Burdlaw.com

STANDARD SCHEDULE OF TYPICAL ATTORNEY AND GOVERNMENT FEES

USA INTELLECTUAL PROPERTY LAW MATTERS

2012-11-01 to 2013-08-30 (24th Revision. First published 1993-09-15)

Bruce E. Burdick, JD, Managing Attorney

THE BURDICK LAW FIRM

3832 Omega Street, Alton, IL 62002-2100 USA

(12 mi. north of downtown St. Louis, MO)

Email: b@burdlaw.com Tel: 1+ (618) 462-3450 Fax: 1+ (618) 208-1712

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. (If you doubt that, check this higher fee schedule from another patent attorney http://www.connorspatentlaw.com/fee.html.) This burdlaw.com fee schedule is intended to assist you in estimating MINIMUM typical USA intellectual property fees. It is not the schedule for any particular case or firm, including our own, 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 and/or OFFICIAL UNITED STATES COPYRIGHT OFFICE FEES incorporated in the fee schedule below are typically raised October 1 of each year by about 3%, so many US attorneys (me included) adjust their intellectual property schedules around that time to reflect new Government fees so fee schedules are only good for a limited period, usually about a year. If you have any doubt as to the accuracy of an official Government fee listed in the schedule, check the United States Patent and Trademark Office Official Fee Schedule (for patents and trademarks) or Copyright Office Official Fee Schedule (for copyrights).  For example, most novices to trademarks are surprised that the Government fee for renewing a trademark (including a requisite affidavit of use) is $500 while it only costs as little as $275 to file the original application. Most novices to patents are surprised that an application can be filed for $110 (small entity provisional) but an 800 fee must be paid to have it issued and maintenance fees of up to $3000 are required.  This is because the United States Patent and Trademark Office fees are rear end loaded to make those reaping financial reward through valuable issued patents and trademarks pay most of the fees so that initial filings are encouraged and actually subsidized.

2. ---These are TYPICAL MINIMUM fees for rough estimation purposes to help you spot cut-rate or inflated fees, which may indicate cut-rate quality or over-charging. High quality intellectual property legal work does not come cheap and good firms seldom cut fees below these minimums, because they know the minimum amount of time and expense required for quality performance of the various services they perform. Fees on individual matters may vary, particularly in patent cases, since the higher the technical complexity or more detailed the invention, the more attorney time is required for a good patent disclosure.

3.---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, including ours, do "pro bono publico" (for the good of the public, i.e. charity) work in limited amount.  Many firms, including ours, 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 arrangements.  Regardless of how billed, though, the MINIMUM fees are likely to be at least as high as those listed below. Generally, but not always, the larger the law firm the higher the minimum fees since large firms have bigger overhead due to fancy offices, more expensive equipment, more support staff and often time consuming office politics and communications. Also, smaller firms generally give better customer service to smaller clients while larger firms generally give better service to larger clients. We can explain why this is true although for most it will be self-evident.

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 much higher if the legal issues are unusual and/or technology issues are much more complex than minimum.  For example a patent application on a new baby bottle costs only a fraction of what a patent application on a major pharmaceutical blockbuster or a major commercial software release costs because it requires only a fraction of the attorney time to prepare and does not require a patent attorney with a PhD whereas the pharmaceutical patent application might.

4. --- Most US Firms will be happy to give you a free initial consultation of up to about a half hour so they can meet you and determine how much work your situation might require and will gladly give fee estimates upon request after a review of your case information to determine what may be needed, so if a firm declines to do so there is a good chance the firm is either unqualified, overpriced or not very experienced.

5.--- Most US Firms give the initial consultation (a) in confidence to protect both you and the law firm and (b) for free or for a significantly reduced price to encourage new clients and (c) most do a preliminary conflict of interest check to determine if they must refuse your work due to a prior relationship with another client. The larger and older the firm, the more clients it will have had, so the more likely it is that the firm will decline your case due to a conflict.

INITIAL CONSULTATIONNo charge for first 1/2 hr., $50 for second 1/2 hr., $200/hr. thereafter.

Initial consultation fees are credited as a retainer for further work of $500 or more in attorney fees.

MINIMUM CHARGES – TRADEMARKS – see official fees at USPTO Oct. 5, 2012 Fee Schedule

Hourly Rate: Attorneys $155 - $350 / hr. + expenses  Paralegals $ 60 - $ 100 / hr. + expenses

Typical case highlighted in orange is $550 including official fees.

