On Call Patents

ON CALL ATTORNEYS
CROSBY LAW

DESIGN PATENT APPLICATION ORDER FORM

Who is filling out this form?

Are you one of the inventors?

Are you one of the inventors

If you answered “No,” then please provide your contact information:

Information for Main Contact:
Main Contact Name:
Main Contact Phone:
Main Contact Email:
Main Contact Mailing Address:
Inventor Information
Inventor Name:
Inventor Phone:
Inventor Email:
Inventor Mailing Address:
Inventor Residential Address:
Assignment 

Will the inventors assign this application to a company or third-party?

Assignment(+$250 for our law firm to prepare and record assignment with USPTO)

If this patent application is to be assigned to a company or third party, our law firm will prepare an “assignment” transferring ownership of the patent application. Each inventor will need to sign the “assignment” to transfer ownership. Please note that an application can be assigned at any time, and therefore, you need not do this right now. However, there are various reasons why you may want to assign a patent application (i.e., liability, tax reasons, etc.) - let us know if you need legal advise as to whether you should assign this application (additional legal fees may apply).

Please Tell Us About Your Invention:

Let us know of any designs similar to your design (similar designs may be found in any document including existing patents).

Let us know of any prior patents or products that may be relevant to your invention.

Additional Embodiments?

How many different embodiments (versions) of your design do you want to protect? ( one embodiment is included, but each additional embodiment is an additional $450).

Design patents protect one design. Accordingly, if your product can result in many different looks, a design patent may not be the best option. However, sometimes there are two or three versions of a product that look similar, except for one or two small details. In such situations, we may be able to add additional "embodiments" of the design to the drawings and try to convince the USPTO that you have only one design but with multiple "embodiments." If the USPTO agrees, your patent, if issued, will protect all embodiments shown. However, if the USPTO does not agree, you'll need to pick one of the designs and file "divisional" patent applications to cover the other designs, assuming you still want to protect these other designs. There are some caveats to all of this, and also possible additional legal fees and USPTO fees, so let us know if you need to discuss further.

Public Disclosure?
(Format: mm/dd/yyyy or N/A)

Enter N/A if the invention has not been publicly disclosed or offered for sale.

In the United States, to be eligible for a patent, you must file your patent application within one (1) year of publicly disclosing your invention. Thus, we need to know that we have enough time to prepare and file your patent application within one (1) year of any public disclosure. Note that in many foreign countries, you will lose your foreign patent filing rights if you publicly disclose your invention before filing a patent application.

Drawings

Drawings of an invention are extremely important in a patent application. If you have them, please provide any drawings, sketches and/or photos of your invention (if you prefer to email or mail your drawings, please let us know below). We will use what you provide to prepare professional patent drawings for your patent application.

      I will email or mail my drawings to you

      Special Circumstances:

      Let us know if any of the following circumstances apply:

      Let us know if any of the following circumstances apply:

      Select Your Patent Service:

      U.S. Design Patent ApplicationU.S. Design Patent Application
      U.S. Design Patent Application plus Patentability SearchU.S. Design Patent Application

      All packages are managed by a Registered Patent Attorney. Service times shown above are estimates to first draft for review.

      USPTO Filing Fees:

      Please answer (Yes or No) the following questions so we can calculate the USPTO government filing fees::

      Do you or the assignee (the company or other party that owns or will own the patent application, if any) have 500 or more employees?Do you or the assignee (the company or other party that owns or will own the patent application, if any) have 500 or more employees?
      Has any inventor been named on 5 or more previously filed US design or non-provisional utility patent applications? (Provisional patent applications and foreign applications do not count.)Has any inventor been named on 5 or more previously filed US design or non-provisional utility patent applications? (Provisional patent applications and foreign applications do not count.)
      Did any inventor earn more than $212,352 in gross personal income last year?Did any inventor earn more than $212,352 in gross personal income last year?
      Did the assignee of this patent application, if any, earn in excess of $212,352 in gross income last year?Did the assignee of this patent application, if any, earn in excess of $212,352 in gross income last year?
      Micro Entity
      Micro Entity
      USPTO Expedited Service

      You can pay the USPTO to expedite the examination of your patent application. An expedited design application is examined by the USPTO on average in 3 to 4 months, as compared to the typical 12 to 14 month wait. This expedited service can be important if you need a patent issued quickly, for example where your patent is about to be infringed or a company demands to see an issued patent before working with you. Additional legal and filing fees are required for this expedited service.

