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Burdlaw.com
STANDARD
SCHEDULE OF TYPICAL CHARGES
FOR
UNITED STATES
Intellectual
Property Law Matters
published by the BURDICK LAW FIRM
January 2007
Bruce E. Burdick, JD
NOTES:
1.---These are ESTIMATED
MINIMUM fees. Your actual fee will probably be slightly higher due to the
special complexities of your case, if any. This fee schedule is intended to
assist you in estimating typical USA intellectual property fees. Any fee listed is not
necessarily the actual fee for any particular firm, including our own, or any
particular item, as most firms adjust their fees to stay competitive with other
firms in pricing. High Volume clients get special pricing due to economies of
scale and any additional complexity to the issues or technology raises fees.
Please note that the
OFFICIAL UNITED STATES PATENT AND TRADEMARK
OFFICE FEES
incorporated in the fee schedule below are typically raised slightly on October
1 of each year by about 3%. US Government fees for patents and trademarks change
at least every year on about October 1, so many US attorneys adjust their
intellectual property schedules around that time to reflect new Government fees.
2.---These are TYPICAL fees
for rough estimation purposes. They will help you spot cut-rate fees, which may
indicate cut-rate quality. High quality intellectual property legal work does
not come cheap and good firms seldom cut fees below minimum, because they know
the minimum amount of work needed for the various procedures they perform. Fees
on individual matters may vary, particularly in patent cases, since the
technical complexity varies greatly. In addition, most firms, including ours,
are willing to discuss, and in appropriate cases, enter into special fee
arrangements with high volume customers or consider other special need
situations. Some firms do "pro bono publico" (charity) work in limited amount.
Many firms are willing to discuss and enter into alternative billing
formulations such as FLAT HOURLY FEES, FLAT FIXED FEES, CAPPED HOURLY FEES,
FLOORED HOURLY FEES, CONTINGENT FEES, BARTERING ARRANGEMENTS, etc. Call or email
if you are interested in alternative billing.
3.---The official fees (in
yellow below) are generally fixed and (except for PCT cases and except for
claims fees) usually are not affected much by complexity, but the actual
attorney fees (in turquoise below) will be higher if the legal issues are
unusual and/or technology issues are more complex than minimum.
4. --- Most US Firms will
be happy to give fee estimates upon request after a review of your case
information to determine what may be needed, if a firm declines to do so there
is a good chance the firm is either overpriced or not very experienced in that
area.
SCHEDULE OF STANDARD
MINIMUM
CHARGES FOR TRADEMARKS
Hourly Rate: Attorneys $155 - $275 /
hr. + expenses
Paralegals $
60 - $ 90 / hr. + expenses
|
DESCRIPTION |
ATTORNEY
FEES
US $ |
OFFICIAL
FEES
US $ |
TOTAL
FEES
US $ |
|
Online Identity("knockout") Search for wordmark
(not a design) to locate any identical prior registered mark, fees are per mark, per class |
100 |
none |
100 |
|
Online screening search includes USPTO search
plus internet based common law search. |
|
|
|
|
Search, full, per mark, per class - these include an
online identity search plus a comprehensive search |
500 - 800 |
none |
500 - 800 |
|
US Application for registration, one
class (includes online identity search)
Each additional class |
200
75 |
275 TEAS+,
325 TEAS, 375 paper
|
475-575
350-450 |
|
Claiming priority, one per application |
100 |
|
100 |
|
Certifying an International (Madrid Protocol) application based on one basic
application or registration, per class
|
100 |
100 |
200 |
|
Certifying an
International (Madrid Protocol application based on more
than one basic application or registration, per class |
100 |
150 |
250 |
|
Amendment to Allege Use
Statement of Use |
150
150 |
100
100 |
250
250 |
|
Request Extension of Time to File
Statement of Use |
150
|
150
|
300
|
|
Application for renewal (including
affidavit of continuing use) - timely/late |
