Attorney Fees

My goal is to provide high-quality legal services at fees affordable to small business. I enjoy meeting entrepreneurs and small business owners. There is no charge to initially meet and talk by phone.

Flat Fee vs. Contingent Fee vs. Hourly Billing

The advantage of a flat fee is the attorney fees are quoted before starting the legal project. That is, the client knows the attorney fees before deciding to start the work and can budget appropriately. Usually, flat fees are provided to create patent, copyright, and trademark rights. Also, flat fees are used for most form agreements and software licenses. To quote a flat fee, the client and I first discuss the specific circumstances and review documentation to determine the scope.

The advantage of a contingent fee is that legal fees are only paid if a desired legal result is achieved. For example, when negotiating a license agreement, attorney fees would be paid if the deal closes (sort of like paying real estate agent’s percentage commission). Before accepting a case on a contingent fee, I meet with the client and review thoroughly.

Finally, the client always has the option of hourly billing, which may be used for open-ended legal work when the effort can not be predicted. Usually, litigation and enforcement of intellectual property is billable hourly. Currently, my hourly rate is $250.

Flat Fee Patent

Patent Search $750

This service includes a search of English language patent grants and published patent applications. It would include a legal opinion regarding patentability. Software and electronics inventions are usually $1000. If a search of technical literature or scientific journals is desired, the fixed fee will depend on the databases accessed.

Simple Mechanical Patent Application $3500

This service provides for the writing and filing of a patent application for a mechanical invention with few parts up to 20 claims, 2 embodiments, 5 pages of drawings, and 10 pages of specification. This includes the $465 USPTO government filing fee.

Software Patent Application $6650

For a software invention, this service would provide for writing and filing a patent application with up to 35 claims, 4 embodiments, 15 pages of drawings, and 25 pages of specification. This includes the estimated $650 USPTO government filing fee.

PCT Request $5000

This service extends your foreign patent rights up to 30 months under the Patent Cooperation Treaty (PCT), after 12 months of foreign rights under the Paris Convention. This includes approximately $3800 for WIPO filing fees.

Response to Simple Patent Office Action $1000

To respond in writing to a patent application rejection, this service includes review of the Examiner’s comments, development of legal argument in support of the patent grant, and investigating what types of evidence support the legal argument. This assumes that most or all of the evidence will be provided by the client. When the client desires investigation or evidence provided by an technical expert, fees may be higher.

Flat Fee Trademark

Registerability Search $250

A registerability search helps you decide whether to file for a US Trademark. It includes my advice about whether the Trademark Office will register the trademark. To know if anyone else is using the mark, a clearance opinion may be desired.

Trademark Clearance Opinion $1550

A clearance opinion helps you decide whether to use a trademark across the US by identifying others that might be using similar trademarks. This includes a written opinion, including relevant case law, and a 200+ page search report by a leading trademark search firm to better support my written opinion if it is ever challenged in court.

Trademark Application $1075

This service includes preparation and filing the trademark application after reviewing your goods/services and your evidence of first commercial use of the trademark. The $325 US government fee for one US trademark class is included.

Response to Complex Trademark Office Action $1000

This service provides a written response to a trademark refusal based on a likelihood of confusion or descriptiveness rejection. This includes an analysis, investigation of file histories of other trademarks, search of trademark records & case law, and research of types of evidence that might be available to overcome the rejection.

Trademark Appeal with Oral Argument by Video Appearance $4500

This service includes the filing of the appeal, drafting of the appeal brief, research to develop legal arguments, a reply brief, preparation for oral argument, and a video appearance at oral argument. The $100 appeal fee paid to the Trademark Office and estimated $350 video conference rental are included.

Flat Fee Software Law

Website Terms of Use $450

A package of agreements customized for website legal compliance, including Terms of Use, Acceptable Use, Privacy policy, and Copyright Notice. Includes review of your partner websites to make sure that your agreements work with their agreements.

Software Developer Agreement $1150

A custom, form agreement for a software developer to use with clients, including copyright “work for hire”, warranty terms, payment terms, royalties, and indemnification. Modeled to follow your preferred business style.

Software Licensing Agreement $1550

A custom form software licensing agreement, such as a End User Licensing Agreement (EULA), click wrap agreement, or enterprise software licensing agreement.

Software Startup Package $1900

Includes copyright application, Arizona LLC formation, website agreements, license agreement and/or service agreement, confidentiality agreement, independent contractor work-for-hire agreement.

This service provide for preparing and filing a US Copyright application, including any depository requirement with the Library of Congress. For software applications that require lengthy redaction, fees may be higher. This includes the $35 US Copyright Office electronic filing fee.

This service provides for creation of copyright by “work for hire” or a transfer of copyright by assignment. This includes review of prior agreement. If the agreement requires recordation at the US Copyright Office, an additional attorney fee of $250 applies, which includes a $105 US Copyright recordation fee.