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Representation under the Patent
Cooperation Treaty, in the United States Patent
Office
I) For the creative applicant filing an
initial patent application, under the PCT Treaty,
who utilize the USPTO as the Receiving Office
1) Rather than first filing a
national patent application in a country, such
as the United States, the United Kingdom, or
Japan, some of the well endowed applicants
select this route to file their initial utility
patent application.
2) Due to the extreme precision
required in preparing a Patent Cooperation
Treaty Application, its accompanying
documentation, potential non-North American
communications as well as possible translation
expenses, the professional charges by the
Counseling The Creative® Office to the
creative applicant are similar, although higher,
for the preparation of the International PCT
Application disclosing a "simple" invention than
those associated with the initial preparation
costs associated with the pre-USPTO-filing of a
United States Utility Application for Letters
Patent.
a) Counseling
The Creative® illustrative fees for
preparing a United States utility patent
application
b) Counseling The Creative®
fees are higher for complex applications
c) The
Receiving Office requires several fees to
accompany the filing of a PCT
Application.
II) For the creative applicant filing a
PCT International Application, who has previously
utilized Counseling The Creative® to prosecute
the United States Application for Letters
Patent
1) Generally, unless mandated by the First Office
Action directed to the previously filed United States Application
for Letters Patent, Counseling The Creative® requires a retainer
of at least US$2100.00 to file the PCT International Application
with the US Receiving Office.
a) The
Receiving Office requires several fees to
accompany the filing of PCT Application.
III) For the creative applicant, who has
already filed their PCT International Application
disclosing a "simple" invention, wherein the date
for entering the US National Stage and converting
the prosecution of the PCT Application into a US
Application for Letters Patent before the USPTO is
drawing near and wherein said date is subsequent to
the international priority date.
1) To minimize expenses, the
creative applicant should make the initial
contact of the Counseling The Creative®
Office at least 90-120 days before the US
National Stage is to be entered.
2a) If a PCT Application, already
written in the English language PCT format, is
to be filed in the USPTO and the creative
applicant does not direct Mr. Pearce to make
significant alterations to that PCT Application
before converting it to a US Application for
Letters Patent in the USPTO, Counseling The
Creative® requires at least a US$3000.00
retainer for rendering this service as well as
all non-North American communication expenses;
or
2b) If a PCT Application, not already written in the
English language, is to be filed in the USPTO, Counseling The
Creative® requires at least a US$4200.00 retainer to prepare
and file the translated Application in the USPTO. Additionally,
the creative applicant will also incur translation as well as
non-North American communication expenses.
3) Professional charges by Counseling
The Creative® to the creative applicant for
the prosecution of the converted PCT Application
in the USPTO which was originally filed in a
jurisdiction other than the United States will
likely be higher than those associated with the
prosecution of a United States Utility
Application for Letters Patent originally filed
in the United States by the Counseling The
Creative® Office.
a) Counseling
The Creative® illustrative fees for
preparing a United States utility patent
application
b) Counseling The Creative®
fees are higher for complex applications
c) The
Receiving Office requires several fees to
accompany the filing of a PCT
Application.
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