So how much would it cost an individual or a small business to get a patent? Let's start with the fees from the US Patent Office. To file a basic patent application the fee is $500. When the patent is granted, there is a $700 issue fee along with a $300 publication fee. There may also be surcharges if the patent application is over 100 pages or has more than 20 claims.
Attorneys who specialize in other practice areas must deal with local, state, and national laws, but patent attorneys only need to be concerned with patent law, which is nationally regulated. A California patent attorney can assist you in New York without ever meeting you in person.
Let's talk about that second question first. An attorney owes all sorts of ethical duties to his client. The attorney would be violating any number of them by writing a non disclosure agreement that he will later sign. As a practical matter, I hate to think that there might be some lawyers who are actually charging clients to prepare an NDA just so the client can then ask them some questions about how to patent their invention.
People who are in need of a patent attorney can find one by browsing the internet or by addressing to the legal organizations found in their town or district. The USPTO site also has a database with the best attorneys and patent agents which handle their applications, so it is a good idea to use one from their website.
In the middle of the road is the small firm that specializes in patents. This firm will have a senior patent attorney that is very experienced. There will also be several junior patent attorneys. The junior patent attorneys will likely do most of the patent writing.
A good time to do this is during an initial consultation. Your attorney will be ready to discuss fees at this first meeting, and you should be ready to do the same. Clarify whether you will be charged by the hour (time-based billing) or by the task (fixed-fee billing), how often you will receive a bill and payment terms.
A patent attorney will be useful in such circumstances. He will make a complete study of your idea and go through the illustrations and drawings thoroughly. He will conduct a search in order to confirm the novelty of your concept and then only take up the case to apply for a patent.
So if you lack some or all of these capabilities or you just want to make sure your patent application is correct, then you need to hire a patent attorney. This is a case of a penny saved equals $10.00 lost. Of course you need to do your due diligence. You need to know that your idea will indeed be profitable.
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