Balser & Grell IP Law, LLC specializes in Intellectual Property Law, including Patents, Trademarks, Copyrights, Business Contracts, Inventor Entity Formation (LLC, S-Corp.), Internet and Related IP Matters.
Preliminary Federal Trademark Screening: Attorney time to perform a federal Internet trademark search to spot potential federal registration problems. Time 1-2 days
Trademark Applications: Attorney time to federal trademark application plus a $325 USPTO filling fee for a single goods/service class & single mark; for each additional goods/service class $150 attorney time (plus $325 additional filling fee for each additional goods/service class). Trademarks fall into one or more of 45 classes of goods and services description categories. Time to prep: 1-2 weeks. Use Trademark applications (currently promoting mark across state lines) typically take 6 months to receive an office action from USPTO and 6 months thereafter to register. Add another 6 months to 2 years for Intent to Use Trademark applications (intend to later promote mark across state lines). Additional fees are required to respond to a Trademark office action.
Detailed Consultation/Opinion: means to review any related patents or patent applications you located, locate and negotiate the manufacture of a prototype, and advise you on your invention’s potential from my 15 years of experience working with inventors, developers, manufactures, and distributors of invention products.
Document your Invention: Title, Summary of Invention (list of elements and how they interact), List of Advantages, Hand Drawing or Picture of a Prototype, Date of Conception of Invention, Date of Drawing or Prototype built, Sign & Date, Witnessed (objective)
Competing Product Research: Attorney time to perform internet market research searching for products and services relevant to your invention, identify the companies & manufactures offering similar products for sale, identify any cost of goods sold information and product literature, search for relevant contacts within such companies, and their contact information. Time 1 week
Patent Search: Attorney time to perform a patent search & provide you with copies of prior art references (US patents & published patent applications) located during our search of your invention, plus a telephone discussion regarding a broad analysis of the search results. To prepare a written patentability opinion, read and analyze each piece of prior art, and draft patentability opinion letter ($500-1000). Business Method patents can run $900 to perform the search. Time 1-2 weeks
Cover Sheet US Provisional Patent Application: Attorney time to prepare a US Provisional Patent Office filing and efile your written description and figure(s), plus a $110 USPTO filling fee. NO attorney review of your invention form and figure(s) will be provided and the extent of your patent protection is subject solely to the material set forth in your invention form and figure(s). Time to prep: 1 week.
US Provisional Patent: Attorney time to prep a US Provisional patent application for a simple single embodiment mechanical invention; however, depends on complexity of your invention, number of drawings, and usefulness of any your written description and figure(s), plus a $110 USPTO filling fee. Time to prep: 2-4 weeks.
US Regular Patent Application: Attorney time to prep a US patent application for a simple single embodiment mechanical invention; however, depends on complexity of your invention, number of drawings, and usefulness of any provisional application/written record of invention, plus a $550-$1000s USPTO filling fee (depends on no. of claims, figures, total page count), and $50-100 per drawing draftsman charge, where rates may be adjusted. Time to prep: 3-5 weeks.
A product (not an idea) is patentable if it is novel (new) and nonobvious to one of ordinary skill in the art. Also deadlines may exist regarding public use, offers for sale or sales if such activity is more than a year old it may be a bar to patentability. Utility Patents cover the useful or functional aspects of your invention.
You are also reminded that any public use or sale of your invention in the United States or publication of the invention anywhere in the world more than one year prior to the filing of a patent application will prohibit the granting of a U. S. patent. Foreign patent laws in this regard may be much more restrictive than U.S. law.
Other Services: Copyright, Business Contracts, Licensing, and LLC formation
By Mat Grell, Trademark Attorney