The patent application process begins with you, the inventor, providing a full disclosure of the invention to me. I, in turn, can then provide you with a firm estimate of the legal fees involved with the preparation and filing of the application. Many established clients still utilize the traditional hourly billing method, which is always available.  It usually takes about six to eight weeks to prepare an application and have it ready for filing.

The next phase of the application process is the prosecution phase. This phase comprises tasks such as disclosing potentially relevant references to the United States Patent and Trademark Office (the “USPTO”) and responding to one or more communications from the USPTO, called office Actions. In the first office Action, the Examiner most always rejects at least some and sometimes all of the claims. We then have an opportunity to amend your application in an attempt to resolve the Examiner’s concerns or simply provide legal arguments without amending the claims. It is impossible to determine the amount of time and effort required to respond to an office Action before it is received and reviewed. Yet, after I review the office Action, I can provide a firm estimate as to how much it will cost to respond to the office Action prior to beginning preparation of a response. Alternatively, the traditional  hourly billing method is available.  It is noteworthy to keep in mind that there may be more than one office Action with respect to any given application. After the cycle or cycles of receiving and responding to office Actions are completed, most patent applications are ultimately allowable. It is typical for the prosecution phase to last from about 1 to 2 years.

The government charges an issue fee and sometimes a publication fee before a patent will be issued. Maintenance fees are due after issuance to keep a patent in force for its full term.

About this Site

This web site is provided for informational purposes only. This web site does not contain legal advice. No attorney-client relationship is created by you reading the information contained on this web site, nor by you sending unsolicited email to this web site.

Questions ?

I welcome your comments and questions, either by telephone or by email. However, please do not send confidential communications to me without first providing me with your full name and the general subject matter of your inquiry. It is of the utmost importance that I perform a conflict of interest check prior to having an in depth discussion with you, as I may already represent a party adverse to or somehow connected to your matter. In such a case, I may have a duty to disclose any information that you provide to my existing client.