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The Law Firm of

Louis Ventre, Jr.

Registered Patent Attorney

PCT APPLICANTS  --  NATIONAL STAGE

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U.S. NATIONAL APPLICATION FOR PCT APPLICANTS

patent%20attorney%20star 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).

patent%20attorney%20star 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.)

patent%20attorney%20star 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.

patent%20attorney%20star 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.

patent%20attorney%20star 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.

patent%20attorney%20star 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.

patent%20attorney%20star 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

patent%20attorney%20star 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.
This page is http://www.lventre.com/pctnat.html.