A. Basic General Fees for obtaining a Design Patent
(1). New Application
This new application fee is required by the USPTO for processing your design patent application. It includes filing fee, search fee and examination fee.
Design drawings are also submitted to the patent office for examination at the time of filing. The drawings are usually prepared by professional patent agent/attorney who are familiar with the patent office requirements. The service fee varies depending on the complexity of design.
(2). Post Application and Examination
Some incidental fees may incur after filing the new applications. For example, if the applicant needs to submit missing parts/documents, the patent office will charge a fee for such action.
During the examination phase, an Office Action may be issued by an examiner to point out issue(s) with the application. The applicant should submit a reply/amendment to the Office Action to address the issue(s). The response is usually prepared and drafted by a patent agent/attorney, the cost for preparing this response varies and is usually charged by hours depending on the case.
If there is no problem with the application or all the issues have been overcame in Office Actions, the application may proceed to allowance. Issue fees and publication fees are required.
A complete fee schedule from the USPTO (United States Patent and Trademark Office) can also be found at the below link.
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C. Our U.S. Design Patent Package – HKD 15,500
What does this package include?
- Filing fee, Search fee and Examination fee for Small Entity status applicant – total USD 480, see (1)
- Our service for preparing forms and documents (such as power of attorney, inventor declaration, assignment, etc) for submission
- Drawings preparation, require 2 weeks to finish, see (2)
- Our service for submitting your application to the patent office, monitoring and reporting to you
(1). Information on Entity Status
Depending on the applicant’s entity status, the official filing fees which include Filing fee, Search and Examination fee are different (USD 960 / 480 / 240). The fees are discounted 50% for applicants and patentees who qualify as “small entities” and 75% for “micro entities”. Below are some quick definition rules for the applicants and patentees of these two statuses.
The applicants may either be one of the below:-
- Person – inventors or individuals
- Small business – number of employees not exceeding above 500 persons
- Nonprofit organization
The applicant must fulfill all of the following requirements:-
- Qualify as small entity (see above definitions)
- No more than 4 previous applications
- The applicant must had a gross income in the previous year of less than three times the median household income reported by the Bureau of the Census (approx USD$160,000)
Example: Company X has 50 employees and had previously filed 10 US utility patent applications. This applicant qualifies as a “small entity” status but fails to fulfill the “micro entity” status since it had filed more than 4 previous applications.
(2). Design Patent Drawings Preparation
Design patent drawings are usually prepared by patent agents. The fees for preparing the drawings may vary depending on the complexity of the design.
For other IP services or further inquiry, please contact us directly.
What other services can we help you out with?
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