I’ve always assumed that if I manage to get my continuation or divisional application filed on the very day that the parent application issues, that’s good enough. The domestic benefit under 35 USC § 120 will work. Right?
Alert reader David Berry drew my attention to a February 11, 2015 ruling by Judge Richard G. Andrews in the U.S. District Court for the District of Delaware in a summary judgment motion in the case of Immersion Corp. v. HTC Corp. civil action 12-259. The ruling suggests that when the USPTO grants a patent, it does so at about 12:01 AM on the Tuesday, and that a would-be continuation or divisional application filed after 12:01 AM on that Tuesday would lack copendency under 35 USC § 120.
A potential client will sometimes ask:
what’s your fee for filing a provisional patent application?
or sometimes the question will be:
what does it cost to apply for a provisional patent?
Or, by far the worst telephone call to receive in this general category is the potential client who cheerfully explains that he or she has prepared a draft provisional patent application, that the subject matter is “simple” and so the document should not require very long to review, and can I please just “touch it up” and file it with the USPTO? The caller makes clear that whatever bargain-basement price I would have charged to draft a provisional patent application, the caller expects me to quote a still smaller price to merely “touch up” the document.
When this happens, generally I politely refer the potential client elsewhere, but when pressed I will sometimes answer along these lines …
This Sunday I will be traveling to Michigan to speak at the Spring Seminar of the Intellectual Property Law Section of the State Bar of Michigan. The Seminar will take place this coming Monday March 16.
I’ll be speaking this April at the AIPLA Patent Prosecution Boot Camp. This two-day seminar is tailored to new practitioners (those having less than two years of experience), or others who want to learn the basics of patent application preparation and prosecution. This seminar includes instructional sessions and hands-on claim drafting workshops.
These days my notebook computer is absolutely mission critical for me. If my notebook computer were to fail and if it were to take some days to get it repaired, the loss of use of the computer for those days would be a really big problem. Fortunately, a few years ago I figured out how to reduce any service disruption due to a computer failure to just about zero.