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General Information |
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Basic Filing Expense Whether a PCT application is the first-filed (originating) application, or more likely a subsequent application, there are some basic filing-related charges. At current rates of exchange, the basic PCT filing and search fees paid to the Government, and the related disbursements total a minimum of approximately $3,500 in Canadian funds, and the total filing expense to cover all PCT countries is usually a minimum of about $7,000, occasionally less, but frequently more. This is in addition to the basic preparation cost of preparing specification, claims, abstract and drawings, which preparation cost is highly variable. If the PCT application is, apart from formalities, basically the same as a previously filed patent application filed in, say, the U.S. or Canada, then the additional preparation cost for the PCT application is zero. The filing-related expenses fluctuate with the exchange between the Canadian dollar and the Euro, and the number of pages of application text and drawings submitted. Further, if the client wishes to obtain a European patent, it is usually advantageous to draft additional claims in preferred European format, which can add to the basic filing expense. Post Filing Expenses Note that additional post-filing charges typically arise during the international phase of a PCT application. The amount of such charges is impossible to predict as the charges depend to a large extent on the nature of any objections to the application and how the applicant wishes to respond to such objections, both of which are out of our control. Further, if the PCT application is carried forward into the national/regional phase, there will be charges associated with filing and prosecuting the national/regional applications. Such charges are highly variable, but as a rough ballpark figure, charges of $15,000 per country are not unusual. Also, once the client has elected those countries and regions in which the national or regional phase of prosecution will occur, maintenance fees are charged by each national Patent Office to maintain the patent or application in force. These fees vary from country to country and typically increase with the age of the patent or application. Count on spending at least a few hundred dollars per elected country per year.
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here written constitutes legal advice. The accuracy of what is written
is not guaranteed. |
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