SERVICE

ATTORNEY
FEES
US $

OFFICIAL
FEES
US $

TOTAL
FEES
US $

Trademark Electronic Search System identity search, wordmark, per mark, per class (included in application fee, if application filed)

100

none

100

Standard clearance online search per mark, per class

300-500

none

300-500

Comprehensive search, per mark, per class

500 - 800

none

500 - 800

US Application for registration, filed online using TEAS PLUS, in one class (includes online identity search using TESS and description of goods and services in accordance with official US guidelines)

Each additional class

Surcharge for paper-only filing (not recommended, strongly discouraged , and only done if you insist)

275



75

100

275



275

100

550



350

200

Claiming priority, per class

100


100

Amendment to Allege Use
or Statement of Use (per class)

150

100

250

Request Extension of Time to File
Statement of Use

150

150

300

Drawing up and filing a reply to an official action  short/med/long

125/250/500+*

Varies (normally none)

110-420+ gov. fee (if any)

Negotiating with an opponent prior to
opposition (minimum)


250/hr



210/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 one class, plus 150 each additional class

300

550 one class plus 450 each additional class

Combined Renewal and Affidavit of Continuing Use
(§9 Renewal and §8 Affidavit)  - per class

250 one class, plus 150 each additional class

500

750 one class plus 650 each additional class

Filing an opposition / cancellation

840*

300

1140*

Additional services rendered in handling
an opposition

200/hr

?

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)

100*

none

100

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

Record with CBP (customs)

410

190

600

* Hourly rate applies to items of complexity over minimum, such as where application is rejected by United States Patent and Trademark Office for other than simple technical reasons.

 

 

 MINIMUM CHARGES – PATENTS – see official fees at http://www.uspto.gov/web/offices/ac/qs/ope/fee092611.htm

For a detailed explanation of patent fees from another firm (to verify the reasonableness of the fees quoted here) see http://www.ipwatchdog.com/patent/patent-attorney-fees-explained/

Hourly Rates [excluding expenses]:

Attorneys $150 (novice attorneys)-$450 / hr. (seasoned litigators) Avg. about $275/hr as of 2012-09-01

Paralegals $ 60 - $ 120 / hr. + expenses



Typical case fees are highlighted in orange

typical cost to file provision + nonprovisional US$5855. nonprovision without provisional US$5530

SERVICE

ATTORNEY
FEES
US $

Current OFFICIAL
FEES
US $

AIA Proposed OFFICAL

FEES in US$

Micro/Small/ Large

TOTAL
FEES
US $

Modifications to disclosure

Hourly*

--


Hourly*

Patentability Search without Opinion

400



400

Patentability Search with Opinion

750



750

File US Provisional Patent Appl. (small / large entity) with disclosure as prepared by client without editing by attorney

600 min * (varies greatly with complexity)

125/250

70/140/280

725* (varies greatly with complexity)*

File US Prov. Pat. Appl. (small / large entity) with client disclosure needing significant editing

1700 min * (varies greatly with complexity)

125/250

70/140/280

1825* (varies greatly with complexity)*

File US Provisional Patent Appl. (small / large entity) with disclosure prepared by attorney based on sketchy disclosure by client

2100 min * (varies greatly with complexity)

125/250

70/140/280

2225* (varies greatly with complexity)*

File US Patent Appl. (small / large entity) electronically based on prior provisional with basic, search & exam fee [usually filed 11 months after provisional filed]

3400 min.* (varies greatly with complexity)

530/1250

400/800/1600

4,030/ 4750* (varies greatly with complexity)*

File US Patent Appl. (sm/lg) without prior provisional

5000

530/1250

400/800/1600

5530/6250* (varies greatly with complexity)

File US Patent Appl. (small / large entity) in paper with basic, search & exam fee

3800 min.* (varies greatly with complexity)

730/1650

800/1200/2000

4530/ 5450* (varies greatly with complexity)*

Fee for each indep. claim over 3


125/250


125/250

Fee for each claim in excess of 20


30/60


30/60

Filing a PCT (Int'l) Patent application

2,967+*

3533+


6500+*

Translation of specification and claims
from Spanish, French or German into
English, per 100 English words



15





15

Drafting preparation of Formal drawings, per sheet
Preparation of formal drawings by duplication, per sheet

120


10



120


10

Claiming Priority (with document)

100



100

Late filing oath

100

65/130

35/70/140

165/230

Reporting an Official action (minimum)

150



150

Attend to minor official requirements

100+

varies


100+

Replying to an Official action (minimum)

