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BRUCE
& McCOY |
| ATTORNEY-CLIENT FEE CONTRACT |
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This ATTORNEY-CLIENT FEE CONTRACT ("Contract") is entered into by and between ________________________ ("Client") and BRUCE & McCOY ("Attorneys").
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1.
CONDITIONS. This Contract will not take effect, and Attorneys will have
no obligation to provide legal services, until Client returns a signed
copy of this Contract and pays the retainer fee called for under Paragraph
3, and a copy of this contract signed by the Attorneys is returned to
Client.
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2.
SCOPE AND DUTIES. Client hires Attorneys to provide legal services in
connection with patent preparation. Attorneys shall provide the following
services: prepare and file an application for U.S. Letters Patent in the
United States Patent and Trademark Office. Attorneys' services will not
include the further prosecution of the application through the U.S. Patent
& Trademark Office without terms for further compensation being agreed
upon after the pending patent application receives the official action
from a U.S. Patent Examiner. Attorneys shall take reasonable steps to
keep Client informed of progress and to respond to Client's inquiries.
Client shall be truthful with Attorneys, cooperate with Attorneys, abide
by this Contract, provide Attorneys with requested information, pay Attorneys'
bills on time, and keep Attorneys advised of Client's address, telephone
number, and whereabouts.
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3.
RETAINER. Client agrees to pay a retainer fee of (estimated cost) towards
Attorneys' costs and services under this Contract which is due in advance.
Attorneys shall have no obligation to provide services to Client until
the retainer fee is paid in full. Client agrees to pay the remainder of
the bill for costs and services due on presentation of the bill before
Attorneys shall be obligated to file any applications in the United States
Patent & Trademark Office. Unless the fee retained would be unconscionable
and except as provided in Paragraph 4, the fee will be earned in full
and no portion of it will be refunded once any substantial services have
been performed. Estimated fees and costs are stated on the attached Rate
Schedule.
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4.
DISCHARGE AND WITHDRAWAL. Client may discharge Attorneys at any time.
Attorneys may withdraw with Client's consent or for good cause. Good cause
includes Client's breach of this Contract, failure of Client to reach
agreement with Attorneys for further prosecution of the application after
it has been filed, Client's refusal to cooperate with Attorneys, or to
follow Attorneys' advice on a material matter or any other fact or circumstance
that would render Attorneys' continuing representation unlawful or unethical.
If Attorneys withdraw before completing Attorneys' duties under this Contract,
Client may be entitled to a refund of some or all of the retainer fee,
depending on the facts and circumstances.
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5.
CONCLUSION OF SERVICES. When Attorneys' services conclude, all unpaid
charges shall become immediately due and payable. After Attorneys' services
conclude, Attorneys will, upon Client's request, deliver Client's file
to Client, along with any Client funds or property in Attorneys' possession.
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6. DISCLAIMER OF GUARANTEE. Nothing in this Contract and nothing in Attorneys' statements to Client will be construed as a promise or guarantee about the outcome of the prosecution of the Client's patent application before the U.S. Patent & Trademark Office. Attorneys make no such promises or guarantees. Attorneys' comments about the outcome of Client's matter are expression of opinion only. |
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7. EFFECTIVE DATE. This Contract will take effect when Client has performed the conditions stated in Paragraph 1, but its effective date will be retroactive to the date Attorneys first provided services. Even if this Contract does not take effect, Client will be obligated to pay Attorneys the reasonable value of any services Attorneys may have performed for Client. |
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8.
INSURANCE. Attorneys carry malpractice insurance.
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| BRUCE & McCOY | |
| Date:______________________________ | By:______________________________ |
| Date:______________________________ |
Bye:______________________________ Client Name: |
| UTILITY PATENT RATE SCHEDULE | ||
| A. IDENTIFICATION | ||
| Client:_____________________________ | [ name ] | |
| Matter:_____________________________ |
Preparation of U.S.
Letters Patent for |
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| B. ESTIMATED COST | ||
| Patent Preparation: | not to exceed $7,500 | |
| Patent Office Filing Fee: | $370 ( small entity ) | |
| Drawing Costs: | $125 per sheet (usually 2-3 sheets) | |
| (Misc. Costs: Copying, telephone, express mail, etc.) | Less than $50 | |
| C. PROSECUTION
AFTER OFFICIAL ACTION Response to a Patent Office Examiner's official action in utility cases generally runs between $300 - $3500. In 75% of the cases, it is $1000-2500. |
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| D. ISSUE
FEES The small entity issue fee is presently $640 plus $30 for eight official copies. The Attorneys' fees associated with notifying the client, paying the fee, proofreading the issued patent, and forwarding the patent to the client with instructions re required marking and payment of maintenance fees are $150. |
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| E.
MAINTENANCE FEES Patent maintenance fees are presently as follows: |
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| Small Entity | Large Entity | |
| Due at 3 1/2 years after issue date: | $440 | $880 |
| Due at 7 1/2 years after issue date: | $1010 | $2020 |
| Due at 11 1/2 years after issue date: | $1550 | $3100 |
| DESIGN PATENT RATE SCHEDULE | |
| A. IDENTIFICATION | |
| Client:_____________________________ | [ name ] |
| Matter:_____________________________ |
Preparation of U.S.
Letters Patent for |
| B. ESTIMATED COST | |
| Patent Preparation: | not to exceed $1,200 |
| Patent Office Filing Fee: | $165 |
| Drawing Costs: | $125 per sheet (usually 2-4 sheets) |
| (Misc. Costs: Copying, telephone, express mail, etc.) | Less than $50 |
| C. PROSECUTION
AFTER OFFICIAL ACTION Response to a Patent Office Examiner's official action in design cases generally runs between $100 - $2,500. In 75% of the cases, it is $300 - $1500. |
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| D. ISSUE
FEES The issue fee is presently $230 plus $30 for eight official copies. The Attorneys' fees associated with notifying the client, paying the fee, proofreading the issued patent, and forwarding the patent to the client with instructions re required marking are $120. |
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| E.
MAINTENANCE FEES There are no patent maintenance fees for design or plant patents. |
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