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Re: Patent Interference Costs Statistics
Dear Mr. Zarfas:
Copied in below are the results of polls I conducted of interference practitioners via the "PatentInterference" Yahoo group web site. The information below should be useful to the patent bar. I would be grateful if you would publish this information. In addition, I will post the information on the Advanced IP articles page of my firm's web site www.Neifeld.com for future reference.
Very truly yours,
Richard A. Neifeld
President, Neifeld IP Law, PC
Colleagues: Here is a summary of the straw polls I conducted via the PatentInterference yahoogroup on the costs for preparing certain common interference papers. Each question was prefaced by the statement:
The paperwork reduction act requires the USPTO to estimate cost for complying with "rules." This includes the interference costs of substantially all types of papers we file. A document recently uploaded to our web site notes the USPTO's best guesses for costs for those activities. This is a straw poll to see if the averages based upon our experience agrees with the USPTO's estimates. ... Please respond immediately, since I will close the poll Friday November 7 and
subsequently report results. Only respond if you have personal knowledge of costs in interferences, and only respond based upon personal knowledge of costs since inception of the Trial Section. Your identity will remain confidential.
PRELIMINARY MOTION COSTS - Question asked to the PatentInterference group members: "What has been your average cost for preparing a preliminary motion? There were 5 respondents. The average cost was $24,500.
RESPONSIVE MOTION COSTS - Question asked to the PatentInterference group members: "What has been your average cost for preparing and filing a responsive motion filed in response to an opponent's preliminary motion? There were 7 respondents. The average cost was $22,000.
OPPOSITION COSTS - Question asked to the PatentInterference group members: "What has been your average cost for preparing and filing an opposition?" There were 5 respondents. The average cost was $17,500.
Since I deem the poll results to be informative, I will conduct a few follow-up polls to determine the average number of each of these types of papers filed interferences.
Rick Neifeld, Ph.D. Patent Attorney
President, Neifeld IP Law, PC and StockPricePredictor.com, LLC
www.Neifeld.com and www.PatentValuePredictor.com