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 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. Minimum government filing fees for a small entity when the U.S. was not the International Search Authority are $830, effective 01-OCT-2020.
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. For an additional charge of $600, Attorney Louis Ventre, Jr. will include a preliminary amendment to delete multiple-dependent claims and conform the grammar to U.S. practice.
For foreign language patent applications, more editing may be required and this may incur an additional charge provided upon review of the application. 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 $160 to $830 (as of 01-OCT-2020), 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 $80 to $415 (as of 01-OCT-2020), 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. The filing of a U.S. national stage application is due not later than the expiration of 30 months from the priority date.
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 09/20/20.
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