350/ 400 |
500/ 600 |
850 / 1000 |
|
Drawing up and filing a reply to an
official action short/med/long |
110/210/420* |
Varies (normally
none) |
110-420+ gov. fee
(if any) |
|
Negotiating with an opponent prior to
opposition (minimum) |
200/hr |
|
200/hr |
|
Affidavit of Continuing Use
(§8 Affidavit) - per class |
150 |
100 |
250 |
|
Affidavit of Incontestability
(§15 Affidavit) - per class |
150 |
200 |
350 |
|
Affidavit of Continuing
Use/Incontestability
(§8 & §15 Combined Affidavit) - per class |
250 |
300 |
550 |
|
Filing an opposition / cancellation |
840* |
300 |
1140* |
|
Additional services rendered in handling
an opposition |
200/hr |
varies |
200/hr |
|
Recording of Power of Attorney (free if
power is to our firm) |
75 |
none |
75 |
|
Request for Extension of Time to File Opposition
(First/Second-) |
100/200* |
none |
100/200 |
|
Recording Assignment or Security Instrument(US) |
150 |
40 |
190 |
|
Recording Assignment of Security Instrument (Madrid) |
150 |
40 |
190 |
Recordal of merger or change of name
of
trademark owner |
150 |
40 |
190 |
Obtaining priority certificates of
trademarks from Trademark Office |
75 |
30 |
105 |
|
Filing an administrative (ex parte)
appeal against a refusal
|
420* |
100 |
520 |
Taking over prosecution of a trademark
application (review of case & recording new power of attorney) |
210 |
|
210 |
|
Notice of Opposition (per class) |
500 |
300
|
800
|
|
Petition for Cancellation (per class) |
500 |
300
|
800
|
| Madrid Protocol Application |
300* |
varies
|
varies
|
* Minimum fee. (Hourly rate applies to items over
minimum.)
For trademark work not listed above, we will gladly
quote you our fees.
SCHEDULE OF
MINIMUM
CHARGES FOR PATENTS
Hourly Rate: Attorneys $155 - $275 /
hr. + expenses
Paralegals $
60 - $ 90 / hr. + expenses
|
DESCRIPTION |
ATTORNEY
FEES
US $ |
OFFICIAL
FEES
US $ |
TOTAL
FEES
US $ |
|
Initial Consultation (up to 1/2 hour) |
free* |
|
free* |
|
Patentability Search without Opinion |
400* |
|
400* |
|
Patentability Search with Opinion |
700* |
|
700* |
|
File Provisional US Patent Appl. (small / large
entity) |
500 - 5000 |
100/200 |
600/700 -5000 |
|
File regular (Utility) US Patent Appl. (small / large
entity)
Fee for each indep. claim over 3
Fee for each claim in excess of 20 |
3,000 min.5000
avg
|
500/1000
100/200
25/50 |
3,500/4000min
5500/6000avg
100/200
25/50 |
|
Filing a PCT (Int'l) Patent application
based on prior US Case |
|
included |
5500* |
|
Translation of specification and claims
from Spanish, French or German into
English, per 100 English words |
15 |
|
15 |
|
Formal drawings, per sheet
By duplication, per sheet |
150
10 |
|
150
10 |
|
Claiming Priority (with document) |
100' |
|
100' |
|
Late filing oath |
100 |
130 |
230 |
|
Filing an appeal and brief (small/large) |
1,000' |
890 / 445 |
1890/1445 |
|
Reporting an Official action (minimum) |
150 |
|
150 |
|
Attend to minor official requirements |
100' |
|
100 |
|
Replying to an Official action (minimum) |
250* |
|
250 |
|
Requesting extension of time:
a) First month (large/small entity)
b) Second month (large/small entity)
c) Third month (large/small entity) |
100
100
100 |
120 / 60
450/ 225
1020 / 510 |
220 / 160
550/325
1120/610 |
|
Notice of Appeal (minimum) |
100* |
500/250 |
600/350 |
|
Preparing and filing appeal brief |
500* |
500/250 |
1000/750 |
|
Request for oral appeal hearing |
100 |
1000/500 |
1100/600 |
|
Presentation of oral argument
|
2000*
|
none
|
2000
|
|
Final steps of prosecution, pay issue
fee,
and airmail certificate |
300 |
1,370/675 |
1,670 / 975 |
|
1st
Maintenance (large/small)
2nd Maintenance (large/small)
3rd Maintenance (large/small) |
125
125
125 |
940/470
2150/1075 3320/1660 |
1065/595 2275/1200 3445/1785 |
|
Recordal of assignment of applied patent |
150 |
40 |
190 |
|
Recordal of assignment of granted patent |
150 |
40 |
190 |
|
On receipt of Power of Attorney,
ratifying
steps taken at the Patent Office |
75 |
|
75 |
|
Enter National stage, (PCT) - search done
by EPO or JP |
|
|
4200 |
* Indicates that hourly rate applies
and minimum is usually exceeded.
