Re: Re: Re: Re: Re: Re: Re: Have a Idea.....need advice

Subject: Re: Re: Re: Re: Re: Re: Re: Re: Have a Idea.....need advice

Comments:
: : To set the record straight we have posted the entire email sent to Mr. Harkey and others who inquired about our services. You will find it at the bottom of this posting. As our email states this is not an offer to perform services, it is a request for input on how we can provide a service fair to inventors and us. We would appreciate comments from other inventors also. We have not posted a name yet, because we are not yet ready to provide this service, as we have not yet reached an understanding of how to receive proper compensation. Names will be provided once we are ready. : : The “Fees” Mr. Harkey refers to are the USPTO filing fees. The “Engineering fees” Mr. Harkey mentions are the estimated fees paid to a draftsman for creating the USPTO required patent drawings. According to USPTO ethical cannons, it is unethical for an attorney pay these fees for a client. We did include a $300 attorney fee for an attorney to review the application and claims. We believe that an experience attorney should review the claims drafted by a patent agent to ensure the breadth and scope of the claims. We believe this fee to be nominal. : : Although not stated, we contemplate that the inventor upon his acceptance of patent application ready for filing in the USPTO will pay the fees. Of course, we will need a method to ensure that the inventor does not simply file the application without us. Any thoughts? : : According the “American Intellectual Property Law Association 1999 Report” attorneys charged, on average, over six thousand dollars ($6,000) for preparation and filing a mechanical patent application. This six thousand excludes the USPTO filing fee and draftsman fees mentioned above. Adding filing fees, draftsman fees, to these attorney fees the average inventor in 1999 paid over eight thousand dollars ($8,000) for a filing relatively complex mechanical patent application in the USPTO. These numbers have increased in the past three years. : : Inventors should understand that filing the patent application does not end the attorney’s work. It is necessary for the attorney to respond to USPTO official actions, restrictions, and other events. Each of these events requires the attorneys time, time that could be utilized to bill other clients. : : So, the estimate of saving a couple of hundred dollars is off by at least six thousand dollars ($6,000). And by my experience, I would say your savings would be well over ten thousand dollars ($10,000). : : Furthermore, an Inventor should understand that the governmental fees do not end once a patent is filed, nor issued. After filing the application, the inventor will pay USPTO issuance fees and USPTO maintenance fees. Once again, ethically we cannot pay these fees for the inventor. These fees are not insignificant to a small inventor. Our contemplated service will of course require that the inventor pay the issuance fee and maintain the invention for the full patent term. We could only expect to receive royalties, our contingent fee, on valid enforceable patents. Otherwise we have simply wasted our time on pro bono work. We do want to make money. Further, we would expect the inventor to take affirmative measure to market, license, or sell for value the patent. : : We are trying to outline a way for small inventors to patent solid commercially viable inventions at low cost. The ethical rules and USPTO do not allow us an opportunity to do so at no cost to the inventor. : : Finally, yes Mr. Harkley this is a true contingency arrangement. The contingency is that we as lawyers and patent agents are giving up our fees in order to receive a steady stream of royalties on the small chance that an invention should make money. Most patents do not make money. : : : : ***** : : Respone we received. : : Well the "Contingency" plan only costs Fees, plus $500 for engineering. then 25% of the royaltys. Thats not a real contingency is it?? : : Its a good idea, but I would only save a couple of hundred dollars. Hard for me to give away 25% of my idea to save a couple hundred. : : **************** : : Email to Mr. Harkley and others inquiring of our services. : : We are opening a contingency fee service for : : filing patent applications. We would appriciate your input and may : : soon be able to refer your case to a contingency patent agent to file : : a patent application for you. : : As the United States Government requires fees for filing patent : : applications, and draftsmen are necessary this service will not be : : entirely without cost to you. This is where we would like your : : input. Currently, USPTO filing fees are $740 utility application : : filing fee, draftsmen charge approximately $500 per application : : drawings, and review by attorney of patent application approximately : : $300. : : The arrangement will require the : : inventor to pay all government fees as well as draftsman fees and : : applicaiton review fees for a total of approximately $1,500. These : : fees are not insignificant, but are required mostly required by US : : government. There are government provisions lessening the fees by : : half for small entities (sole inventors and small corporations). If : : this is applicable the filing fees would be reduced to $370, the : : draftsman and attorney fees would remain the same. Further there are : : Government fees required upon issuance of the patent, fees after 4, : : 8, and 12 years to maintain enforceable patent and others may be : : required for excessive numbers of claims, extension of time for : : patent process review. A list of all fees can be found at : : http://www.uspto.gov/web/offices/ac/qs/ope/1999/fee20011001.htm#patfil : : Thus, we can not offer to file a patent application for you at no : : cost to you. We seek your input on a service where you pay the : : governmental fees as noted above. We provide a USPTO Registered : : Patent Agent to draft your patent application. In return you would : : provide a Royalty bearing license for 25% of all revenue generated by : : your patent, for the life of the patent to the agency. : : This is a new service and we would like your input. : : www.contingencylawyers.freeservers.com : Dear Contingency, : If you have such a good thing going why are you hiding the name of the legitimate patent practitioners involved? : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : America On line Instant Messenger screen name artauslander : ELAINE'S Workshop® : E arly L egal A dvice I s N ot E xpensive

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