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Re: Re: The cost of obtaining US Patent


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Posted by M. Arthur Auslander on June 13, 2000 at 04:51:51:

In Reply to: Re: The cost of obtaining US Patent posted by Liz Vecino on June 12, 2000 at 07:47:48:

: : 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

There is no direct relationship between cost and value. If you spend a lot, and patents are not cheap, you still can't tell whether the lawyer is working for you or the fee.

The less you pay the more you are assured that there is little time to focus on quality. A patent is of no value, as far as enforcement is concerned, unless the claims are broad, valid and
and sustained by the specification.

There is a $100M a year scam where companies induce people to file applications and agree to promote for a percentage of the profits. My understanding is that the overall cost of that system is about $8000.

It is 1 in 10000 that make more than they spend.

We like to start with a very inexpensive "Reality Check" which considers the whole picture even before a patent search. Even if patenting seems feasable it may not be worthwhile pursuing. A weak patent could be a valuable scarecrow.

Cost and time in prosecution can vary depending on what happens in the patent office. The is no way to accurately predict. Unsually there are no big problems.

A recent change in the law has opened a new field of patents which include e-commerce. It usually take from a minimum of abour 9 months to about three years to get a patent issued.

It usually should take at least several weeks for the preparation of the application. It is not adviseable to rush. Rushing may cost more. A patent search usually takes a few weeks to be completed. Premium pay can expedite a rush.

It is essential to keep the invention secret and unused intil filing since, "divulgation or use" before the first patent application is filed, voids valid patent rights in almost every country of the world, except the US.

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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