Re: Re: The cost of obtaining US Patent
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Posted by M. Arthur Auslander on April 06, 2000 at 05:35:28:
In Reply to: Re: The cost of obtaining US Patent posted by King Lewis on April 05, 2000 at 09:33:42:
: : 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
Using a licenced professional avoids the $100M a year scam where promoters induce the unwary to file patent applications and agree to pay the promoter a percentage of the profits. The profit come about one in 10k while the promoters laugh their way to the bank.
Just like with doctors prices for legitimate patent lawyers vary and even the Offical filing fees change. The client has to find a patent lawyer that he can trust and is not just out for the fee alone.
I had a client come to me recently with an issued patent whose technology was being used by others. The patent came from a licenced practioneer, the protection under the patent did not broadly cover the use that was disclosed in the application and there was nothing he could do. The inventor spent many thousand dollars and got no value.
This does not mean that every patent is going to make money nor does it guarantee that a good patent will make money. There are times when a narrow patent may have value to the owner. The basic Official Filing Fee starts at $345. A search should be conducted to get a better idea whether it is adviseable to file.
The process usually take more than a year for the patent to issue after it is filed. The costs of what happens after filing and the time frame are not rigid.
The time for preparation varies with the circumstances of the art and the case load of the practioner. One can rush a filing but when the chips are down in Patent Office prosecution or worse in an infringement suit, a slipshod specification or bad claims may fail.
The initial cost depends on the complexity of the subject matter and even with an unlicenced hack the cost is several thousand dollars.
My firm starts with a Reality Check up front even before a patent search. The Reality Check ofentimes saves time, money and worry.
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
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