want to guide you through the essentials of managing your intellectual

The First Sale Doctrine: When Resale is Not Infringement The First Sale Doctrine is one of the most important defenses in trademark law, particularly in the context of e-commerce and distribution disputes. Simply put, once a trademark owner sells a product, they generally exhaust their right to control the subsequent resale of that genuine product. This means that a person who buys a genuine trademarked product is free to resell it without the trademark owner's permission.

The Anatomy of a Cease-and-Desist Letter That Gets Results A cease-and-desist (C&D) letter is often the first and most critical step in trademark enforcement. It is a powerful pre-litigation tool that, when drafted correctly, can resolve disputes quickly and cost-effectively. However, a poorly written C&D can provoke unnecessary litigation or, worse, be used against the brand owner. My approach to drafting these letters is rooted in strategic clarity and legal precision, ensu

Introduction For business owners, an innovative idea is just the beginning. Transforming that idea into a protected asset—a granted patent—is a complex journey that requires specialized legal expertise. While the temptation to navigate the patent process independently might arise, particularly for cost-conscious entrepreneurs, the intricacies of patent law and the demanding nature of the application process make the role of a qualified patent attorney indispensable. This arti

Introduction Obtaining a patent is a significant achievement for any business owner, marking the culmination of innovation and a rigorous application process. However, a patent is not merely a decorative certificate; it is a powerful legal tool that grants you, the patent holder, the exclusive right to prevent others from making, using, selling, offering for sale, or importing your patented invention without your permission. This exclusive right, however, is only as valuable