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Going Rates

Started by fewyearsin, 06-15-21 at 10:15 PM

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fewyearsin

Curious what going rates are for patent prosecution these days.  Don't leave any info you're not comfortable with, but if you can give rate ranges for different types of prosecution work and where you see those numbers (solo, small firm, biglaw, corporate, etc.).

I've seen rates for OA responses in the $1200 to $4000 range, usually in the low 2s; and new app drafting from $4k to $15k, mostly depending on client volume.  But my data points are outdated and from limited experience/contacts, thus the curiosity.  And I've heard that demand for lawyers is up, though maybe not specifically patent attorneys.
This comment does not represent the opinion or position of the PTO or any law firm; is not legal advice; and represents only a few quick thoughts. I'm willing to learn, let me know if you think I'm wrong. Seek out the advice of a competent patent attorney for answers to specific questions.

redtalun

There was a recent post on reddit with several datapoints on current rates: https://www.reddit.com/r/patentlaw/comments/qwuun0/the_cost_to_draft_a_patent_applicationrespond_to/

unclear how the current inflationary environment will affect flat fee budgets.

abc123

Quote from: redtalun on 06-21-22 at 05:04 AM
There was a recent post on reddit with several datapoints on current rates: https://www.reddit.com/r/patentlaw/comments/qwuun0/the_cost_to_draft_a_patent_applicationrespond_to/

unclear how the current inflationary environment will affect flat fee budgets.

Interesting thread. Thanks for posting it.

SteveO

The fees you indicate -- are those (a) what the law firms are charging the clients, or (b) what is being paid as a project fee to the drafting attorney. If the former ('a'), do you have any idea what percentage of the total fee is going to the drafting attorney (or agent)?

fewyearsin

Quote from: SteveO on 09-23-22 at 11:01 AM
The fees you indicate -- are those (a) what the law firms are charging the clients, or (b) what is being paid as a project fee to the drafting attorney. If the former ('a'), do you have any idea what percentage of the total fee is going to the drafting attorney (or agent)?
Those were "law firm charging the client" numbers.  I've seen percentages from 25-50 for what goes to the drafting attorney.  The broad, general rule I keep hearing is 1/3 to the attorney, 1/3 to the partnership, and 1/3 toward "expenses" (rent, secretary, etc.).
This comment does not represent the opinion or position of the PTO or any law firm; is not legal advice; and represents only a few quick thoughts. I'm willing to learn, let me know if you think I'm wrong. Seek out the advice of a competent patent attorney for answers to specific questions.



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