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Re: The cost of obtaining US Patent


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Posted by M. Arthur Auslander on March 04, 2000 at 04:48:59:

In Reply to: The cost of obtaining US Patent posted by Carsten B. Jensen on March 03, 2000 at 15:13:13:

: Could anyone give me an idea of the cost of getting a professional patent lawyer to file for a patent for a business method related to e-commerce.

: I would like to know the total cost and if you could also give an idea of how long the process is from initial contact to law firm untill the patent is filed.
: Thanks in advance
Cost is the last issue and is expensive. Saving money may usually be a waste.
Just because and idea is good and just because you get a patent does not relate to making money.
I assume that money is the principal objective.
I've had clients come to me with valid patents that not only were worthless but that gave away the technology.
I start with a Realilty Check, not whether or not a patent can be obtained but what you have what you want to do with it and the reality of the likelihood of being able to get the result. Even if it is clear to me that a patent ought to be able to be obtained I may not recommend proceeding even to a patent search if it looks as if it will be a waste of the inventors money.
If Reality looks good the the first step usually is a patent search. With businness methods in e commerce the searching may be a bit sparse and risky. It has been only a few years since such patents have been allowed, thus the search may be limited and the secret applications filed won't show. My searcher is a registered practicioner who interviews an examiner that is likely to get your application to get a better picture of what to search and what may be encountered.
The price of the appplication does not relate to the patent you get. If the price is very low, little time can be spent on the subtleties of the specification and the support of hoped for claims. If the price is high there is no assurance that the lawyer is working for you or himself.
Patents don't come in fixed boxes. One does not know what to expect in the patent office. There are almost always costs for prosecution. There are drawing cost.
The Reality Check also takes into account the backing that is available or how to look for it and how to promote. Where a patent may look weak and the marketing strong a patent application may be of more value than the patent.
I've got a patent for a client now that will make money irrespective of its claim strength. The marketing and promotion with a trademark will do the trick.
The minimum patent office filing fee is $345 before taking into account lawyers fees and drafting fees.
There is a 100M a year scam inducing inventors to file applications. This includes promise to promote the invention for a percentage of the royalties. Last I've heard 5 in 10000 have made more than they pay. I can show you how to promote the without having to share royalties.
I have heard of a legitimate patent lawyer that charges for sending soliciations letters to sell inventions.
The first thing you get with my firm is a Reality Check and a credit for the check against a search if you proceed further.
There is no question in my mind that you have used something that this firm has patented and or trademarked.
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
ELAINE's Workshop (sm)
E arly L egal A dvice I s N ot E xpensive



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