2008 International Patent Filings

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There are two primary patent treaties used to file patents in foreign countries:

1. Patent Cooperation Treaty (PCT); and

2. Paris Convention

As a general rule, use PCT if more than 3 countries are needed.  Otherwise, it is more efficient to use the Paris Convention.  The treaties compared:

ANTICIPATING COSTS

Forecasting costs is difficult for international patents.  However, expect to spend anywhere from $5,000 for a patent in Canada to $14,000 for a patent in Japan.

NATIONAL ENTRY ADVANCES ON COSTS

Advances on foreign associate fees and administrative costs are required prior to national entry in a foreign jurisdiction.  These fees are held in trust for the benefit of the client.  A  statement of trust activity is prepared for the client on a monthly basis.  The advance trust fund requirements are:

• $5,000 for a foreign country accepting English-language applications;

• $10,000 for a foreign country requiring certified translations.

This advance must be replenished on a monthly basis to ensure that foreign applications, prosecution and annual maintenance fees are promptly paid.

FOREIGN ASSOCIATES AND INTERNATIONAL APPLICATIONS

We frequently administer the foreign filing of patents and trademarks through various international treaties.  In doing so, we retain the services of foreign attorneys in the appropriate jurisdictions.  Coordinating the administration, docketing and communication to foreign counsel is procedurally complex and demanding.  All members of our paralegal staff have attended seminars in Washington D.C. on international treaty procedures and filings.  We also conduct ongoing education within the firm to maintain this proficiency and to stay current with changes in the law.

Our firm is responsible for handling the docketing, communication and instructions to foreign counsel. Time expended on administering foreign matters is billed primarily at paralegal hourly rates.

SUMMARY OF FEE REQUIREMENTS

Patent Cooperation Treaty 

• $4,200 flat legal fee for initiating filing include government fees
• Prior to national phase entry, an advance on foreign prosecution costs must be place in trust:
  • $5,000 - English-language countries
  • $10,000 – Countries requiring translations

 Paris Convention:

• $1,800 flat legal fee for certified copy of application & initiating filing with foreign counsel

• Advance on foreign prosecution costs must be place in trust:
  • $5,000 - English-language countries
  • $10,000 – Countries requiring translations

* All members of the firm are registered to practice before the U.S. Patent & Trademark Office (USPTO).  All associates of the firm are either registered or practice before the USPTO or eligable for such registration.

Typical Overall Budgets
 

Initial consultation:	$225
Provisional Patent:	$2,500
Patent Search:	$2,400
Full Utility Patent:	$9,600-15,000
Trademark Search:	$1,680
Federal Trademark:	$1,800
Copyright:	$400

DETAILED FEE INFORMATION

Patent Application Fees (HTML)

FEE & PROCESS FLOWCHARTS

Mechanical Inventions (PDF)
Software Inventions (PDF)
Trademark Applications (PDF)

INTERNATIONAL FEE MATTERS

Foreign Patent Filing
Foreign Trademark Filing

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