Patent Prosecution

The Fishman & Associates team has extensive experience navigating the U.S. Patent and Trademark Office (USPTO) on behalf of clients, including handling appeals before the Patent Trial and Appeal Board (PTAB). Our Patent team conducts patentability searches and analyses to ensure that clients make sound decisions on whether they have freedom to operate (FTO) in the selected patent area. Our patent attorneys are skilled in patent prosecution and enforcement across industries and our goal is always the same: to ensure that clients manage risk and monetize their discoveries, work and investments.

Drafting the application

The application identifies the invention and claim critical features of the inventions to be protected.

Responding to office actions

After the application is filed, Examiner from USPTO often issues office actions that reject the application. Fishman & Associates LLC will draft appropriate and persuasive responses to these office actions, in order to obtain an allowance of the application to become a patent.

Interviewing Patent Examiners

Besides responding to office actions, Fishman & Associates, LLC will also conduct in-person or telephone interviews with Examiners to further push the application toward its allowance.

Drafting appeal brief

If the Examiner maintains his/her rejection of the application, upon client’s wish, Fishman & Associates LLC will draft and submit an appeal brief to further advance the case to the Board of Appeals and Patent Interferences (“BAPI”).

Oral hearing of cases

Upon the client’s request, Fishman & Associates, LLC will go in front of the BAPI to present the appeal.

Filing

Filing appropriate documents and fees relating to the applications. Fishman & Associates, LLC will also serve as the US contact of foreign nationals or entities to file their patent & trademark related documents with the USPTO.