SCHEDULE OF
MINIMUM
CHARGES FOR DESIGN PATENTS
Hourly Rate: Attorneys $155 - $275 /
hr. + expenses
Paralegals $
60 - $ 90/ hr. + expenses
|
DESCRIPTION |
ATTORNEY
FEES
US $ |
OFFICIAL
FEES
US $ |
TOTAL
FEES
US $ |
|
Filing a Design Patent application with 2
sheets of drawings Drawing
preparation (per extra sheet) |
800
150 |
430/215 |
1230/1015 |
|
Responding to Official Action (typical) |
300* |
|
300 |
|
Formal drawings, per sheet
- By duplication, per sheet
Searches per class (minimum) |
100
10
250 |
200 |
100
10
450 |
|
Claiming Priority ' |
50 |
|
50 |
|
Final steps of prosecution, processing
details of issued design and airmailing
certificate |
260* |
440/220 |
700/480 |
|
Recordal of assignment of applied design |
160 |
40 |
200 |
|
Recordal of assignment of granted design |
160 |
40 |
200 |
|
On receipt of Power of Attorney,
ratifying
steps taken at the Patent Office |
75 |
|
75 |
* hourly rate applies - amount is
estimate
SCHEDULE OF
MINIMUM
CHARGES FOR PROVISIONAL PATENT APPLICATIONS
Hourly Rate: Attorneys $155 - $275 /
hr. + expenses
Paralegals $ 60 - $ 90 / hr. + expenses '
|
DESCRIPTION |
ATTORNEY
FEES
US $ |
OFFICIAL
FEES
US $ |
TOTAL
FEES
US $ |
|
Prepare and file application using high
quality client
disclosure (small/large entity) |
500* |
80/160 |
580/660* |
|
Prepare and file application using sparse
disclosure (small/large entity) |
2500* |
80/160 |
2580/2660* |
|
Additional charge for late filing of fee |
100 |
25/50 |
125/150 |
|
Modifications to disclosure |
hourly |
-- |
hourly |
* Indicates that hourly rate applies to
items over minimum.
SCHEDULE OF
MINIMUM
CHARGES FOR COPYRIGHT
Hourly Rate:
Attorneys $155 - $275 / hr. + expenses
Paralegals $ 60 - $ 90/ hr. + expenses
|
DESCRIPTION |
ATTORNEY
FEES
US $ |
OFFICIAL
FEES
US $ |
TOTAL
FEES
US $ |
|
Filing an application, when all papers
received ready for filing, and
forwarding filing particulars to you, and forwarding certificate to you |
155* avg |
45 |
200* |
|
Preparing and filing application from
information supplied, including docketing
and forwarding filing particulars and certificate to you |
230 |
45 |
275* |
|
Record assignment or other document of
title change (Prep of recordal cover sheet form) |
150 |
40 |
190 |
* Indicates that hourly rate and amount
is min or estimated avg, as indicated.
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