GET THE RIGHT ANSWERS ABOUT PATENTS – RIGHT NOW.™
Contact attorney Jeff Hunt at (512) 499-8900 or email him at jhunt@moorelandrey.com for a free consultation and to discuss patenting your invention.
We serve inventors and corporations from around the country.
Be Realistic
If you are an inventor or businessperson considering the subject of patent applications or patent infringement litigation, I urge you to be realistic – patents are a complex area of the law. Your first step should be to speak with a Patent Lawyer about your situation. You will save dozens of hours surfing the internet. Most importantly, you will avoid disastrous patent mistakes. Recently, the Federal Courts have decided many cases against patent owners by finding their patents to be unenforceable for various reasons. Each case like this is a disaster for the patent owner. Keep in mind that each case involved U.S. Patents issued by the Patent Office, for which inventors and well-known companies invested tens of thousands of dollars to file and obtain.
Be Well-Informed
Because of the complexity in obtaining and enforcing patent rights, you need to be well-informed going in. Most importantly, if you are seeking to invest in obtaining a patent, or if you have patents that are being infringed by competitors, you need to feel comfortable with the real odds that a patent issued by the U.S. Patent Office is valid and will actually be enforced in court to protect your larger investments in related physical and financial assets. If you choose to pursue a patent application today, you should obtain only high quality services from a knowledgeable Patent Lawyer. You will save yourself dozens of hours surfing the internet, and tens of thousands of dollars on patent mistakes, by calling an experienced Patent Lawyer first. Free information on websites is nice, but incomplete and can lead you in the wrong direction, because every situation is different. So, if you can invest a few minutes, call me and determine which factors are likely to be most important in your general situation. I can guide you in the right initial direction. During a brief FREE phone consultation, I can provide ANSWERS to many of your general questions about patent applications, searches, patent licensing, strategy, changes in patent law, and patent infringement litigation. I am happy to invest a few minutes to speak with you by phone for free, because many such prospective clients decide to use our legal services. Our firm represents individual inventors and a variety of companies, from start-ups to public corporations.
Patent Applications
Moore Landrey patent attorneys have extensive experience in the preparation or prosecution of numerous patent applications. The subject matter of some of these applications includes the following:
coatings, adhesives, catalysts, chemical processes, materials, purification processes, waste handling, control systems, signs, displays, food service equipment, snow-removal equipment, cranes, boats, plumbing fixtures, appliances, medical equipment, imaging equipment, medical supplies, mining equipment, printing processes and inks, material handling equipment, excavators, water and wastewater purification equipment and processes, unit operations including flotation, separation and filtration, chains, bearings, power tools, sporting equipment, consumer goods, surveillance systems, sensors, network systems, biological processing equipment, and semiconductor processing.
For preparation of patent applications in some technical areas, we consult with other experienced patent lawyers, or technical consultants such as Ph.D.’s, having an appropriate technical background. This is particularly true for subject matter involving electronics, computers, electrical engineering, and biotechnology.
Based upon recent experience, patent applications when granted are typically examined and issued in a period of about 24 to 36 months after filing. This process can be much faster if your patent application is written in extremely narrow language, but such language can greatly limit your patent rights. Ordinarily, it is favored patent practice to seek broad protection over a longer period. Before your patent issues, it may be advantageous to file a continuation application to pursue additional claims.
Fees
Attorney fees for preparation and filing of a U.S. patent application average about $6,500.00. Actual cost will depend upon the overall difficulty of preparing your application. You will be provided a firm estimate before work commences. Once you approve our budget and provide a suitable retainer, work can commence.
Costs tend to be lower than average for applications involving only simple, readily described subject matter. For example, applications in the mechanical arts tend to cost less than complex applications in the electrical arts, computer arts, biotechnology arts, and chemical arts.
Government fees for filing a U.S. patent application begin at $515.00 for a small entity. Before issuance of a patent, typically in about 24 to 36 months after filing an application, a small entity issue fee of $720.00 is due. However, please remember that issuance of a patent is not guaranteed. Statistics explaining the rate of issuance of patents are available at the website of the U.S. Patent Office (www.uspto.gov). For example, issue rates for some areas of technology are as low as about 20% of filed applications. Additional fees, called maintenance fees, are due 3.5, 7.5 and 11.5 years after issuance of each patent.
While a patent application is pending in the U.S. Patent Office, applicants typically receive a series of correspondence, frequently in the form of Official Actions rejecting the patent application. It is necessary for the applicant to provide an adequate written, timely response to each rejection in order to avoid abandonment of the patent application. Typically, attorney fees for preparation and filing responses range from $1500.00 and up, per response. Again, there is no guarantee that a patent will, in fact, be issued. There may also be a need to engage in certain appeal processes, or to file continuation applications. Fees for appeals are typically set by negotiation. Continuation applications are similar in cost to original applications.
Patent Infringement Litigation
Jeff Hunt is a member of the experienced patent litigation team of Moore Landrey LLP. The firm represents clients from across the United States in patent infringement litigation, including both plaintiffs and defendants. Clients include individual inventors and companies, ranging in size from small private companies to major public corporations. The team can evaluate your patent infringement litigation matter and provide you a frank assessment.
Attorney fees range from $300.00 to $500.00 per hour for representation on an hourly basis. As discussed below, our patent litigation team will consider undertaking representation of plaintiffs on a contingent fee basis, or hybrid contingent fee basis, in compelling cases involving patent infringement.
Contingent Fee Patent Litigation
Moore Landrey LLP is one of very few firms with a proven track record of successfully representing small plaintiffs in patent infringement litigation on a contingent fee or hybrid contingent fee basis. Contingent fee patent litigation typically is undertaken by the firm when a small company or individual inventor, who cannot afford to pay large hourly legal fees, presents a compelling patent case which merits the high risk entailed by contingent fee legal representation. This does NOT mean that the patented subject matter must be related to cutting edge “high technology”. Rather, this means merely that (i) the subject patents are solid, (ii) the acts of infringement are clear, and (iii) the overall story makes sense. A combination of these and other factors can make some patent cases compelling for contingent fee representation.
Disclaimers and Privacy Policy
1. Moore Landrey LLP are not your lawyers for any purpose. Legal services are available only upon execution by both parties of a separate written contract for professional services and accompanied by actual receipt of any necessary retainer payment.
2. If you have specific legal questions or require representation in a specific matter, you must consult a qualified attorney as soon as possible in order to avoid forfeiture of potential legal rights and defenses. Any general information provided at www.moorelandrey.com is not a substitute for the advice and services of a qualified attorney. We have no knowledge of any facts about your specific situation.
3. moorelandrey.com provides only general information and does not provide legal advice or legal services. Any legal information provided here is to be used only for general informational purposes. The information set forth here cannot be relied upon for any purpose.
4. WARNING: By statute and common law, patent rights and potential patent rights are subject to termination. For example, certain statutory bars expire not more than one year after public disclosure, public use, or making an offer to sell an invention. The meanings of these terms can be broad and requires specific knowledge of applicable law. Legal rights are subject to termination as a result of the expiration of time limits, such as upon expiration of any “Limitation Period” provided in any Statute, or for certain periods of unreasonable delay. You should immediately consult a qualified attorney in order to avoid unintended forfeiture of your legal rights or potential legal rights.
5. Privacy Policy: We collect no information about you, unless you choose to send us an email communication, or if you choose to call us. Any incidental information provided about you, your computer, or the location or connection of your computer to the World Wide Web via a web browser is periodically discarded. We do not provide your information to any third party.
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