Typically $1000

(min.$300)

varies

300 and up

Extension of time:
1st mo (small/large entity)
2nd month
3rd month

4th month

5th month

100
100
100

200

200

75/150
280/560
635/1270

990/1980

1345/2700

50/100/200

150/33/600

350/700/1400

550/1100/2200

750/1500/3000

175/250
380/660
735/1370

1190/2190

1545/2900

Notice of Appeal (minimum)

100*

310/620

259/500/1000

410/720

Preparing and filing appeal brief

750*

310/620

0

1060/1370

Request for oral appeal hearing

50

620/1240

325/650/1300

670/1290

Final steps of prosecution, pay issue fee, receive
and airmail certificate

300

870/1740

240/480/960

2040/1170

1st Maint. Fee (sm/lg)
2nd Maint. Fee
3rd Maint. Fee

125
125
125

565/1130

1425/2950

2365/4730

400/800/1600

900/1800/3600

1850/3700/7400

1255/690

2975/1550

4855/2490

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)

900*

380-1000


1280-1900* depending on where int'l search was done.

Record with CBP (customs)

410

190

190

600

* Indicates that hourly rate applies to items over minimum. Note that for patent applications, the technical disclosure depends on the complexity of the invention. Most individuals have relatively simple disclosures, although there are exceptions, particularly in the chemical, medical, computer and biological fields. Most companies have more sophisticated disclosures such that the minimums are usually exceeded significantly.

 

 

 

 MINIMUM CHARGES - DESIGN PATENTS – see official fees at http://www.uspto.gov/web/offices/ac/qs/ope/fee092611.htm

Hourly Rate: Attorneys $150 - $350 / hr. + expenses, Paralegals $ 60 - $ 120/ hr. + expenses

Typical case highlighted in orange

SERVICE

ATTORNEY
FEES
US $

OFFICIAL
FEES
US $

AIA Proposed OFFICAL

FEES in US$

Micro/Small/ Large

TOTAL
FEES
US $

Filing a Design Patent application

650

175/350


825/1000

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


70/140/280

50

Final steps of prosecution, processing details of issued design and airmailing certificate


260


440/220

70/140/280


700/480

Recordal of assignment of applied design

160

40

70/140/280

200

Recordal of assignment of granted design

160

40

400/800/1600

200

On receipt of Power of Attorney, ratifying
steps taken at the Patent Office


75

 



75

 

 

MINIMUM CHARGES - PROVISIONAL PATENT APPLICATIONS – see official fees at http://www.uspto.gov/web/offices/ac/qs/ope/fee092611.htm

Hourly Rate: Attorneys $150 - $350 / hr. + expenses Paralegals $ 60 - $ 120 / hr. + expenses

SERVICE

ATTORNEY
FEES
US $

OFFICIAL
FEES
US $

AIA Proposed OFFICAL

FEES in US$

Micro/Small/ Large

TOTAL
FEES
US $

Prepare and file application using high quality client
disclosure needing negligible editing (small/large entity)


500*


125/250



610/720*

File US Prov. Pat. Appl. (small / large entity) with client disclosure needing significant editing

1700 min * (varies greatly with complexity)

125/250


1825* (varies greatly with complexity)*

Prepare and file application using sparse disclosure or needing total rewrite (small/large entity)


2500*


125/250



2610/2720*

Additional charge for late filing of fee

100

65/130


125/150

Modifications to disclosure

Hourly*

--


Hourly*

* Indicates that hourly rate applies to items over minimum. Note that for patent applications, the technical disclosure depends on the complexity of the invention. Most individuals have relatively simple disclosures, although there are exceptions, particularly in the chemical, medical, computer and biological fields. Most companies have more sophisticated disclosures such that the minimums are usually exceeded significantly.






MINIMUM CHARGES FOR COPYRIGHT LAW WORK – see official charges at http://www.copyright.gov/docs/fees.html

Hourly Rate: Attorneys $155 - $275 / hr. + expenses & Paralegals $ 60 - $ 90/ hr. + expenses

Typical case highlighted in orange.

SERVICE

ATTORNEY
FEES
US $

OFFICIAL
FEES
US $

TOTAL
FEES
US $

Electronically (paperless) prepare and electronically file an application, when all information complete and received ready for filing, and forward filing particulars to you, and forward certificate to you

Same but with paper filing

150*



$200*

35



$50

185*



$250*

Electronically prepare and file application from information supplied, including docketing and forwarding filing particulars and certificate to you

Same but with paper filing

225*



$275

35



$50

$260*



$325+

Record assignment or other document of title change (Prep of recordal cover sheet form)

Preparation of most other copyright recordings is same as for assignment

150

40

190

Record electronically with CBP (customs)

410

190

600

* Indicates that hourly rate applies to items over minimum.