Legal Question in Intellectual Property in Ohio

Patent cost / lawyer fees?

I have a small business and I have filed a provisional patent application very recently. I am now thinking about now applying for a real utility patent. I already have professional drawings and the good explanation completed as recommended by ''Patent it yourself'' book as I had needed to turn something in for the provisional patent application. Given a lot of the work has been completed excluding prior art research, how much should I expect to pay 1) Patent office 2) Patent Agent/Attorney to finish my real utility patent? My idea is not very complicated (nothing more than a unique label for my manufactured product) that has certain new uses.


Asked on 8/26/08, 3:27 am

2 Answers from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Patent cost / lawyer fees?

The answer depends on the attorney that you hire. The preliminary work that you have done may be of use, but you need to ask the questions on whether there was a complete search done to determine prior art in the area as well as does your writing totally describe the invention. A good utility application takes between 20 and 50 hours to prepare depending on the complexity. There may be extra charges to prepare and submit office actions, etc. The average charge is about 350.00 per hour and you can see it may cost some money to prepare. As a small entity you will have to pay reduced filing fees in the range of 500.00.

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Answered on 8/26/08, 4:25 am
Lawrence Graves Coolidge & Graves PLLC

Re: Patent cost / lawyer fees?

First mistake was drafting the provisional application yourself -- this limits the scope of claims that can be filed in the full-blown application. You can hire some agents/lawyers very cheaply and get what you pay for. The better ones will not charge less than $5k. If you want wallpaper (i.e., a nice-looking certificate that confers no real rights), by all means shop on the basis of price. Much better, however, to interview prospective counsel (most will give a free initial consultation) to learn more about the process and how each lawyer would approach drafting your claims.

Best wishes,

LDWG

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Answered on 8/26/08, 6:54 am


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