      Please contact me to discuss expediting my application before the USPTO

      Important Terms

      Once we receive all drawings, sketches, photos and other information, we will begin preparing your patent application. If you ordered a patent search, you will receive the search by email as soon as it is complete, along with our opinion as to the patentability of your invention. Then, once we have all required views of your design, we’ll prepare the design patent drawings and send you a draft for review. Once you approve the drawings and sign the necessary forms, we will file your application with the U.S. Patent and Trademark Office (“USPTO”). As soon as we file your design patent application with the USPTO you are officially and legally "Patent Pending."

      After your patent application is filed, be sure to let us know if any of the following occurs: (1) your find a relevant prior art patent, publication or product that might impact the patentability of your invention, (2) you publicly disclose your invention or offer it for sale, (3) your entity status changes, or (3) your address, phone number or email address changes.

      The USPTO typically takes between 6 and 18 months to examine a design patent application. However, a one (1) year wait is typical for design patents. Upon examination, we expect to receive a “Notice-of-Allowance” for design patents, which means the USPTO has approved your patent and is waiting for you to pay the government issue fee, whatever amount it is at the time (we will also add our legal fee for paying the issue fee). Once all fees are paid, your design patent will issue and it is valid for 15 years from the issue date. There are no maintenance fees with design patents (unlike utility patents), so there are no fees after payment of the issue fee.

      Please note that any legal fees you paid for this patent application do not apply towards any future work on this application, such as office action responses (rarely needed, but sometimes it is), issue or petition fees, recording fees for assignments, and so on. Please understand that all legal fees are earned upon beginning any review, evaluation and/or preparation of your patent application, irrespective of whether an application is filed. Refunds will not be granted once performance of the legal service has begun.

      Additional Terms: In order to receive a patent in the United States, your invention must be new, useful, and non-obvious in light of all other prior art inventions. If your invention would be obvious to “one of ordinary skill in the art” in the field of your invention, you may not qualify for or receive a patent. Accordingly, be sure that you understand the chances of patentability of your invention before filing a patent application and/or assuming that you will receive a patent. Moreover, patent searches are never 100% accurate or complete, so there is always a chance that a patent search may have missed a relevant reference. Furthermore, there is no guarantee that paying us to prepare and file a patent application on your behalf will result in a patent being granted. Refunds will not be granted for services already rendered. Finally, please note that USPTO filing fees can change without notice, and therefore, you agree to pay any additional amounts owed if the USPTO raises filing fees before we have filed your patent application.

