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 […]

Shinn Fu Company of America, Inc. v. Tire Hanger Corporation

IPRs Fish IP Law

IPRs are powerful tools for challenging the validity of issued patents.  One tool that Congress included for patent owners responding to IPR petitions is the motion to amend, which in theory allows a patent owner to attempt to amend around the invalidity arguments of the petition.  In practice, almost no such motions were ever successful.  […]

Avoiding Sophisticated Email Scams

Email Scammers

Email scams have evolved tremendously over the past decade, and are becoming more sophisticated and believable than ever before. The Canadian Trade Commission recently issued a warning about a new email threat that is looming over the intellectual property community. The scammer appears to be an authorized registrar of CNNIC (China National Network Info Center) […]

FishFAQ: How long does it take to get a patent

How long does it take to get a patent?

How long does it take to get a patent? The short answer is: Years. From around two and a half, to three or four years. Certain business method and Internet related inventions are taking 5 to 7 years.  The longer version covers WHY it takes that long.  The number one reason is that the Patent […]

FishFAQ: How much does it cost to get a patent?

How much does it cost to get a patent?

Answer: How much does it cost to get a patent? Getting a patent in the U.S. typically costs between 15 and 20 thousand dollars. So, where does all that money go? The process starts with a thorough search to see if the invention already exists someplace. If not, we work with the inventor to really […]

FAQ of the Week: What exactly is copyright?

What exactly is copyright

Question What exactly is copyright? Answer Copyright is your right of protection in an original work of authorship fixed in any tangible medium of expression that can be perceived either directly or through the aid of a machine or device.  Copyright protection covers both published and unpublished works.   The owner of the copyright can […]

FishFAQ: What is Patentable?

What kinds of inventions are patentable

Answer: Just about anything is patentable in the U.S. if it meets a few qualifications:  First, it has to be new. You can’t patent something that’s known to the public… even if no one ever patented it before. Second, it has to be useful. The idea has to solve a problem and provide some useful […]

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 […]