Wednesday, July 10, 2013

Surprise, Surprise More IP Bills For You

A new client complained to me that their previous IP (Intellectual Property) Attorney surprised them with legal expenses incurred well after the filing of their patent and trademark applications.  So we thought a few words were in order about what follow-on legal fees you can expect in the course of pursuing IP protection.

First, the initial fees that you encounter upon filing an application usually cover just the preparation and filing of the application.  In the case of trademark applications, these might be the only expenses you incur if the application registers without incident.  However, if it s rejected, you can expect that the Attorney will require more fees to prepare a response to the rejection.  In some cases, a rejection might also necessitate additional Trademark Office fees.  In addition, if your application was an “intent to use” (ITU) application, you can expect to pay a governmental fee in order to file a “statement of use” and therefore obtain registration.  Once registered, you will also need to renew your registration several years after registration and will incur fees in doing so.  

Patent applications typically have quite a few more follow-on fees.  More particularly, the likelihood and number of rejections and is higher for patent applications.  The government also charges fees if your application is allowed and maintenance fees every four years thereafter.  Your IP Attorney will need to expend time handling these situations for you and will expect to be paid accordingly.

In closing, the fees listed here are just a sampling of those that you can expect post-filing.  But, keep in mind that most technology-based companies possess IP assets that need protection and that usually warrants a corresponding investment.

We at the Villhard Patent Group strive to educate our clients and prospective clients and hope that this article was useful to you.  In the meantime, we would be happy to discuss your IP situation with you.  For more information about us see or contact us at or (512) 897-0399.

1 comment:

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