|Written by Gene Quinn
Patent Attorney & Founder of IPWatchdog
Widerman & Malek
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Posted: Dec 8, 2008 @ 8:21 pm
My name is Gene Quinn and I am a patent attorney and the founder of IPWatchdog.com. I am member of the law firm of Zies, Widerman & Malek, where I provide clients with a full range of patent services, including patent searches, patentability opinions and patent applications. Our firm also represents clients in litigation, trademark, trade secret and copyright matters. If you would like our assistance with your invention, or if you need business or other intellectual property law or litigation assistance please contact me via e-mail. To view references please see Recommendations. In the event that I am unable to get back to you in a timely manner, initial contact may be made by Mark Malek, who is the attorney in charge of our intellectual property practice at Zies, Widerman & Malek. For more information on our services please see:
Widerman & Malek IP Partners
Patent Searches & Patentability Opinions
If you are interested in filing a patent application to protect your invention it is always a good idea to first conduct a U.S. patent search to help make sure that there are no patented inventions that can be found that are to closely similar to your own invention. We can provide you with a search report and opinion/assessment for between $1,000 to $2,400, depending on the complexity of the technology involved and the amount of prior art to be considered. If you are interested in our search services send me an e-mail and I can give you a quote once I learn a little about your invention.
For more information on patent searches see:
- Patent Search FAQs
- Patent Searching 101
- Patent Searches: A Great Opportunity to Focus on What is Unique
Provisional Patent Applications
We can typically prepare and file a provisional patent application for between $2,500 to $3,000 plus the filing fee ($125 for individuals and businesses with 500 or fewer employees) and the cost of professional illustrations if required (usually $300). If your invention relates to a computer implemented process or other complex innovation the cost typically rises to $6,000 because in order to adequately describe your invention a lot more needs to be done, hence the higher price. The big benefit with respect to provisional patent applications is that there are no formal requirements for filing, so they are quicker and easier to prepare. Thus, they can be filed faster with the Patent Office and cost less to prepare.
For this price we will draft your application and file it at the US Patent Office. For this fee we will not undertake a patent search, nor can we offer any patentability opinions. If you are interested in receiving a quote for our services please send me an e-mail. For more information on provisional patent applications see:
- File a Patent Application Before Market Evaluation?
- The Risk of Not Immediately Filing a Patent Application
Nonprovisional Patent Applications
It is impossible to give any general guidance with respect to the costs associated with preparing and filing a nonprovisional patent application, at least until a good deal is known about your invention. Notwithstanding, I have done my best to provide some information at Cost of Obtaining a Patent. If you have us prepare and file your provisional patent application and then subsequently want us to prepare and file a nonprovisional patent application we will start where we left off on the provisional application, so efforts will not be duplicated, which will translate into savings versus having another attorney starting from scratch. The filing fees (there are actually 3 fees all due at the time of filing) for a nonprovisional patent application are presently $800 assuming you qualify as a small entity, which is an independent inventor or company with fewer than 500 employees. If you are interested in receiving a quote for our services please send me an e-mail.
For more information on nonprovisional patent applications see:
Design Patent Applications
We can prepare and file a design patent application for you for $2,000, assuming you qualify for small entity status (i.e., an individual or company with 500 or fewer employees). This will include our legal fees, the filing fees due to the United States Patent Office and professional patent illustrations. Design patents have been issuing in about 7 to 9 months. You should budget about another $1,500 for additional fees. There will be additional fees due to the Patent Office for the publication and issuance of the patent, and there will be some additional attorneys fees. If you are interested in receiving a quote for our services please send me an e-mail.
For more information on design patent applications see:
- Federal Circuit Decides Egyptian Goddess Case (extremely important)
- Nike Sues Walmart on Design Patents
- Surprisingly, US Design Patent Filings Down in 2009
A trademark is a significant asset, and all businesses should seek to protect their trademarks and names by filing a trademark application with the United States Patent & Trademark Office. Having a federal registered trademark will prevent others from using the trademark or any similar trademark anywhere in the United States, so federal trademark rights are far superior to any State trademark rights or so-called common-law trademark rights that you might have.
Zies, Widerman & Malek can assist you with respect to preparing, filing and obtaining a US trademark. We charge $700 for the preparation and filing of a US trademark application with the United States Patent & Trademark Office, plus the filing due to the Trademark Office, which is between $275 to $325 per classification.
There is no great mystery lurking in the intellectual property world, but until one becomes acquainted with the fundamentals and basic principles this area of law can look more like black magic than anything else. The trouble with intellectual property law, licensing and invention marketing is not that it is to difficult to understand, but there are so many different facets of protection available, and many different strategic paths that can be followed, that figuring out what needs to be done can seem a daunting task. This is where IPWatchdog can help.
Rather than spending endless hours looking for answers I can answer your questions directly and explain any concepts that are unclear. I can also help you determine whether pursuing intellectual property protection is feasible and economically wise. If you do wish to move forward he can also help you create a plan of action to follow in an effort to protect, market and economically capitalize on your invention. My current hourly billing rate is $400 per hour. If you are interested in receiving a quote for our services please send me an e-mail.