Burdlaw.com

STANDARD SCHEDULE OF TYPICAL ATTORNEY CHARGES AND GOVERNMENT FEES

FOR

USA INTELLECTUAL PROPERTY LAW MATTERS

October 1, 2008 - September 30, 2009

Bruce E. Burdick, JD

THE BURDICK LAW FIRM

www.burdlaw.com

THE BURDICK LAW FIRM

3656 Western Ave.

Alton, IL 62002-3156 USA

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. This fee schedule is intended to assist you in estimating 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 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 (me included) adjust their intellectual property schedules around that time to reflect new Government fees so this schedule has a listed window of validity. If you have any doubt as to the accuracy of a 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).

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, low priced or 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.

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 freely discuss fees and 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.


SCHEDULE OF STANDARD MINIMUM CHARGES FOR TRADEMARKS

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

Paralegals $ 60 - $ 100 / hr. + expenses

DESCRIPTION

ATTORNEY
FEES
US $

OFFICIAL
FEES
US $

TOTAL
FEES
US $

Online Identity Search, wordmark, online identity , per mark, per class (included in application fee, if application filed)

100

none

100

Search, full, per mark, per class

500 - 800

none

500 - 800

US Application for registration, filed online, in one class (includes online identity search 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)

225

 

75

100

275

 

275

100

500

 

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

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

125/250/500+*

Varies (normally none)

110-420+ gov. fee (if any)

Negotiating with an opponent prior to
opposition (minimum)


210/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

* 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.

 

 


SCHEDULE OF STANDARD MINIMUM CHARGES FOR PATENT LAW WORK

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

Paralegals $ 60 - $ 120 / hr. + expenses

DESCRIPTION

ATTORNEY
FEES
US $

OFFICIAL
FEES
US $

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

500 min * (varies greatly with complexity)

110

610* (varies greatly with complexity)*

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

2000 min * (varies greatly with complexity)

110

2110* (varies greatly with complexity)*

File US Patent Appl. (small / large entity)

 Fee for each indep. claim over 3

Fee for each claim in excess of 20

3500 min.* (varies greatly with complexity)

395/790

44/88

18/36

3,395/ 3,790* (varies greatly with complexity)*

44/88

18/36

Filing a PCT (Int'l) Patent application

2,500*

2,607+

5107+*

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

120
10

 

120
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


110 / 55
430/ 215
980 / 490


210 / 155
530/315
1080/540

Notice of Appeal (minimum)

100*

340/170

440/270

Preparing and filing appeal brief

750*

340/170

840/670

Request for oral appeal hearing

50

300/150

350/200

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

500*

1110/555

1610/1055*

* 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.

 

 

 


SCHEDULE OF STANDARD MINIMUM CHARGES FOR DESIGN PATENTS

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

Paralegals $ 60 - $ 120/ hr. + expenses

DESCRIPTION

ATTORNEY
FEES
US $

OFFICIAL
FEES
US $

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

 

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

 

 


SCHEDULE OF STANDARD MINIMUM CHARGES FOR PROVISIONAL PATENT APPLICATIONS

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


110/220


610/720*

Prepare and file application using sparse disclosure (small/large entity)


2500*


110/220


2610/2720*

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. 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.

 

 


SCHEDULE OF STANDARD MINIMUM CHARGES FOR COPYRIGHT LAW WORK

Hourly Rate:     Attorneys $155 - $275 / hr. + expenses

                            Paralegals $ 60 - $ 90/ hr. + expenses

DESCRIPTION

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*

 

$175*

35

 

$45

185*

 

$220*

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

Same but with paper filing

225*

 

$250

35

 

$45

$250*

 

$295

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

 * Indicates that hourly rate applies to items over minimum.