NATIONAL PHASE FILING
INFORMATION (Foreign Applicants Only)
NOTE: We are not a foreign filing shop. There are law firms that specialize in
filing large quantities for foreign cases for very low fees. Such firms have staffs of paralegals to
handle large volumes of cases. We
cannot compete on price with such firms.
If, however, you need revision, amendment, or other substantive work
performed, our services may be a good value for you. NOTE ALSO that we generally require a 100% advance from new
clients.
The
following is a list of fees and charges for filing a National Phase Application
in the United States claiming priority from a foreign-application under 35 USC 119,
PCT Application under 35 USC 371 or continuation status of a PCT application
under 35 USC 120. All PTO fees are
listed for LARGE ENTITY. Halve the fees
for a small entity (e.g., less than 500 employees). Note these quotes are estimates only. We do reserve the right to charge more for “rush” jobs.
We
also strongly suggest you allow us to revise the application into U.S. Format,
including the Specification, Claims, and Drawings. We can perform this service for a nominal fee. The savings in the multiple dependent claim
fee ($290) as well as in reduced prosecution costs make this service a
considerable bargain. We generally
charge $500 to $1000 to revise an application to U.S. standards.
Under
the Paris Convention, you can file a U.S. Application claiming priority from a
foreign-filed application (filed in a treaty country) within one year of the
date of filing of that foreign application.
Patent Office Filing Fee (Large Entity) (1) (3)................................................................................ 1,000.00
Our Fee for Preparing and Filing Application ................................................................................. 1,000.00
Photocopying/postage/Faxing/FedEx (estimated) (4)........................................................................... 25.00
A
PCT Application is considered to be a U.S. Patent Application. Any time during the “pendency” of the PCT
application (30 months from the priority date) you can file a regular U.S.
Application in the United States claiming Continuation priority as if from
another U.S. Patent Application. A
Certified Copy of the original Priority Document is Required to file under 35
USC 120. This type of filing is
cheaper, as the filing fee is less and the forms needed to file are not as
extensive. Also, the filing fee need to
be paid at the time of filing.
Patent Office Filing Fee (Large Entity) (1) (3)................................................................................ 1,000.00
Our Fee for Preparing and Filing Application ................................................................................. 1,000.00
Photocopying/postage/Faxing/FedEx (estimated) (4)........................................................................... 25.00
A
371 or “National Phase” case is somewhat more expensive than a 35 USC 120
filing, as the filing fee is more, and the number and complexity of forms
needed for PCT branch is greater .
Certified copies of the priority document are not required. One advantage to 371 filing is that international
standards for restriction requirements are applied to the application. Note that the filing fee varies depending on
whether the US Patent Office was selected as the PCT search or examination
authority. This example quote assumes
the RO/US was not the ISA or IPEA.
Patent Office Filing Fee (Large Entity) (1) (3)................................................................................... 900.00
Our Fee for Preparing and Filing Application ................................................................................. 1,000.00
Photocopying/postage/Faxing/FedEx (estimated) (4)........................................................................... 25.00
Additional Services and Charges:
Preparing and filing Assignment Documents (if
required).............................................................. $175.00
Patent Office Assignment Recordation Fee......................................................................................... $40.00
Reporting of filing; or communications from
Patent Office (2)......................................... NO
CHARGE
Preparation and Filing of IDS.............................................................................................................. $175.00
Filing of any miscellaneous Paper with USPTO (if
required)....................................................... $175.00
NOTE 1: This
price quote assumes the application is sent to us translated into English and
in form for filing “as-is”. Additional
charges would be incurred if the application is not in proper form for
filing. Also, this price quote assumes
we have a minimum of one month prior to the bar date to file. Additional fees are applicable for “rush”
jobs.
NOTE 2: We do
not charge for reporting of routine matters (filing of application; receipt of
papers, and the like). Thus, the
charges you see here are substantially all the fees you will pay for filing
your national phase case with the USPTO.
There are no hidden “reporting” charges.
NOTE 3: USPTO
fees are raised or adjusted every October.
This is not a guarantee of USPTO fees.
See http://www.uspto.gov/ for
current fees. Note that additional
claim fees and application size fees may also be due. This price quote page is not a guarantee of PTO fees.
NOTE 4:
Photocopying/Postage/Faxing/FedEx are all invoiced at actual costs or at
the following rates:
Photocopying:
$0.25 per page
Domestic
Fax: $0.50 per page
Overseas
Fax: $1.00 per page
Postage/FedEx/Delivery
invoiced at actual costs.
FORMAL
DRAWINGS:
We
use COMPUDRAFT (www.patentillustrating.com)
for our formal Drawings. Estimated cost
is approximately $50 to $100 per sheet.
Note that the USPTO may require formal drawings after filing due to new
publication requirements. We strongly
suggest filing formal drawings early as extensions of time for filing formal
drawings are no longer permitted.
“Rush” jobs will cost more, so it is better to file early.
NOTE: If your PCT drawings are formal, we may be
able to download them from http://www.wipo.org/
and submit them as formal drawings.
We
are happy to provide a written price quotation for preparing Amendments
in response to Office Actions. Unlike
some firms, we do not offer “lowball” prices to file applications and then make
up the difference by padding our prosecution bills.
The
following are our guidelines for Patent Prosecution expenses:
Review and file Amendment prepared by Applicant
of foreign associate................................... $500.00
Preparation and Filing Amendment in Mechanical
Case (estimate)............................ $700.00
to $1250
Preparation and Filing Amendment in Electrical
Case (estimate)................................ $950.00
to $2250
Preparation and Filing Response to Notice to file
Missing Parts.................................................. $175.00
Preparation and Filing of Election or Restriction
response............................................................ $175.00
Paying Issue fee and submitting issue fee
documents..................................................................... $175.00
To keep our overhead low we will require a retainer to cover initial filing expenses and fees for all new clients. We cannot advance fees and services on behalf of clients without a billing history track record.
For
clients with an established billing history, no advance on fees or services is
required.
We reserve the right to refuse service to any
client who is not compatible with our practice.