Patent - Trademark & Copyright attorneys

   29 Pearl St. NW, 410 Federal Square Building, Grand Rapids, Michigan 49503 

                     Voice:  (616) 726-5905;  Fax:  (616) 726-5906

 
 
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2007 Fee Schedule[1]

 

 

·                      Thank you for contacting KANE & CO., PLC.  We know you have a choice in selecting a legal service provider.  The following fee schedule is effective September 30, 2007. 

 

·                      The fees contained on this schedule represent our normal and customary charge for the service indicated.  In appropriate circumstances, special fee arrangements are available. At times, we may charge an amount in different from our rate to reflect such factors as expedited services, special skills, experiences, knowledge, and responsibility required in the course of our services. Other factors could include the success, the complexity of the matter, the circumstances in which our services are rendered, and the difficulty and/or novelty of the questions resolved.  To the best of our ability, these factors will be taken into consideration up front so that you can predict within a reasonable degree what your expense for those services will be.

 

 

DESCRIPTION

Regular Fee ($US)

Small Entity Fee

Legal Services

Fee ($US)

Patent Fees

Patentability Opinions

 

 

700.00-5000.00

Infringement Opinions

 

 

5000.00-8000.00

U.S. Domestic Patent Application – Utility

310.00

155.00

3000.00-8000.00

Independent claims in excess of three

210.00

105.00

-

Claims in excess of twenty

  50.00

  25.00

-

Multiple dependent claims

370.00

185.00

-

Surcharge – Late filing fee or oath or declaration

130.00

  65.00

200.00

Utility application size fee – for each additional 50 sheets that exceeds 100 sheets

260.00

130.00

0.15/pg

U.S. Domestic Patent Application – Design

200.00

100.00

500.00

Basic filing fee – continuation prosecution application

210.00

105.00

250.00

Design application size fee – for each additional 50 sheets that exceeds 100 sheets

260.00

130.00

0.15/pg

U.S. Domestic Patent Application – Plant

210.00

105.00

1000.00

Plant application size fee – for each additional 50 sheets that exceeds 100 sheets

260.00

130.00

0.15/pg

U.S. Reissue Patent Application - Utility

310.00

155.00

3000.00

U.S. Reissue Patent Application – Design

310.00

155.00

2000.00

Reissue independent claims in excess of three

210.00

105.00

-

Reissue claims in excess of twenty

  50.00

  25.00

-

Reissue application size fee – for each additional 50 sheets that exceeds 100 sheets

260.00

130.00

0.15/pg

Provisional Patent Application - Utility

210.00

105.00

1000.00 – 5000.00

Provisional application size fee – for each additional 50 sheets that exceeds 100 sheets

 

260.00

130.00

0.15/pg

Surcharge – Late provisional filing fee or cover sheet

  50.00

  25.00

150.00

Non-English specification

130.00

n/a

-

Translation

 

 

125.00 per 100 words

Utility search fee

510.00

255.00

200.00

Design search fee

100.00

  50.00

150.00

Plant search fee

310.00

155.00

150.00

Reissue search fee

510.00

255.00

150.00

Patent Examination Fees

Utility examination fee

210.00

105.00

150.00

Design examination fee

130.00

  65.00

150.00

Plant examination fee

160.00

  80.00

150.00

Reissue examination fee

620.00

310.00

150.00

Response to Official Actions - Rejections

Limited Argument (simple matters)

-

-

800.00

Rebuttal to Substantive Rejection/Amendment

-

-

1500.00

Charge for additional claims in amendment

200.00

100.00

-

Appeal of Final Rejection

500.00

250.00

1000.00

Filing brief in support of appeal

500.00

250.00

2500.00

Request for oral hearing

1000.00

500.00

500.00

Attend oral argument

 

 

2500.00[2]

