BRAINSTORM PATENT RATES

Brainstorm Patents realizes that the patent process is daunting, expensive and time-consuming.  We hope that our experience and strong rapport with inventors helps put you at ease, and that our reasonable rates do their fair share to make the process a less painful investment.  Below are three separate sections outlining various fees.  The first section covers the rates that Brainstorm Patents charges for their services.  The second section details the current fees charged by the USPTO for submission of various applications.  We have included the basic fees that are most often seen when applying for a patent.  For a full listing of USPTO fees, please visit the USPTO pricing structure. If your patent is approved, the third section outlines the costs associated with post-allowance and maintenance of the patent.  If any of the information below is confusing or intimidating, please don't hesitate to call or email us for clarification.  Thank you for your time and interest.

· Brainstorm Fees

· USPTO Application Filing Fees

· USPTO Post-Allowance Fees

BRAINSTORM FEES< /span>

All fees detailed below are strictly fees charged by Brainstorm Patents for services provided.  Any fee charged by the United States Patent and Trademark Office (USPTO) is NOT included in fees listed below.  There are two separate tables detailing USPTO fees towards the bottom of the page.

Ask us about rates for combined services - discounts are offered when services are bundled (we sound like the cable company, huh?)

· Consultations - Free - Consultations are always offered at no cost.  The consultations are available for any length of time necessary to fully explore and cover essential details and material.  Consultations will occur at the beginning of the patent process as well as throughout the process.

· Patent and Prior Art Search - $488 - The patent search is the first step in the patenting process.  While it is certainly not required (and can be done on one's own), it is strongly recommended that a professional patent search be conducted to provide an accurate gauge of product patentability and existing prior art knowledge.  The patent search will include an opinion on patentability, a reference to similar existing  patents, a reference to available prior art, a general product description, and a list of ideas, suggestions, and questions to consider as you progress down the path of patentability.  This patent search is conducted by Brainstorm Patents and is never considered the final search.  The USPTO will conduct its own search at time of utility patent application - the USPTO search is considered a comprehensive and final authority.

•Provisional Patent Application - $782 - A provisional patent application should contain many of the details that would be included in a standard utility patent application.  The provisional application will be filed with the USPTO and begins the one year countdown until the decision must be made on whether to file a utility patent application or to let the idea die.  While the provisional patent application is an important milestone and placeholder, it is not required, and often is ignored by inventors sekking to expedite the patent process.

· Utility Patent Application - $2,940 - The utility patent application is the only application that ever makes it to the hands of an examiner at the USPTO.  This application is the application that must be filed in order to receive a patent.  Brainstorm Patents recommends not proceeding to this step until both a patent search and a provisional patent application have been obtained.  There is no need to spend this money if a patent search reveals the idea has already been patented, or if the provisional patent application reveals that there is no market for the product.

· Design Patent Application - $752 - Design patents only cover the aesthetics of a product.  While utility patents are good for 20 years, design patents are good for 14 years.  There is no such thing as a provisional design patent application.  However, it is possible to conduct a patent search on a design patent.

· Drawings - $104 per sheet - All drawings will be 2-D drawings in black and white (conforming to USPTO specifications).  In the process of creating these drawings, it may be necessary or beneficial to create a 3 dimensional model of the product or idea.  The pricing for 3-D models will be determined on a case-by-case basis.

· Copyrights - $218 - Copyrights are filed with the USPTO without the need for patent searches or provisional applications.  Copyrights are generally handled quickly and expeditiously.

· Trademarks - $594 - Trademarks are filed with the USPTO without the need for patent searches or provisional applications.  Copyrights are generally handled quickly and expeditiously.

· Prototype Services - Priced Per Job - Brainstorm Patents does offer prototyping services in conjunction with your patent needs.  Prototypes may range from "proof of concept" models to polished and finished production models.

· Other - $85 per hour - Miscellaneous tasks and help will be billed at an hourly rate of $85.  If a large amount of work is to be completed, it is possible to purchase time in a "bulk" format, thus resulting in greater savings for you.

USPTO APPLICATION FILING FEES

The table above shows the most common USPTO fees associated with filing a patent application.  These fees are in addition to the fees that Brainstorm Patents charges for their services.  For a full list of USPTO fees and charges, please visit the USPTO site.  There is a standard fee, and there is a small entity fee.  In order to qualify as a small entity, you must fall within one of the categories below:

As stated in 35 U.S.C. 41(h)(1) and 37 CFR 1.27(a), an owner of a patent or patent application is entitled to Small Entity Status if and only if:

· The owner is a "person" (i.e. individual or individuals) who has not assigned, granted, conveyed, or licensed, and is under no obligation under contract or law to assign, grant, convey, or license, any rights in the invention. An inventor or other individual who has transferred some rights in the invention to one or more parties, or is under an obligation to transfer some rights in the invention to one or more parties, can also qualify for small entity status if all the parties who have had rights in the invention transferred to them also qualify for small entity status either as a person, small business concern, or nonprofit organization under this section.; or

· The owner is a "small business concern", meaning a business (a) Whose number of employees, including affiliates, does not exceed 500 persons; and (b) Which has not assigned, granted, conveyed, or licensed (and is under no obligation to do so) any rights in the invention to any person who made it and could not be classified as an independent inventor, or to any concern which would not qualify as a non-profit organization or a small business concern under this section.

· The owner is a nonprofit organization, meaning (37 CFR 1.27(a)(3)) any nonprofit organization that:

(i) Has not assigned, granted, conveyed, or licensed, and is under no obligation under contract or law to assign, grant, convey, or license, any rights in the invention to any person, concern, or organization which would not qualify as a person, small business concern, or a nonprofit organization; and

(ii) Is either: (a) A university or other institution of higher education located in any country; (b) An organization of the type described in section 501(c)(3) of the Internal Revenue Code of 19 86 (26 U.S.C. 501(c)(3)) and exempt from taxation under section 501(a) of the Internal Revenue Code (26 U.S.C. 501(a)); (c) Any nonprofit scientific or educational organization qualified under a nonprofit organization statute of a state of this country (35 U.S.C. 201 (i)); or (e) Any nonprofit organization located in a foreign country which would qualify as a nonprofit organization under paragraphs (a)(3)(ii)(B) of this section or (a)(3)(ii)(C) of this section if it were located in this country.

USPTO POST-ALLOWANCE FEES

For an explanation of standard versus small entity fees, please reference the section above titled USPTO Application Filing Fees.  The USPTO Issue Fee must be paid before your patent receives an official patent number and is officially recorded at the USPTO.  Maintenance fees must be paid to maintain patent rights and exclusivity.  Hopefully, by the 11.5 year mark, your patent has begun to make you much, much money and you won't bat an eye at the cost to maintain the patent!  Please visit the USPTO fee schedule for specific pricing details.