      read, understand the agree to the Important Terms listed above. *

      Limited Scope of Engagement Agreement

      The Parties. You understand and agree that in submitting this request for legal services in the United States in the field of patents, trademarks, copyrights and/or business plan services, you will be represented by the law firm On Call Attorneys / Crosby Law ("Law Firm"), only upon the completion of a successful conflict check and advanced payment by you for legal services.  That is, an attorney-client relationship is established only upon the completion of a successful conflict check, advanced payment, and written confirmation from Law Firm.  Subject to the completion of a successful conflict check, you authorize Law Firm to represent you before the United States Patent and Trademark Office ("USPTO") and/or the United States Copyright Office. You agree to communicate all confidential information to an attorney at Law Firm with which you have established an attorney-client relationship. You understand and agree that upon the completion of a successful conflict check, any fee you have paid for legal services will be deposited into an IOLTA trust account maintained by Law Firm. In the event the conflict check is unsuccessful, the fee paid for legal services will be refunded to you. Where the conflict check is successful, the fee for legal services will remain in the IOLTA trust account until earned by Law Firm.
      Limited Scope of Engagement. You understand and agree that the purchase of legal services from Law Firm is a purchase for limited legal services only.  You understand and agree that legal services will be performed by Law Firm and other attorneys, patent agents, engineers, scientists and other professionals within and outside of Law Firm, as Law Firm deems appropriate.  You agree that Law Firm will only provide those legal services for which you have paid in advance. You agree that many legal services require the payment of a government fee, and such services will not be completed until you have paid in advance the government fee. Here, you understand and agree that the initial legal services provided by Law Firm may include the following: Patent Application: If you order a patent application, the legal services include consultation with you regarding your patent application, preparation and filing of your patent application, and monitoring of your patent application once filed. Patent Search: If you order a Patent Search prior to the preparation of a patent application, the patent search will be completed first and the patent application drafted based on the search results (it is highly recommended that a patent search be conducted before any patent application is prepared).  U.S. Trademark Application: If you order a U.S. trademark application, the legal services include consultation with you regarding your trademark application, a federal trademark search, preparation and filing of your trademark application, and monitoring of your trademark application once filed.  If you have ordered the ULTRA Package, the legal services additionally include a comprehensive state and common law trademark search and responding to non-substantive Office Actions issued by the USPTO.  International Trademark Application: If you order a trademark application for a country other than the U.S., the legal services include designating a foreign law firm licensed in the other country to manage your application, the foreign law firm preparing and filing your trademark application (a trademark search is included only if specifically ordered), and the foreign law firm monitoring your trademark application once filed.  Business Plan:  If you order a business plan, the legal services include preparing a customized business plan based on the information you provide.  Copyright Application: If you order a copyright application, the legal services include consultation with you regarding your copyright application, preparation and filing of your copyright application, and monitoring of your copyright application once filed.  Law Firm will perform the initial legal services called for under this agreement, keep you informed of progress and developments, and respond promptly to your inquiries and communications.  Additional Services:  All additional services are at an additional charge, at the sole discretion of Law Firm.  Any time spent on services additional to the initial legal services set forth above will be billed, as determined at the sole discretion of Law Firm, as either a fixed-fee or by time, at an hourly rate of $325 per hour, billed in increments of one tenth (1/10) of an hour.  Such additional work includes answering questions by phone, email, or in person, drafting documents, research, and any time spent on matters relating to you not included in the scope of legal services described above. Outstanding balances are due upon your receipt of our invoice. We may cease performing work until outstanding balances are cleared. We have no duty to perform additional work outside of the scope of legal services described above but may do so at our discretion to adequately represent you.  Your Representations:  You agree to cooperate with Law Firm, be available as requested, provide necessary declarations, promptly pay all fees and costs, and keep Law Firm informed of your whereabouts and current street address, telephone number(s), fax number, and e-mail address at all times. You understand that Law Firm cannot guarantee the outcome of any legal representation. As such, you understand and agree that filing a patent, trademark and/or copyright is an application process which could result in a denial of your application by the USPTO or Copyright Office.  Accordingly, you understand and agree that all legal services are provided on a "best efforts" basis with no guarantee of outcome.
      Non-U.S. Matters and Foreign Law Firms. In countries other than the United States, you understand that trademark, patent and copyright applications will be filed in your own name where permitted by law or Law Firm will designate a law firm licensed in the other country ("Foreign Law Firm") to manage your application (and/or perform any other legal service in the other country). You understand that where a Foreign Law Firm is designated, the attorney-client privilege will be between you and the Foreign Law Firm. You agree that all communications will be between you and the Foreign Law Firm. However, in the event that confidential information between you and the Foreign Law Firm is communicated to Law Firm, such information shall remain confidential and privileged. With respect to non-U.S. trademark, patent and copyright applications, you understand that the responsibility of the Foreign Law Firm is limited to (i) preparing and filing a trademark, patent or copyright application with the appropriate government office based on the information you provide, and (ii) acting as the contact of record for correspondence between the government office and you. You understand that any agreement to provide additional legal services will be at the sole discretion of