Intellectual Property Blog

KEY TAKEAWAYS The difference between micro entity and small entity patent status determines how much you pay in USPTO fees. Micro entities pay 75% less than large entities, while small entities pay 50% less. Micro entity status under 35 U.S.C. 123 requires gross income below approximately $220,000 (adjusted annually based on three times the median household income), no obligation to assign the patent to an entity exceeding the income limit, and that you have not been named as

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 diff

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 application. 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 USP