The Law Firm of
Louis Ventre, Jr.
Registered Patent Attorney
PCT APPLICANTS -- NATIONAL STAGE
U.S. NATIONAL APPLICATION FOR PCT APPLICANTSNational 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 micro-entities and most small entities, Attorney Louis Ventre, Jr. low cost fixed-fee option ($1200 + 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 $1400 + government filing fees.
(According to the American International Property Law Association 2011 Economic Survey, the average attorney fees for entering the national stage from a foreign origin application range from $1,194 to $1,560.)
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 $1,800. This fee is assessed when there is less than 30 days to the filing deadline. 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 = $1,200 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 $175 per hour.
Fees are $250 per hour for those who do not qualify for micro-entity or small entity status.
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 for a small entity vary from a minimum of $200 to $800 (as of 19-MAR-2013), depending upon which agency did the search, prepared the report and found on patentability. Government fees may be much more if there are multiple dependent claims, claims in excess of 20, more than 3 independent claims, or more than 100 pages in the application.
U.S. Government initial filing costs for a micro-entity, the costs vary from $280 to $400 (as of 19-MAR-2013), depending upon which agency did the search, prepared the report and found on patentability. Government fees may be much more if there are multiple dependent claims, claims in excess of 20, more than 3 independent claims, or more than 100 pages in the application.
U.S. Government initial filing costs for a large entity should be expected to be twice as much as for a small entity.
Deadline Dates. As of 01-April-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 BREAKOUTLAYOUT. The PCT is a complex subject are that requires more than one page of explanation. The PCT discussion is on 5 web pages: