I've only been a patent attorney for a few months, and I'm already getting several clients both in patent and trademark. I was wondering if anyone has any fee suggestions? I am not familiar with a fee structure for this kind of work yet. My clients so far are looking for research related to their ideas. Most are complex. Thanks so much for your help!

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Not trying to gatekeep here but I really think you need to learn under another attorney for at least 2-3 years. I can’t imagine doing this job well out of law school.

likehelpful

Does your firm allow you to take a client on by yourself? Usually junior associates who bring in a client go to the partner who’s their mentor and the partner helps walk them through it.

AIPLA compiles an economic report that shows averages costs for normal patent services. The costs are broken down by region and technology. That should provide you with a good starting point.

As others have indicated, it would probably be wise to team up with a more experienced patent professional to guide the process. Malpractice insurance is expensive for patent prosecution attorneys for reason. It’s very easy to make critical mistakes.

Are you looking for different answers than you got on Reddit a few days ago?

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Additional Posts in Patent Prosecution

Where the best way to process POA for a large number of patent applications?

Is it to get a form 82 signed and attach it to different transmittals for each application and file separately in each case? Is there an easier way?

A frustrated colleague asked for help with a difficult prosecution. I agreed to help. I just reviewed up the case and the examiner is combining NINE references. I think that’s a record for me. What’s your record for most number of references combined?

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Does anyone find an attack on the Examiner’s prima facia showing of obviousness a lot more effective than distinguishing each and every prior art reference.

I recently underwrote a reply to final. Didn’t even bother with the references since I just got the case. Overcame the rejections.

Can anyone comment on how effective this is?

likehelpful

What do hiring partners (or HR in in-house) generally think about a lateral that are in the middle of a part-time MS degree program (STEM MS program)?

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In what order do you draft a patent application? I know the official answer is “it depends.” But what do you find yourself do most often? For me, it’s claims —> drawings —> spec.

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I’m looking for a tool that allows me to search for text in Office Actions and responses. For example, is there a way to search for ‘written description’ or ‘improper Markush’ issued by Examiner John Smith? Does something like this exist?

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Just curious: how much time would you bill for on prepping instructions to a FA for a response? Feel free to break down by how long you’ve been practicing, complexity, or any other factor you think is relevant.

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Taking the patent bar in a week and it’s been so tough studying while working. I’m so behind in my hours this month, and my firm (midlaw, IP only) was pretty clear that they expect my hours to stay on track this month regardless of the exam. I don’t know how I’m going to get through this week and then make it through 6 hours of testing. Please tell me the afternoon session is easier than the morning session, like some others have said 🙏🏽

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For me, I dislike drafting the spec to explicitly recite the basic things it does, eg, server talks to client to do <basic action>.

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Prosecution associates - what are your hours looking like this year?

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How do firms handle export control rules compliance for inbound disclosures for new filings?
Do you make the determination of export control classification number (ECCN) yourself based on each inbound disclosure? Do you ask the client to provide the ECCN, if they know it? Do you play ostrich? Or something else?

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How many billable hours do people in prosecution tend to average each month? I’ve gone through waves of feeling like my billable hours requirement is reasonable to feeling like I’m drowning and can’t possibly do it for that long.

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