IP services and costs

Since a good deal of information continues to grow on this site, this page is a helpful shortcut explaining our IP services:

  1. Patent Filings in the US
  2. Patent Protection in Foreign Countries
  3. Trademark Filings in the US
  4. Trademark Protection in Foreign Countries
  5. Trademark Oppositions and Cancellations (TTAB)
  6. IP Strategy

Patent Filing Services in the US

We offer flat rates for filing patent applications. The biggest cost factors are the complexity of the technology and the number of variations, also known as “embodiments” of the invention. No NDA is required to communicate with a patent attorney.

Utility nonprovisional patent application

A nonprovisional patent application is the starting point for obtaining a utility patent. Feel free to send us a brief invention disclosure with bullet points of key features so that we can then provide you with a flat rate estimate for drafting and filing a nonprovisional application, which typically starts at $6,500. Our drafting service does not include a patentability search which starts at $1,500.

Utility provisional patent application

The purpose of a provisional patent application (PPA) is to provide support for the subsequent nonprovisional patent application. While our firm can certainly draft provisional applications, our fee would be approximately 75%-90% of our nonprovisional drafting fee.

A significantly less expensive option would be our “As Is” Provisional Patent Application package where we review your write-up and provide you with comments for improvement. We then file your revised draft. The cost of our “As Is” provisional filing service is $990 for a small entity, including our $850 flat rate and $140 USPTO small entity fee. Our provisional filing service balances the needs of cost, speed and patent attorney review.

Design patent application

Proper design drawings upfront are the key factor in obtaining design patents promptly. With an over 80% chance of getting your design patent application allowed, the objections that will likely arise, if at all, will concern the quality of your design drawings. Our flat fee for filing a design patent application is $700, not including USPTO and illustrator fees.

Patent Protection in Foreign Countries

For foreign utility patents, you can file a single international PCT application which will eventually need to be nationalized in each desired foreign country, or separate patent applications in each individual foreign country / foreign patent office.

We work with several foreign IP firms around the world. We employ different cost-saving strategies, such as the Patent Prosecution Highway and piggybacking off our experience with prior art rejections in your US application to save time and money in responding to those same rejections by foreign patent examiners.

There are also different options for pursuing international design patent protection.

Trademark Filing Services in the US

The key to a successful registration of a trademark in the US is the preliminary work done before filing the trademark application. We offer the following trademark due diligence on the two most probable trademark refusals:

  1. Knockout search of highly similar trademark filings in your particular class(es) of goods/services that might present a higher risk of a rejection based on likelihood of confusion; and
  2. Preliminary thoughts on risk of a mere descriptiveness rejection.

Trademark knockout search

Our knockout search focuses on trademark filings with the USPTO, which includes live registrations and pending applications. Our knockout search does not include common law trademark usage. By identifying the biggest risks to registration, our clients have the opportunity to pivot to a new mark before investing substantial time and resources developing a particular brand.

Trademark application

Our trademark filing service includes rewording your goods and services to match the USPTO Manual of Identification. This typically shortens the trademark application process by avoiding trademark Office Actions that object to the description of your products.

Trademark Protection in Foreign Countries

Trademark owners may seek foreign trademark registration by filing either a single Madrid Protocol application, or multiple trademark applications in each desired foreign country or jurisdiction. The initial filing cost will depend upon which foreign countries are desired, and whether you choose to file a Madrid application or separate applications in each individual foreign country.

Trademark Oppositions & Cancellations – TTAB

Trademark oppositions involve pending trademark applications while cancellations pertain to registered marks. By my rough estimation, only 2% of TTAB cases reach a final decision so there is a high probability of settlement or early resolution. Our firm offers flat rates for certain tasks in TTAB oppositions and cancellations.

IP Strategy

Entrepreneurs and startups simply cannot ignore IP issues in today’s business world. Our IP services include IP strategy sessions where investigate infringement concerns and build plan for protecting your company’s intellectual property.

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Vic Lin

Vic Lin

Startup Patent Attorney | IP Lead Partner at Innovation Capital Law Group
Why disadvantage yourself by waiting to protect your IP? Do you enjoy seeing others register your innovation? The mission of our registered patent attorneys is to equip you with solid IP rights that result in funding, growth and sales. Email or call us so we can get to work! (949) 223-9623 | vlin@icaplaw.com
Vic Lin

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