Intellectual Property Services (USA)
U.S. Utility Patent
- HKD $40,500
- include official fees, service fees and specification drafting
- time to get patent: 2-3 years
- New ApplicationA patent specification is also submitted to the patent office for examination at the time of filing. The patent specification discloses the invention in details and is usually drafted by professional patent agent/attorney. The service drafting fee varies depending on the complexity of the invention and the length of the specification.
- Post Application and ExaminationSome 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.
- Allowance and MaintenanceIf 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 is required.Maintenance fees are also required by the Patent Office to maintain a granted patent in force.A complete fee schedule from the USPTO (United States Patent and Trademark Office) can also be found here.
For a more detail process flowchart, please refer to this link from the USPTO.What does this package include?
- Filing fee, Search fee and Examination fee for Small Entity status applicant – total USD 860, see 1. Information on Entity Status
- Our service for preparing forms and documents (such as power of attorney, inventor declaration, assignment, etc) for submission
- Patent specification drafting and drawings preparation, require 1 month to finish, see 2. Patent Specification Drafting
- 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 fee and Examination fee are different (USD 1720/ 785/ 430). 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.
“Small Entities”
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
“Micro Entities”
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. Patent Specification Drafting
A patent specification fully discloses your invention and states the scope of protection so that it may be examined by the patent office. The drafting fee varies depending on the complexity of the invention and the length of the specification. If a Chinese specification is ready, our firm may also provide English translation service. If you require this specification drafting/translating service, please contact us.
For other IP services or further inquiry, please contact us directly.
U.S. Design Patent
- HKD 15,500
- include official fees, service fees and drawings preparation
- time to get patent: 1-1.5 years
- 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. - 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. - Allowance
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 here.
What does this package include?
- Filing fee, Search fee and Examination fee for Small Entity status applicant – total USD 480, see 1. Information on Entity Status
- 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. Design Patent Drawings Preparation
- 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.
“Small Entities”
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
“Micro Entities”
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.
U.S. Trademark
- HKD 7,800
- include official fees, service fee, and basic mark search
- time to get trademark: 1 year
- New ApplicationThis new application fee is required by the USPTO for processing your trademark application.
- Post Application and ExaminationDuring the examination phase, an Office Action may be issued by an examiner to point out issue(s) with the mark. 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.
- Publish and RegisterIf no refusals or additional requirements are identified, the examiner will approve the mark for publication in the Official Gazette. If no opposition is raised during a 30 days period, the USPTO will then issue a registration.
A complete fee schedule from the USPTO (United States Patent and Trademark Office) can also be found here.
For a more detail process flowchart, please refer to this link from the USPTO.What does this package include?
- Basic search – checking for identical mark
- Official fees for new trademark application (per class, e-filing, TEAS RF, USD 275)
- Submitting your application to USPTO, monitoring and reporting to you
There are two types of trademark application in the U.S.
- “Use in Commerce”
- “Intend to Use”.
“Use in Commerce” is for application which the mark has already been “in use” at the time of filing. “Intent to Use” is for application which the applicant has not used the mark yet but would like to get ahead and start the registration process first.
The registration process for these two types are the same except that there are a few extra steps for “Intent to Use” applications near the end. After the mark has been published on the official gazette and if there is no opposition in the published period, the USPTO will issue a Notice of allowance (NOA). The NOA is not a registration, but indicates that the mark will be allowed to register after an acceptable Statement of Use (SOU) is filed. Applicant is required to timely submit the SOU. Upon receiving and reviewing the SOU, the USPTO will determine whether federal law permits registration. If no refusals or additional requirements are identified, the USPTO approves the SOU and will issues the trademark registration.
If you would like to learn more in details, please see the below links from USPTO showing the application process flow. You may also reach us directly, we will try out best to help.
U.S. Patent Filing Services
- HKD 4,000 for new filing
- post application, patent examination, post allowance, maintenance also available
- Chinese to English specification translation
Some of our services along with the associated service fees are as below. For a list of all the services along with the USPTO official fees, please see here or contact us directly.
New application:
– Filing patent application as received (Utility and Design): USD 500
Post application:
– Filing certified priority document: USD 100
– Filing assignment papers for recordation: USD 250
– Filing IDS within 3-month from filing date: USD 150
– Filing IDS after 3-month from filing date: USD 250
Patent Examination:
– Drafting Office Action reply: USD 150/hr
Post allowance:
– Filing Issue Fee and Publication Fee and certificate mailing (Utility and Design): USD 450
Maintenance:
– Filing maintenance fee due at 3.5, 7.5, and 11.5 years: USD 150
Click here for our full fee schedule. If you have any questions, please do not hesitate to contact us.