Patent Post-Allowance Fees

Utility issue fee

1,440.00

720.00

250.00

Design issue fee

820.00

410.00

250.00

Plant issue fee

1,130.00

565.00

250.00

Reissue issue fee

1,440.00

720.00

250.00

Publication fee for early, voluntary, or normal publication

300.00

n/a

250.00

Publication for republication

300.00

n/a

250.00

Patent Maintenance Fees

Due at 3.5 years

930.00

465.00

250.00

Due at 7.5 years

2,360.00

1,180.00

250.00

Due at 11.5 years

3,910.00

1,955.00

250.00

Surcharge – 3.5 year – Late payment within 6 months

130.00

  65.00

125.00

Surcharge – 7.5 year – Late payment within 6 months

130.00

  65.00

125.00

Surcharge – 11.5 year – Late payment within 6 months

130.00

  65.00

125.00

Surcharge after expiration – Late payment is unavoidable

700.00

n/a

500.00

Surcharge after expiration – Late payment is unintentional

1,640.00

n/a

500.00

Miscellaneous Patent Fees

Request for continued examination

810.00

405.00

200.00

Processing fee, except in provisional applications

130.00

n/a

200.00

Request for voluntary publication or republication

130.00

n/a

200.00

Request for expedited examination of design patent 900.00 n/a 200.00

Request for publication of Statutory Invention Registration – Prior to examiner’s action

 

920.00*

n/a

200.00

Request for publication of Statutory Invention Registration – After examiner’s action

1,840.00

n/a

200.00

Submission of an Information Disclosure Statement

180.00

n/a

250.00

Processing fee for provisional applications

  50.00

n/a

500.00

Filing a submission after final rejection

810.00

405.00

Call

For each additional invention to be examined

810.00

405.00

Call

*  Reduced by basic filing fee paid.

Post Issuance Fees

Certificate of correction

100.00

n/a

500.00

Request for ex parte reexamination

2,520.00

n/a

3000.00

Request for inter partes reexamination

8,800.00

n/a

3000.00

Reexamination independent claims more than 3

210.00

100.00

Call

Reexamination claims in excess of twenty

  50.00

  25.00

Call

Statutory disclaimer

130.00

  65.00

200.00

Patent Fees for Extension of Time

Extension for response within first month

120.00

  60.00

200.00

Extension for response within second month

460.00

230.00

200.00

Extension for response within third month

1,050.00

525.00

200.00

Extension for response within fourth month

1,640.00

820.00

200.00

Extension for response within fifth month

2,230.00

1,1150.00

200.00

Notice of appeal

510.00

255.00

400.00

Filing a brief in support of an appeal

510.00

255.00

1000-8000

Request for oral hearing

1030.00

515.00

N/c

Patent Petition Fees

Petitions requiring the petition fee set forth in 37 C.F.R. 1.17(f)

400.00

n/a

500.00

Petitions requiring the petition fee set forth in 37 C.F.R. 1.17(g)

200.00

n/a

500.00

Petition requiring the petition fee set forth in 37 C.F.R. 1.17(h)

130.00

n/a

500.00

Petition to institute a public use proceeding

1,510.00

n/a

2000.00

Petition to revive unavoidably abandoned application

500.00

250.00

500.00

Petition to revive unintentionally abandoned application

1,540.00

770.00

1000.00

Acceptance of an unintentionally delayed claim for priority

1,410.00

n/a

N/c

Filing an application for patent term adjustment

200.00

n/a

500.00

Request for reinstatement of term reduced

400.00

n/a

500.00

Extension of term of patent

1,120.00

n/a

2000.00

Initial application for interim extension

420.00

n/a

200.00

Subsequent application for interim extension

220.00

n/a

200.00

PCT Fees – National Stage

Filing National Stage Application

310.00

155.00

$1,000.00

National Stage search fee

100.00

  50.00

-

National Stage search fee – search report prepared and provided to USPTO

410.00

205.00

-

National Stage search fee – all other situations

510.00

255.00

-

National Stage examination fee – all other situations

210.00

105.00

-

Claims – independent over three

210.00

105.00

-

Claims – total greater than twenty

  50.00

  25.00

-

Claims – multiple dependent

370.00

185.00

125.00

National Stage Application Size Fee – for each additional 50 sheets that exceeds 100 sheets

260.00

130.00

0.15/pg

Oath or declaration after thirty months from the priority date

130.00

  65.00

150.00

English translation after thirty months from the priority date

130.00

  65.00

150.00

PCT Fees – International Stage

Filing International Stage Application

-

-

$1000.00

Transmittal Fee

300.00

-

-

PCT search fee – regardless of prior applications

1,800.00

-

-

Supplemental search fee per additional invention

1,800.00

-

N/c

Preliminary examination fee – U.S. was the ISA

600.00

-

N/c

Preliminary examination fee – U.S. was not ISA

750.00

-

N/c

Supplemental examination fee per additional invention

600.00

-

N/c

Late payment fee

variable

 

200.00

Transmitting application to International Bureau to act as receiving office

300.00

-

N/c

PCT Fees to WIPO or EPO[3]

