U.S. NATIONAL APPLICATION FOR PCT APPLICANTS
National Phase Filing in United States. Attorney
Louis Ventre, Jr. can represent you in filing a United States national
application based on a PCT application. Attorney Louis Ventre,
Jr. can prepare the filing fee transmittal paper, a transmittal document
identifying the application as a national stage application, a power of
attorney (which you must sign), a copy of the published international
application and the translation (if not in English), and an oath or
declaration (which you must sign).
National Phase Attorney Fees - Small Entity.
Attorney Louis Ventre, Jr. offers hourly or fixed fee services. For most small entities, Attorney Louis Ventre, Jr.
low cost fixed-fee option ($600 + government filing fees), includes
preparation of the above documents and filing your application as it was
originally filed and translated. When foreign language applications
are involved, Attorney Louis Ventre, Jr. will review the claims for form
and obvious mistranslations without additional cost. If extensive
corrections are needed, the applicant will be advised and an estimate of
costs provided (see two paragraphs below). Large entity fees are
$800 + government filing fees.
(According to the American International Property Law Association 2007
Economic Survey, the typical attorney fees for entering the national stage
from a foreign origin application are $900.)
National Phase Attorney Fees - Urgent Last Minute
Service. If you require last minute priority service above
all other clients because of an impending loss of rights, fees can rise to
$1,500. The Law Firm of Louis Ventre, Jr. urges you to act with not
less than 5 days before expiration of your allowable filing date.
National Phase Attorney Fees - Least Cost Pre-Filing
Additional Services. In the Law Firm's additional service
fixed-fee option (cost of service = $1,500 plus government filing fees),
Attorney Louis Ventre, Jr. will review and rewrite the application in
technical and grammatical English using United States claim form and
structure. A preliminary amendment that complies with United States
Patent Office examination practice will then be prepared and submitted
with the application.
For foreign language patent applications, this service is recommended
because foreign drafted patent applications often require revision to
obtain the full level of protection for the invention entitled to the
inventor, to enhance clarity of the write-up, to ensure that the
description is legally enabling and to employ claim scope terminology
utilized in the United States for the maximum coverage. A
preliminary amendment can provide more options for responding to the
patent office in the future. Poorly drafted original claims can
limit an applicant to only one opportunity to amend by right during
prosecution in the event that the second U.S. Patent Office Action on the
merits is made final.
National Phase Attorney Fees - Other Services &
Patent Prosecution. Attorney Louis Ventre, Jr.'s hourly
rate for most small entities is $150 per hour.
For applications originally prepared by Louis Ventre, Jr., there is a
maximum charge for most patent prosecution costs of $2,500.
For applications originally prepared by others, the average patent
prosecution costs for range from $3,000 - $4,500.
Fees are $250 per hour for those who do not qualify for small entity
status with a maximum charge for most patent prosecution costs of
$5,000. Not included in the maximum charges are appeals,
interferences, and petitions.
National Phase -- Costs. Costs, for
example translation and filing fees, are billed to you without overhead
additions. This Law Firm does not add to third party bills. Foreign
currency conversions, charge card fees and bank fees will be added to your
bill.
U.S. Government initial filing costs
typically vary from $310 to $510, depending upon which agency did the
search and prepared reports. Additional costs, e.g., for certain
claim formats, are also specified by the government. The Patent
Office filing fees are those effective on October 1, 2007.
Deadline Dates. As of
April 1, 2002, the U.S. national stage requirements are due not later than
at the expiration of 30 months from the priority date even if no demand
for preliminary examination has been filed. Previously, one had to
file a demand for a preliminary examination before the expiration of 19
months from the priority date in order to extend the national phase to 30
months. This 19 month filing is no longer required.
PCT EXPLANATION BREAKOUT
LAYOUT. The PCT is a complex subject are that
requires more than one page of explanation. The PCT discussion is on
5 web pages:
- pct.html
--- explains what the PCT process is and some reasons for filing.
- pctnat.html
--- explains the U.S. National Stage of the PCT process. You are
on this page now.
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This file last modified 10/14/07.
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