FAQ’s

Intellectual property is a term that describes the ownership of intangibles – such as the ownership of ideas or the specific expression of an idea, of names, slogans, designs or concepts. There are many types of Intellectual Property, the most common of which are patents, trademarks, copyrights, and trade secrets. Intellectual property law is very sophisticated and the BLK Law Group exclusively practices in this area of the law.

When choosing a lawyer for any matter, one of your primary considerations should be how comfortable you feel when working with them. You will be in contact with them a great deal.

• Are they accessible?
• Do they respond to your calls promptly and with the desired information?
• Do they explain what you need to know in a helpful way?

When it comes to intellectual property, however, there are additional considerations. Intellectual property law is not for every lawyer. Typically, intellectual property practitioners are educated in science, engineering and/or math disciplines as well as in the law. Patent practitioners must take a licensing exam in addition to the bar exam to determine if they are knowledgeable enough to practice in front of the U.S.P.T.O.

An Intellectual Property firm that can offer qualified practitioners and a competent staff is a good start. A firm that employs former patent examiners adds a unique advantage, because they have intimate knowledge of the process by which the U.S. government determines which inventions and designs merit patent protection. Both Blynn Shideler and Krisanne Shideler worked as patent examiners for the U.S. P.T.O.

Clients often primarily want to know what a matter will cost. Attorneys often say that the costs will vary depending upon the particular facts and that is very true in intellectual property matters, but clients still would like a ballpark knowledge of costs as they decide how to proceed. The following are some helpful general guidelines but the facts of any matter may vary.

COPYRIGHTS – This firm typically charges $400, including the governmental filing fee, for the registration of a single copyright work with the United States Copyright Office. The typical pendency is less than six months.

TRADEMARK – This firm typically charges $700 for the preparation and filing of a single class U.S. trademark application, including the base governmental fee, and less than $1250 total for preparation, filing and the prosecution through registration, where no appeal, opposition, cancellation or substantive rejections are encountered. The total pendency is generally 12-18 months in such a typical registration. Trademark owners do have costs in maintaining their registrations in place.

UTILITY PATENTS – The costs of a utility patent vary widely depending upon the nature of the invention, the number of patent applications and in what jurisdictions these are filed and pursued. Patent prosecution typically spans several years from original filing to patent issuance. However, as a general initial cost guideline this firm will typically charge $2500-$5000, including the governmental fee, for the preparation and filing of a comprehensive initial patent application (generally a provisional patent application) on a utility patent concept. Utility Patent Owners do incur costs to maintain their patents as enforceable throughout their life.

DESIGN PATENTS – Design patents cost considerably less, likely less than $2,500 total if adequate drawings are available, but represent a distinct type of protection substantially different from a utility.

IP LICENSING/ENFORCEMENT – The legal fees incurred though licensing processes and enforcement regimens vary such that even a ballpark estimate of costs is highly fact dependent.