International Filing fee (first thirty pages) – PCT Easy

1,124.00

-

1,000.00

International filing fee (first thirty pages)

 

1,163.00

-

1,500.00

Supplemental international filing fee (for each page over thirty)

  12.00

-

-

International search (EPO)

2,197.00

-

250.00

Handling fee

155.00

-

-

Handling fee demand filed in IPEA/US 75% Reduction

  38.75

-

-

International CD applications

4,800.00

-

1,000.00

Patent Service Fees

Printed copy of patent w/o color, delivery by USPS, USPTO Box, or electronic means

  3.00

-

25.00

Printed copy of plant patent in color

15.00

-

25.00

Color copy of patent containing a color drawing

25.00

-

25.00

Patent Application Publication

  3.00

-

25.00

Copy of patent application as filed

20.00

-

0.15/pg

Copy of patent –related file wrapper and contents of 400 or fewer pages, if provided on paper

200.00

-

0.15/pg

Additional fee for each additional 100 pages of patent – related file wrapper and (paper) contents, or portion thereof

  40.00

-

0.15/pg

Additional fee for certification of file wrapper contents

  25.00

-

N/c

Copy of patent-related file wrapper provided electronically.

  55.00

-

0.15/pg

Additional fee for each continuing physical electronic medium in single order of 1.19(b)(1)(ii)

  15.00

-

N/c

Copy of office records, except copies of applications as filed

 

 

0.15/pg

For assignment records, abstract of title and certification, per patent

  25.00

 

  25.00

Recording each patent assignment, agreement or other paper, per property

  40.00

-

125.00

Reporting publication in Official Gazette

-

-

125.00

Labor charges for services, per hour

-

-

300.00

Handling fee for incomplete or improper application

130.00

-

125.00

Handling fee for withdrawal of SIR

130.00

-

125.00

Trademark Fees

Conducting availability search on mark limited to United States, regular turn around

Cost

-

800.00

Conducting availability search on mark limited to United States, expedited turn around

cost

-

1,200.00

Application for registration, per international class[4]

375.00

-

1,500.00

Application for registration, per international class, without search[5]

375.00

-

700.00

Filing an Amendment to Allege Use under § 1(c), per class

100.00

-

250.00

Filing a Statement of Use under § 1(d), per class

100.00

-

250.00

Reporting status or official action of application

-

-

25.00

Responding to official action refusing application where no search performed

-

-

1500.00

Responding to official action refusing application where search performed

-

-

1000.00

Filing a Request for a 6-month extension of time for filing a statement of use under § 1(d), per class

150.00

-

250.00

Petition to the Director

100.00

-

500.00

Dividing an application, per new application (file wrapper) created

100.00

-

250.00

Application for renewal, per class

400.00

-

250.00

Additional fee for filing renewal application during grace period, per class

100.00

-

N/c

Correcting a deficiency in a renewal application

100.00

-

250.00

Filing §8 affidavit, per class

100.00

-

250.00

Additional fee for filing §8 affidavit during grace period, per class

100.00

-

100.00

Correcting a deficiency in a §8 affidavit

100.00

-

250.00

Filing §15 affidavit, per class

200.00

-

250.00

Publication of mark under §12(c), per class

100.00

-

N/c

Issuing new certificate of registration

100.00

-

250.00

Certificate of correction, registrant’s error

100.00

-

250.00

Filing disclaimer to registration

100.00

-

250.00

Filing amendment to registration

100.00

-

N/c

Petition for cancellation, per class

300.00

-

2500.00

Notice of opposition, per class

300.00

-

2500.00

Ex parte appeal, per class

100.00

-

2000.00

Trademark Madrid Protocol Fees

Certifying an International application based on single application or registration, per class

100.00

-

250.00

Certifying an International application based on more than one basic application or registration, per class

150.00

-

250.00

Transmitting a Request to Record an Assignment or restriction under 7.23 or 7.24

100.00

-

250.00

Filing a Notice of Replacement, per class

100.00

-

250.00

Filing an affidavit under 71 of the Act, per class

100.00

-

250.00

Surcharge for filing affidavit under 71 of the Act during grace period, per class

100.00

-

250.00

Transmitting subsequent designation

100.00

-

250.00

International Trademark Application Fees

International application fee

cost

-

1000.00

Correcting irregularities in an international application

cost

-

250.00

Subsequent designation fee

cost

-

250.00

Recording assignment of an int’l registration

cost

-

250.00

Printed copy of registered mark, delivery by USPS, USPTO Box, or electronic means

