FAQ of the Week: I’m confused by this recent office action. Why are there two deadlines, a 3-month deadline and a 2-month deadline?

FAQ office action fishiplaw

Question I’m confused by this recent office action.  Why are there two deadlines, a 3-month deadline and a 2-month deadline? Answer “Final” office actions trigger both a 3-month deadline and a 2-month deadline.  The 3-month deadline is the normal deadline that applies to almost all substantive office actions.  The 2-month deadline is used for making […]

FAQ of the Week: Since patent litigation is so expensive, how can I afford to enforce my patents?

patent litigation FAQ

Question: Since patent litigation is so expensive, how can I afford to enforce my patents? Answer –  Patent litigation is expensive, likely at least $750K had through discovery and at least another $750K through trial. If you have a product on the market that is bringing in good income it is of course possible to fund […]

The Fish IP Law™ Wall of Caricatures

patent beast wall of characters

The Patent Beast “Wall of Caricatures” is now complete We are so excited at Fish IP Law ™ with the completion of our “Wall of Caricatures”. Stop by our office and see the wall for yourself! Every staff member on our team has a unique caricature. The Patent Beast™ Comic Strip shows our finest comics […]

FAQ of the week: What are contingency litigations?

contingency litigations

Question –  Tell me about contingency litigations.  As a patent holder suing a competitor for patent infringement, what might I have to contribute to cover out of pocket costs? Answer – A typical patent litigation runs at least $750K in fees and costs to litigate through discovery, and at least another $750K through trial. Heavily […]

FAQ of the Week: Which is the non-eligible subject matter?

which is the non-eligible subject matter?

Question – Just curious, which is the non-eligible subject matter? Before the patent office even considers whether claimed subject matter can be awarded a patent, the office must consider whether that claimed subject matter is the type of thing that is patentable. For example, perpetual motion machines are not patentable because they don’t exist, and […]

FAQ of the Week: Preliminary patentability search cost

faq patentability search cost

Question: Your firm charges $1500 to do a preliminary patentability search.  Does that make sense?  I can get a search done for $500 on-line. Answer: Our searches go beyond merely identifying prior art.  We are also working to figure out what can be claimed, and ways of circumventing the prior art.  

FAQ of the Week: How much does it cost to respond to the PCT search report / written report?

Cost of PCT search report FAQ

Question: How much does it cost to respond to the PCT search report / written report? Answer: There is no requirement to respond to a PCT search report / written report. One option is to file amended claims in an Article 19 amendment.  Assuming that you already have the amended claims drafted from a corresponding US […]

FAQ of the Week: What is included in filing a utility application?

FAQ of the week: utility application

Question: We have a mechanical invention, but don’t want to get into manufacturing of the product without good patent protection.  We don’t want competitors stealing our idea.  You mentioned that it might run about US$ 9000 to file the utility application in the US. What is behind the $9000?  Also, we are looking to protect […]

FAQ of the Week: Patent Expirations

patent law expirations

Question: My patent is expiring in 3 years.  Is there any way to extend the coverage? Answer: Not currently. Prior to 1995, patents could be extended indefinitely by filing continuations.  But since that cutoff, there is no way to extend patents.  It is possible to file applications on improvements to your patented technology, but of […]

Chapter 6: Drafting the Specifications

chapter 6 white space patenting book

VI: DRAFTING THE SPECIFICATION BUY WHITE SPACE PATENTING BOOK: CLICK HERE Click to download this chapter of White Space Patenting (pdf includes illustrations) As set forth in the Manual of Patent Examining Procedure (MPEP), a patent specification application should include title, priority statements, background, summary, brief description of the drawing, detail description, and abstract. Although […]