Legal Question in Intellectual Property in Texas
I had a patent firm that filed a patent application for me. The examiner has made a non-final decision denying all claims. 1. Is that a standard response of the examiners and 2. Is $2000 a reasonable fee for my attorney to draft a response and meet with the examiner?
2 Answers from Attorneys
Yes, this is a standard response from the patent examiner. The patent prosecution process is a negotiation between the inventor (attorney) and the patent office. Your attorney will try to argue to get you the broadest scope of protection for your invention. $2000 sounds like a very reasonable fee for your attorney to prepare the response to the office action.
Ditto. Most first office actions are a rejection of all claims. Sometimes a few claims are allowed, and on some rare occasions all claims are allowed. Getting all claims allowed on the first action is like having a used car dealer accept your first offer, it means you probably did not get the best deal possible. Standard fees for experienced patent attorneys are about 200 per hour and 10 hours to prepare a response is about right for a rejection of all claims, some drawing issues and some minor specification amendments.
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