  3.00

-

150.00

Certified copy of registered mark, with title and/or status, regular service

15.00

-

150.00

Certified copy of trademark application as filed

15.00

-

150.00

Certified or uncertified copy of trademark – related file wrapper and contents

50.00

-

150.00

Recording trademark assignment, agreement

40.00

-

250.00

Recording trademark assignment, agreement or other paper, subsequent marks per document

25.00

-

100.00

Copyright Fees

Copyright search

0.75/pg

-

500.00

Copyright application for registration

30.00

-

200.00

Copyright Infringement Opinion

 

-

2000.00

Litigation Services – Federal or State Courts

 

 

 

Filing of complaint

200.00

-

2,500.00

Pre-trial procedures

Costs

-

Hourly

Discovery Phase

Costs

-

Hourly

Summary disposition

Costs

-

Hourly

Trial Proceedings

Costs

-

Hourly

Appeals

Costs

-

Hourly

Litigation Services Before United States Customs

Costs

-

Hourly

 

 

 

 

       

 Other Terms and Conditions.

 

                Billing.  We bill for our services and cash disbursements on a monthly basis.  The invoices will detail the time expended and the disbursements incurred on your behalf.  Disbursements typically include government filing fees, fees paid to investigators, contractors, long-distance telephone charges, delivery charges, reproduction costs, fax charges, filing fees, computer research charges, secretarial overtime, travel expenses, and other related costs incurred in the performance of our services. These costs are addition to those fees outlined above, and in some circumstances, can be substantial.  In those cases, we may request that payment be made in advance.

 

                Payment.  Payment is expected to be received within 30 days of the receipt of the invoice.  To encourage early payment, we have arrangements for receiving payment electronically.  All fees subject to foreign currency exchange rates are to be calculated as of the close of business day on the date payment is affected.  All fee charged are net wire transfer fees.  Wire transfer fees are to be paid by the client.  In the event payment is overdue, simple interest at the rate of eighteen percent (18%) per annum will be charged on all balances not paid within 30 days of the invoice date.  If chronic late or none payment occurs, we reserve the right to terminate our representation. In such instances you agree not to contest our withdrawal from any court or administrative proceeding.  If you terminate our services, you will be responsible for our fees and disbursements made up to the date of termination.

 

Conflicts. You should be aware our firm represents others across the nation.  If we become aware of a conflict, we will notify you as soon as reasonably possible and take the appropriate action. We specifically reserve the right to withdraw from representation if we believe we cannot properly represent your interests or if we believe we have been asked to do anything that is unethical, imprudent or improper.

Document Retention. Upon completion of our representation, or from time to time during the course of our representation if it continues over several years, it may be necessary to dispose of documents and files. We intend to destroy the contents of your files no earlier than five years after the matter has been closed.  We will notify you when any of your files are slated for destruction.  Should you wish to keep any file, you are responsible for notifying us in a timely manner.

                Entire Agreement. This letter represents the entire agreement between us.  If the terms of this representation are agreeable to you, please sign this letter and return it to us.  The signed copy of this letter is required prior to us providing legal services to you.  Again, we look forward to assisting you.  In the interim, should you have any questions or concerns about our relationship or the services that we would provide, please do not hesitate to inquire.

  

                For further information or special fee arrangements, please direct your correspondence to the attention of Mr. Barry C. Kane, Kane & Co, PLC, 5 Lyon Street NW, 210 Commerce Building, Grand Rapids, Michigan 49503, USA.  Alternatively you may contact us by email at bkane@kaneplc.com.   For faster service, you may contact us by telephone at 616.726.5905, or by facsimile at 616.726.5906.

 

                Kane & Co, PLC is a professional limited liability company incorporated under the laws of the state of Michigan, USA.


[1] Patent and Trademark Office fees and fees for legal services are subject to change without notice.

[2] Excludes airfare, accommodations and meals.

[3] WIPO and EPO fees subject to periodic change due to fluctuations in exchange rate. 

[4] Flat fee for all services except responses to official actions on the merits of the application.

[5] All subsequent services rendered at hourly rate.

 

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Copyright © 2006, 2007, 2008  Kane & Co. plc.  Patent, Trademark, Copyright, & Business Attorneys and Counselors, Grand Rapids, Michigan 49503