the Foreign Law Firm, contingent upon the payment of the appropriate fees. You understand and agree that you may request that Law Firm provide additional assistance with non-U.S. matters, but that any agreement to provide such additional assistance will be at the sole discretion of Law Firm, contingent upon the payment of the appropriate fees. Where a Foreign Law Firm is designated for countries other than the United States, the responsibility of Law Firm is limited to collecting information that you submit through this website, forwarding of the collected information to the Foreign Law Firm and introducing you to the Foreign Law Firm. Law Firm may also at its discretion assist you in obtaining satisfactory service from the Foreign Law Firm. You understand and agree that the fee paid for filing a non-U.S. trademark, patent or copyright application (exclusive of the government fee), may consist of a percentage paid to Law Firm and a percentage paid to the Foreign Law Firm. You understand and agree that the percentage paid to Law Firm is compensation for Law Firm's responsibilities as described herein, and that such percentage amounts to no more than fifty percent (50%) of the total fee (exclusive of the government fee), with the remaining percentage paid to the Foreign Law Firm.
      Waiver of Conflicts of Interest. You agree to a waiver of all current and future conflicts of interest. You acknowledge that Law Firm may currently manage patent matters for another party in a similar business, service or technology area as you, perhaps even a competitor of yours. You also understand and agree that Law Firm may represent future clients in matters that are adverse to you. You consent to Law Firm representing parties in matters adverse to you, provided such adverse representation does not involve confidential or privileged information obtained from the representation of you. Where such adverse representation exists, an attorney not involved in your representation will be assigned to the adverse representation. If a dispute emerges between you and another party that Law Firm represents, Law Firm will not represent either you or the other party to the dispute, except where all parties provide written consent. It is recommended that you consult with independent legal counsel regarding whether you should agree to this waiver of all conflicts.
      When Fees are Earned. You understand and agree that fees are earned by Law Firm, after completion of a successful conflict check and any substantial performance of the legal service has begun. You understand and agree that fees are earned by Law Firm upon beginning any substantial review, evaluation and/or preparation of your patent application, irrespective of whether a filing is made in the matter, as advice by Law Firm not to file constitutes legal advice which may save you time and money. You understand and agree that you may cancel a legal service prior to the time Law Firm begins performance of the legal service. If the legal service is cancelled prior to Law Firm having begun performance of the legal service, the fee you paid will be refunded. However, fees are non-refundable once Law Firm has begun substantial performance of the legal service. You understand and agree that a government fee cannot be refunded under any circumstance, once paid to the appropriate government entity. The USPTO and many foreign patent, trademark and copyright offices do not offer refunds of government fees once paid.
      Your Representations. You agree that all communications between you and Law Firm shall occur via email or telephone. You therefore agree to check your email and telephone regularly for messages from Law Firm. You understand that messages from Law Firm may relate to upcoming deadlines regarding your legal matter, where failure to file a response before the deadline could result in abandonment of your legal matter. Where messages from Law Firm require your response, you agree to respond to Law Firm within seven (7) days of receipt of the message.
      Controlling Law and Venue. You agree that the terms herein as well as any disputes arising from the purchase of legal services from Law Firm shall be governed by and interpreted in accordance with the laws of the State of Maryland, excluding its conflicts of law principles.
      Arbitration & Forum Selection. You agree that any dispute, controversy, or claim arising out of, or relating to, this engagement or the breach thereof shall be resolved by binding, final arbitration between the parties. You agree to waive any right to a trial by jury or participation in a class action suit. You agree that you will only resolve disputes or bring claims in your individual capacity, not as a plaintiff or class member in any class, consolidated or representative action. The arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The seat or place of arbitration shall be Annapolis, MD. By agreeing to binding arbitration, you waive and thereby eliminate your right to submit the dispute for determination by a court, thus waiving your right to a jury trial. The grounds for appeal of an arbitration award are very limited as compared to a court judgment or jury verdict. Therefore, you should consult with independent counsel and carefully consider whether arbitration is acceptable to you. This Agreement is made under and shall be construed according to the laws of the State of Maryland. Unless you are required to arbitrate your claims, all disputes shall be settled in a court of competent jurisdiction in the State of Maryland.
      Termination. You understand that this is a professional relationship, and therefore, you may terminate our engagement at any time upon reasonable notice to us, and we also retain the right to terminate this agreement. In the event that our representation is terminated, you agree to pay all bills thereafter rendered covering expenses incurred prior to the termination.
      Entire Agreement. This agreement contains the entire agreement between you and Law Firm. No other agreement, statement, or promise made on or before the effective date of this agreement will be binding on you and/or Law Firm. If any provision of this agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in effect.
      Form of Signatures. This agreement may be executed by you and/or Law Firm in electronic counterparts.
      Contact Information. Law Firm may be contacted at the following:
      ON CALL ATTORNEYS / CROSBY LAW
      Classic Counsel, P.C.
      1125 West Street, Suite 200
      Annapolis, MD 21401
      Tel: 240-744-4614

      I have read and accept the terms of the Limited Scope of Engagement Agreement. *

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      • I certify that all information submitted is true and complete to the best of my knowledge,
      • I understand that all information submitted via this form will remain confidential, and
      • I authorize the payment of all fees shown below.

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      1125 West Street, Suite 200 Annapolis, MD 21401

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