Patent & Trademark Service Fees
Cann IP provides expertise in Patent and Trademark law with flat-rate fees so that you can accurately anticipate the costs of your intellectual property legal services.
The fees listed below are based on the average cost for each service provided, not including filing fees paid to the United States Patent and Trademark Office (USPTO). After a free initial consultation, Cann IP will quote a flat-rate fee for your particular case based on its complexity. The quoted flat-rate fee will not be exceeded.
Cann IP offers patent application preparation and prosecution services to clients nationwide. We obtain patents for our clients in a wide range of technologies, including: mechanical, gaming, bio-medical, computer and internet, electrical, and chemical.
Pre-Patent Filing Prior Art Search - $1100. We recommend to our clients that they have a prior art search performed before drafting and filing a patent application to determine whether any obvious prior art exists that would anticipate their invention. This is recommended in order to avoid paying thousands of dollars of attorney fees and filing fees for a patent application that will be immediately rejected in view of obvious prior art that would be quickly found by USPTO patent examiners. This Pre-Patent Filing Prior Art Search is limited to published US patents and patent applications, and is less extensive than the Invalidity Search described under Opinions of Counsel on this page.
Patent Application Drafting - starting at $4200. The quoted fee is to draft a complete utility patent application, including specification, claims, formal drawings, and all supporting documents such as declarations, assignments, etc. The low end of $3800 is for mechanical inventions of average complexity, and gaming inventions of average complexity. Bio-medical device inventions and software (Computer & Internet) inventions of average complexity are generally quoted at $5000. Electrical and chemical inventions of average complexity are generally quoted at $6000. Quoted flat-rate fees do not include USPTO filing fees.
Provisional Patent Application - $1600. A provisional patent application is a placeholder that establishes an application filing date and allows one year to draft and file a complete utility patent application claiming the same subject matter. A major benefit of the provisional application is that once it is filed with the USPTO for a relatively low cost, you may display the phrase "Patent Pending" on your product. The provisional application includes all inventor notes regarding the invention but is not written formally and does not include patent claims. For the quoted fee we will review your materials for completeness, prepare the required forms, and file with the USPTO.
Office Action Response - $1750. For an average response to an office action received from a USPTO examiner for a pending patent application.
Request for Continued Examination - $550. To prepare the Request and the associated response.
Appeal - $2000. To prepare an average appeal brief after a final rejection.
Availability Search and Analysis - $450. Discover whether your mark is available for federal registration. We also provide an analysis of other registered marks that are close in nature to your mark.
Trademark Application Preparation and Filing - $500. To prepare a complete trademark application, including preparation of your specimen, determination of your first use of the mark in commerce, and determination and election of the proper classes of use for your mark.
Trademark Standard Package: Availability Search + USPTO Application Prep and Filing - $900. Reduced cost when you use Cann IP for both an initial search and application filing.
Do you believe a competitor is infringing your patented technology? Cann IP performs research and analysis of competing products in order to make an informed determination of whether to send a cease and desist letter and/or move forward with patent infringement litigation. We will analyze the commercial product in question and perform a claim-by-claim comparison to the patent.
The amount of work required to analyze commercial products that our clients believe are infringing their patented technologies varies greatly from case to case. Cann IP generally bills per hour for such research and analysis, instead of our usual flat rate fees. Our standard hourly billing rate is $195 per hour. Offered to our Nevada clients.
Patent Portfolio Analysis for Investors
Are you looking to invest in or acquire a technology company? Then you should have a professional patent attorney analyze the target company’s intellectual property portfolio to make sure you know what you’re really buying. Ideally the company holds high quality patents covering their technology. But perhaps their patents are easy for competitors to design around because the claims are too narrowly drawn. Or perhaps the patents will be easy to invalidate when the time comes to enforce their patent rights against competitors. Maybe the portfolio is full of unused patents, and their in-use technology is not patented at all. These are important patent issues to consider when looking to invest in a technology company.
Cann IP performs patent portfolio analysis for investors to spot these sorts of issues before the big money is committed. Cann IP bills per hour for patent portfolio analysis at our standard hourly billing rate of $195 per hour. Offered to our Nevada clients.
Patent Opinions of Counsel
Have you or your business received a cease and desist letter accusing you of patent infringement? You can protect your business from these patent trolls with an opinion of counsel from a competent outside (out-of-house) patent attorney. Cann IP provides such Opinions of Counsel.
Non-infringement opinions and invalidity opinions help to protect against allegations of willful patent infringement. You may be found to be a willful infringer if you have knowledge of an existing valid patent during alleged infringing activity. Such knowledge most commonly arises when a patent holder sends the alleged infringer a cease and desist letter describing the alleged infringing activity and asserting particular patents claiming that activity.
A finding of willful infringement means that the monetary damages are tripled. This is best avoided with a competent Opinion of Counsel.
Invalidity Prior Art Search - $3000. Usually performed in connection with an alleged patent infringement or patent litigation. The Invalidity Prior Art Search is more extensive than a Pre-Patent Prior Art Search (described on this Fees page under Patent Applications) and includes US, European, and Japanese patents and patent applications, plus relevant technical publications. This higher cost search is designed to uncover prior art that was not considered by the patent examiner when the asserted patent was originally granted. If such prior art can be located, it can be used to invalidate the asserted patent and thereby avoid a finding of patent infringement.
Non-Infringement of a Patent Opinion or Invalidity of a Patent Opinion - $9500. The quoted fee includes the above described Invalidity Prior Art Search. This Opinion of Counsel can argue either that our client's activity does not fall within the claims of the asserted patent, or that the asserted patent is invalid because of prior art uncovered in the Invalidity Prior Art Search. This type of Opinion of Counsel can help a client to avoid a court's finding of willful infringement - an advantageous result because a finding of willful infringement means triple damages. Offered to our Nevada clients.