Fish FAQs: What If My Idea is Old, But No One Ever Patented It?

What If My Idea is Old, But No One Ever Patented It?

The patent system is designed to encourage innovation by rewarding those that innovate. It does so by giving the inventor a temporary monopoly over his creation. By definition, an old idea is not an innovation. As such, it’s not eligible for a patent. What counts as old? Once an idea is out in the public, […]

Fish-FAQS: Can I Get a Patent If No One Else Has the Same Thing?

Can I Get a Patent If No One Else Has the Same Thing?

For an invention to be patentable, it has to be both new and what’s known as ‘non-obvious’. If no one else has the same thing, then the invention would be new. Discovering this is the easier hurdle to overcome. The trickier hurdle is non-obviousness. Ironically enough, what exactly that means is… not very obvious. Without […]

Fish FAQs: Patent Search Costs

Patent Search Costs

How much does a patent search cost? It can range from 500 dollars to a thousand or more. Some chemical patentability searches can run ten thousand dollars or more. A typical search can take anywhere between a day and several weeks. What’s the big deal? you think…. I google stuff every day. It’s outrageous to […]

District of Amazon Infringement

District of Amazon Infringement

In order to list a product on Amazon, a company or individual is required to provide specific documents to prove their ownership. But previously, Amazon did not possess the appropriate infrastructure to detect forged labels or documents. Thus, it was fairly easy for a company or individual to take advantage of Amazon’s loosely monitored system […]

FAQ of the week: Are Artificial Intelligence inventions patentable?

AI intelligence

Question: Are Artificial Intelligence inventions patentable? Answer: Yes, but it’s difficult to do so. Claiming AI inventions runs into serious problems, especially with respect to level of abstraction.  At the low end of abstraction, one is very unlikely to secure claims by focusing on formulas or calculations.  There is a long-standing rule that algorithms per […]

FishFAQs: What is a Divisional?


What is a “divisional”? When you file a patent application, you pay the Patent Office a fee to search patentability on a single invention.  If the Patent Office decides your claims are directed to multiple inventions, the office will require that you choose which of the different inventions you want to proceed with.   Claims to […]

IP Counsel Cafe

IP Counsel Cafe

Earlier this month, Bob Fish attended the IP Counsel Café in Palo Alto, CA. The conference focused on the increasingly connected yet foreign world of intellectual property. In an industry with rapid technological advancement and complex regulations, it can be difficult to maneuver the ever-changing IP landscape. However, this conference aimed to develop strategies that […]

FishFAQs: What is a Provisional Patent?

Provisional Patent

What is a provisional application? In March 2013 the US adopted a first-to-file system. Basically, that means in a race to the patent office; whoever files first gets the patent. A provisional patent application allows an inventor to file quickly, without having to meet all the requirements of a formal utility patent application. It is only […]