FIXED FEES. Our preference
is to bill on a fixed fee basis. This
provides you, our client, with a measure
of certainty for budget planning purposes. In
other words, certain services may be
billed at a fixed fee rather than an
hourly rate, provided that a fixed fee
is arranged for and quoted in advance.
These services include, but are not limited
to the following: patent, copyright and
trademark searches, and patent application
services. Fixed fees include conference
time with the client.
For services other than on a fixed
fee basis, our attorneys record time
spent performing services for you,
including time spent conferring with
you by telephone and otherwise, and
this time is billed at the hourly rate
assigned to the attorney. The hourly
billing rates vary among our attorneys,
and the rates are generally between
$100.00 and $250.00 per hour.
For services other than on a fixed fee
basis, you will normally be billed monthly
for services rendered and cash disbursements
advanced during the preceding month.
COSTS AND DISBURSEMENTS.
The above fees do not include any costs
or disbursements. Costs and disbursements,
including any copying charges, long distance
telephone charges, postage, charges,
filing fees and drawings, are recorded
as incurred, for inclusion in the monthly
For services billed at a fixed fee, and
some fees estimated in advance, payment
for the services and estimated costs
and disbursements is requested before
PATENTS. After a patent
application is filed, amendments may
be required by the Patent and Trademark
Office. Charges for such amendments are
separate from the patent application
preparation and filing fee charges. Additionally,
should the application become allowed,
there are issue fee and maintenance
fee charges, which are also separate
charges. We cannot guarantee that a
patent will be granted on the application.
No patent application charges are refundable
for any reason.
PAYMENT SCHEDULE. All
billings are due and payable when rendered.
Any billing remaining unpaid for more
than thirty (30) days is considered overdue,
and interest may accrue on the unpaid
balance at the rate of 1.5 percent
per month from the due date until paid
in full. Should any billing become
more than thirty (30) days overdue,
future services may not be rendered,
without first making your account current
with our firm.
WITHDRAWAL OF REPRESENTATION.
As a condition of the firm's acceptance
or continuation of representation,
the firm reserves the right to withdraw
representation if there is any overdue
billing, upon giving reasonable advance
notice of the intention to withdraw,
and you agree not to contest in any
manner, the firm's right to withdrawal
under such circumstances. The attorney-client
relationship is one of mutual trust,
confidence and respect. Thus, you retain
the right to discharge us as your counsel
at any time for any reason. Likewise,
we retain the right to cease representing
you, for any reason, thirty days after
giving you notice of our decision to
withdraw. You agree to sign all paperwork
necessary to effect our withdrawal.
Should we withdraw for "cause" (including,
but not limited to, your failure to
follow our settlement or other significant
advice, your failure to have informed
us of any significant matters, or your
failure to remain current on your fee
and costs obligation to us, regardless
of your financial circumstances), you
will remain liable for all fees and
costs incurred prior to our withdrawal.
We encourage questions about these policies.
NATURE OF WORK TO BE PERFORMED.
(Check the Type of services below to
_____ Conduct Preliminary Patentability
You have requested that we conduct
a preliminary patentability search to determine
whether your invention might be patentable.
We have agreed to provide such service
on a fixed fee basis of $_____, which includes
providing an opinion letter and copies
of the patent documents uncovered during
the search. This quoted attorney fee for
our services does not include preparing
additional documents after conducting the
search, such as preparing and filing a
patent application. Such additional services
will be quoted separately and no additional
work beyond the patentability search will
be performed without your specific approval.
_____ Prepare and File
You have requested that we prepare
and file a patent application with the
United States Patent and Trademark Office.
We have agreed to provide such service
on a fixed fee basis of $_______, which
does not include costs for drawings and
filing fees. This quoted attorney fee for
our service does not include preparing
additional documents after the filing of
the application such as information disclosure
statements, reviewing and responding to
issued Office Actions, preparing formal
drawings or issue fee activities, nor reminding
you of maintenance fee obligations, or
foreign filing rights. Such additional
activities will only be undertaken with
your specific approval and will be quoted
in advance of any additional services being
- FOREGOING is understood,
acknowledged and agreed to by the undersigned.