FAQ of the week: What is my deadline for filing in Germany, France, Italy and England?

Fish ip law q and a

Question: What is my deadline for filing in Germany, France, Italy and England?   Answer:  There is no current deadline for filing in individual European countries.  We filed a European application through the EPO (European Patent Office), to take advantage of the unified process, and prosecution in English.  Once the EPO grants the application, you […]

FAQ of the Week: Should we file a PCT application?

Should I file a PCT application

Question Should we file a PCT application? Answer It has been almost 12 months since we filed the US application, and yes, I agree that filing a PCT (Patent Cooperation Treaty) application would be the best course of action right now.  Filing a PCT application affords you number of benefits over filing directly in multiple […]

FAQ of the Week:If I want to send a fax to a patent examiner, what number do I use?

If I want to send a fax to a patent examiner, what number do I use?

Question If I want to send a fax to a patent examiner, what number do I use? Answer The fax number at the USPTO is usually the Examiner’s number but with the digits “273” instead of “272”.  However, not all Examiner’s fax numbers follow that pattern – some change the first digit in the last […]

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 […]