Engagement Agreement / New Client Information
Thank you for choosing to retain the services of the Law Firm of Michael J. Feigin and Associates, LLC to represent you at the U.S. Patent and Trademark Office and to provide Intellectual Property related services. Michael J. Feigin, Esq. has a license to practice and is in good standing with the bars of New York, New Jersey, and the U.S. Patent & Trademark Office. Cheryl Figlin, Esq. has same in Pennsylvania, New Jersey, and the U.S. Patent Office. Each member of the firm may legally serve clients throughout the United States and the world before the U.S. Patent & Trademark Office.
In lieu of a signed paper version of this attorney engagement agreement, an electronic version is presented here which you will be agreeing to, along with sending your first payment to the firm.
Keeping Client Informed
You will be kept informed of the status of your patent application(s) as they progress at the U.S. Patent and Trademark Office (USPTO). The firm will request your approval for each action at the USPTO and comply with your decisions in this respect, subject to ethical and legal obligations as well as professional judgment. The firm will promptly comply with your reasonable requests for information regarding the status of your case(s).
The life of a Utility Patent is currently 20 years. Further, Trademarks must be renewed every 10 years. While we make every effort to stay in touch, you as the client must keep the firm informed of your contact information. Please update us via this website concerning all changes to your address, email, phone number, and so forth, as applicable. In the absence of your express instructions, there is no obligation on the part of the firm to take any action.
Duty of Candor
There is an absolute obligation on the part of those involved with the invention (including inventors, attorneys, etc.) to disclose all information which is material to the prosecution of your patent applications. Thus, if you or anyone at your company (if applicable) is aware of material information which may affect the examination of the patent application for your technology or invention, it must be forwarded to the firm and provided to the USPTO. This is an ongoing obligation until issuance. Failure to provide such information may render a resulting patent invalid or unenforceable. See 37 CFR 1.56 for more information.
What to Expect at the USPTO
A Patent or Trademark Examiner at the USPTO will be assigned to handle your respective applications. He or she works under a Supervisor. We will do our best to communicate with the USPTO to get your patent issued, but there are no guarantees, as the process can be subjective.
Generally speaking, prosecution proceeds with at least the following major steps:
1. Search – to determine what Prior Art is available, so that we may claim a reasonable amount of rights.
2. Drafting – including the written specification, drawings, and claims.
3. Filing – meeting all filing requirements of the USPTO.
4. Information Disclosure – informing the USPTO of all known information about your invention (Patents Only).
5. Office Actions, Interviews, and Responses – communicating back and forth with the Patent Office.
6. Issuance – verifying that all information is correct and printing the patent.
7. Maintenance Fees – payment fees at years 4, 8, and 12 of the patent. Similar fees are required for trademarks on years 6 and 10.
Other requirements may also arise, such as continuations, appeals, and foreign filing. These issues will be explained in due course and as necessary.
Hiring Third Parties
In the course of prosecuting a patent or trademark application, the services of other professionals may be needed, such as, a patent illustrator, a search agency, a foreign associate, and so forth. Such parties will be hired as necessary and confirmed with you.
Fees and Accounting
Before embarking on a service, the firm requires a non-refundable payment of ¾ the estimated cost of a service if over $1,500. For services which cost under $1,500 full payment must be made at the time of initiating the service. Fees are charged either on a flat rate or hourly basis, with estimates provided for each service. The hourly rate will be adjusted yearly and the current billing rate is $285/hr.
Services include conducting a search, drafting and filing an application, responding to an Office Action, filing an assignment or information disclosure document, receiving communications from the USPTO, docketing an issued application, and paying a maintenance fee.
All invoices are sent electronically, that is, an email will be sent with a link to view your invoice in a web browser and payments may be made via electronic check.
Invoices must be paid within 30 days and before filing of any document at the USPTO. While it is the policy of the firm not to charge interest, by sending payment, through this website you are consenting to payment for time and associated fees attempting to collect payments more than 30 days past due at the billing rate listed above.
At any time, you may choose to terminate the services of the firm by filing a revocation or new power of attorney with the USPTO (if applicable) and notifying the firm in writing. All outstanding invoices must be paid and you must consent to signing any necessary forms for submission at the USPTO.
The firm agrees to preserve your confidentiality as our client in accordance with U.S. Patent and Trademark Office rules as set out in the Code of Federal Regulations sections 37 CFR 10.56, 37 CFR 10.57 and 37 CFR 1.56.
Payment & Acceptance of The Terms
Thank you for your business and placing your trust in us. You can expect honest and reliable work in return!
Please fill out the below form to agree and send payment for your initial consultation. This initial fee will be credited towards future work, should you decide to move forward.