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Law Office of John B. Hudak, PLLC

An intellectual property law firm: patents, trademarks, and copyrights.

Overview of Total Cost to the Client

Total Cost to the Client is Normally a Combination of Attorney's Fees and Government Fees

The total cost to a Client will normally be a combination of Attorney's fees and Government fees. Attorney's fees are charged based on the time the Attorney spends working to complete work for the Client. Government fees are fees to the Patent, Trademark, or Copyright Office (pre-paid by the Client and held by the Attorney and then the Attorney pays the Government fee on behalf of the Client).

Attorney billing rate of: $215 per hour

Below are estimates for:

Attorney’s fees (Attorney time)
Government fees (example: application fee to the Patent Office for a patent application)

For most work, it is suggested to start with a $645 pre-payment of 3 hours of Attorney work (at $215 per hour) for an initial increment of work, then further payment to complete a desired project. In the pricing below for Attorney's fees, the common first step for any task shows the pricing written out as the $645 payment followed by the next payment to complete the task - and then the total for that first step project.

Attorney's fees and Attorney billing rate effective through 11/30/24

Pricing for Attorney Time - Applications

Patent Attorney's Fees

Trademark Attorney's Fees

Patent Applications

First Step - Analysis Patentability:

Patentability Search: $645 with the initial results provided to the Client, then a decision is made if further work should be done, then $645 to finish. $1,290 total and up.

Second Step - Application:

Provisional Patent Application: (preparation and submission of a very basic application) $2,150 and up.
Provisional Patent Application: (preparation and submission of a basic application) $4,300 and up.
Nonprovisional Patent Application: (preparation and submission of a very basic application) $4,300 and up.
Nonprovisional Patent Application: (preparation and submission of a basic application) $6,450 and up.
Design Patent Application: (preparation and submission of a very basic application) $2,150 and up

(Applications can require Patent Drawing fees)

Trademark Attorney's Fees

Trademark Applications

First Step - Brief Analysis of Trademark Idea:

The initial results provided to the Client, then a decision is made if further work should be done: $645; Including: (a) review of plan for the trademark: analysis of the mark; (b) basic review of similar marks (this is not a complete trademark clearance search); and (c) a knock out search for an exact match.

Second Step - Application:

Trademark Application (Use in Commerce or Intent to Use Applications): $645 to finish the trademark application and further communicate with the Client until results of the examination are given to the Client. This is after the initial results are provided after work, described above.

For Attorney time, a trademark application is $645 (first step); $645 (second step); for $1,290 total, and up.

Office Action Responses:

Non-substantive Office Action Response: (low complexity) $215 and up; (medium complexity) $430 and up; (more complexity) $645 and up.
Substantive Office Action Response: (low complexity) $430 and up; (medium complexity) $860 and up; (more complexity) $1290 and up.

Copyright Attorney's Fees

Trademark Attorney's Fees

Copyright Attorney's Fees

Copyright Applications

Single Works: (Writing, Photograph, Musical Compositions, Art, Video, etc.)

Multiple Works: (Writing, Photographs, Periodicals, News Articles, etc.)

Other Types of Applications

Government Fees - Applications

Patent Government Fees

Trademark Government Fees

(For patent fees, the size of the applicant will determine the USPTO fees associated with a patent application and maintenance fees. Generally, a large entity pays full price; a small entity pays half of a large entity fee; and a micro entity pays half of a small entity fee. Below are fees for small entities. Explanation of entity size given here.)

Patent Applications

Provisional Patent Application:

Provisional Patent Application Fee: $120

Nonprovisional (Utility) Patent Application:

Nonprovisional (Utility) Patent Application Fee: $664
Excess claim fees: each independent claim in excess of 3: $192; each claim in excess of 20: $40
Surcharge - Late: inventor's oath or declaration: $64
Utility Patent Issue Fee: $480

Design Patent Application:

Design Patent Application Fee: $408
Design Issue Fee: $296

Patent Maintenance (Utility Patents only):

Due at 3.5 years: $800
Due at 7.5 years: $1504
Due at 11.5 years: $3080
Surcharge for late payment within 6 months (3.5, 7.5, or 11.5 years): $200

Trademark Government Fees

Trademark Applications

Use In Commerce Applications (1A filing basis) Fee: $250 or $350 per class of goods or services (The variation depends on the description of the goods or services either using suggested wording or not using suggested wording. An explanation of classes of goods and services given here.)

Intent to Use Applications (1B filing basis) Fee:$250 or $350 per class of goods or services; Statement of Use Submission $100 per class; and Extension of Time for Statement of Use $125 per class (if an extension is required)

Trademark Maintenance to a Previously Registered Mark:

Between the 5th and 6th year after the registration date: Section 8 Declaration - $225 per class and Section 15 Declaration ($200 per class)
Between the 9th and 10th year after the registration date: Section 8 Declaration ($225 per class) and Section 9 Declaration ($300 per class)
Between the 19th and 20th year (29th and 30th year …): Section 8 Declaration ($225 per class) and Section 9 Declaration ($300 per class)
Grace Period: Section 8 and Section 9 declarations will be accepted up to 6 months after the normal deadlines with an additional fee (Section 8 Declaration $100 per class and Section 9 Declaration $100 per class)

Copyright Government Fees

Trademark Government Fees

Copyright Government Fees

Copyright Applications

Single Works: (Writing, Photograph, Musical Compositions, Art, Video, etc.)

Single author and not for hire: $45
Joint author, or work for hire: $65

Multiple Works: (Writing, Photographs, Periodicals, News Articles, etc.)

Group of contributions to periodical: $85
Group of published or unpublished photographs: $55
Group of serials: $35
Group of newspaper or newsletters: $95
Group of unpublished works: $85
Group of short online literary works: $65

Other Types of Applications

Database predominately of photographs: $250
Updates to a database predominately of photographs: $250
Updates to database (non-photographic): $500

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Law Office of John B. Hudak, PLLC

An intellectual property law firm: patents, trademarks, and copyrights.

Overview of Total Cost to the Client

Total Cost to the Client is Normally a Combination of Attorney's Fees and Government Fees

Pricing for Attorney Time - Applications

Patent Attorney's Fees

Trademark Attorney's Fees

Trademark Attorney's Fees

Trademark Attorney's Fees

Trademark Attorney's Fees

Trademark Attorney's Fees

Copyright Attorney's Fees

Trademark Attorney's Fees

Copyright Attorney's Fees

Government Fees - Applications

Patent Government Fees

Trademark Government Fees

Trademark Government Fees

Trademark Government Fees

Trademark Government Fees

Trademark Government Fees

Copyright Government Fees

Trademark Government Fees

Copyright Government Fees

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