The three types of patents are utility, plant and design. Charges are based on $250.00 per hour attorney's fees plus costs of preparation and filing.
U T I L I T Y P A T E N T
The utility patent offers the most protection and is the most expensive to get on file. A utility patent can be sought for a simple article, a machine, a process or a composition. One gets a utility patent by proving that the idea is new, useful and unobvious.
The charges for a search before filing a utility patent application depend on complexity. Most searches are done for about $1,500 to $3,000. The search is required.
The charges for filing a utility patent application depend on complexity. As complexity and length increase, so does the price. Most patent applications are filed for between $5,000 and $7,000, including costs and attorney's fees. Costs include drawings and filing fees. Before any work is started on a patent application, $1,500 to $2,500 is required as a retainer.
Other fees will occur after filing. There will be an issue fee (if a patent is granted). If a mistake is made by the Patent and Trademark Office, the petition fees and attorney's fees to correct that mistake can be added costs.
The Patent and Trademark Office will usually reject a patent application at least once. The charges for responding to a rejection usually range from $400 to $1,500 additional for each rejection depending on complexity.
D E S I G N P A T E N T
A design patent protects a new, useful and ornamental article. The charges for getting a simple design patent application on file are a minimum $550 plus costs. A search is not usually done for a design patent. Response fees are the same as those for utility patents.
P L A N T P A T E N T
A plant patent protects a new, useful and unobvious asexually reproduced plant. Charges for a plant patent are close to those of a utility patent.
T R A D E M A R K
The charges for getting an Illinois State Trademark on file are a minimum $300.
The attorney's fees for getting a federal trademark application on file are a minimum $550 plus costs. If the federal trademark application is rejected, response fees are similar to those of a utility patent. Interstate commerce use is required to get a federal trademark. If a trademark application is filed without interstate commerce use, costs can increase.
In most cases, there must be a search prior to filing a federal trademark application. A trademark search costs about $275. to $1,000.
There are additional filing fees and attorney's fees over the life of a federal trademark.
C O P Y R I G H T
The charges for getting a copyright on file are a minimum $400. Keeping the samples of the work on file at the copyright office can result in additional charges. If the copyright application is rejected, response fees are similar to those of a utility patent.
P A Y M E N T S C H E D U L E
The requirements for payments for intellectual property law work are based on $250 per hour plus costs and a minimum expected charge. For any minimum charge up to $500, the entire fee is due in advance. For minimum charges over $2,000, $1,500 is due as a retainer. One half (½) of the remaining minimum fee is due prior to receipt of the rough draft. The balance of the minimum fee is due prior to receipt of the final draft. Upon signing of the application, any fee balance and costs are due. Only after all fees and costs have been paid will the application be filed, unless an interest-bearing agreement is reached of two percent (2%) per month on the unpaid balance.
After filing of an application, if a mistake is made by the involved government agency, the petition fees and attorney's fees to correct that mistake can result in additional costs.
There is no guarantee that the filed application will be successful. Even if one gets a patent, trademark or copyright, there is no guarantee that profit will come as a result thereof.