If they’re filing a PCT in addition to a US application I can see that because the filing fees may be $2000+ depending on a lot of factors, plus professional fees for just doing it all. If instead of a US application, seems a little high, but I don’t know all the details. Some law firms are just expensive.

@@diamentpatentlaw1231 Thanks for the response. The $5000 is on top of the filing fees (just attorney fees). I also thought this was a little much and am considering filing the PCT myself. I will keep your firm in mind in the future.

@@bobwatson1895 Yeah $5,000 in professional fees in addition to what was already paid seems a lot to me but I don't know what they're doing. The application can be written differently if you want to focus on making it more compliant with European standards (two-part claim drafting; reference numerals in the claims themselves, etc.) or other country standards, and you make a lot of changes to have sections that are compliant for each country you eventually want to enter. I don't tend to focus on all those differences at the PCT stage and do it at the individual country stage. That's just my approach. Keep me in mind the future. PCT can get tricky with procedures, so keep me in mind in the future if something comes up you need assistance with!

It’s a new patent. See my episode on reissue applications that replace the original.

If you mean take someone else's plant that is patented, then breed it with something else to create your own patented plant, my guess is yes (as you may have heard, I'm not a plant patent expert, which is why I interviewed Dale Hunt), since plant patents only cover ASEXUAL reproduction and if you're sexually reproducing something from a patented plant, that's not patent infringement. HOWEVER you do have to be concerned about the Plant Variety Protections Act (PVPA) where PVPA plant owners have the exclusive right to sexually multiply or propogate the plant and they have the exclusive right to use the protected variety to produce any hybrid plant. This is not legal advice and I would encourage you to contact a plant protection specialist like Dale Hunt if that's something you're interested in doing.

Hi, I do most of my work on a flat fee basis. Connect with my at my new firm at [email protected].

If the patent is “invalid” as in its already been invalidated then there’s not going to be any case against you. If you’re thinking that it will be cheaper to wait until you’ve been sued in a district court and invalidate a patent at the district court, no, going through courts will be more expensive that going through the USPTO in most cases. The ex party reexamination will be the cheapest way, though there are pros and cons to each strategy. Consult an attorney to know the best way for you.

Is the DC court high cost due to legal fees? Or court or USPTO fees?

Unlikely, given no new game pieces and today’s patent laws on subject matter eligibility.

Glad it was useful to you!

I don't like it either! I'll have to spend some time going through their instructions. But I agree with you, not intuitive!

Definitely! It's one of the biggest misconceptions in patent law, which is that if you get a patent, that you are allowed to make and use your invention. Not true! Getting a patent means that your modifications or differences were non-obvious over what already existed. But in making your patent product you may still be using underlying patented technology in your own product and if you are doing that with permission (e.g. licensing agreement), you can still be liable for patent infringement.

Glad you liked it. Patent filings keep going up so people do still care about patents. If you liked the video, all shares are appreciated and then the view count goes up!

Glad you enjoyed!

There is no official cut off time to revive but the longer you wait the harder it is to argue that abandonment was unintentional. The paperwork is easier if less than two years but still possible after that, you just have to provide more details on the timeline of events and they might not allow the revival based on your explanation. Not sure what six month thing you’re talking about is. You may contact me if you want.