Frequently Asked Questions:

Q:  How does the fee structure work?

A:  Our fee structure, as well as other details of our attorney-client relationship, will be described to you in a formal engagement letter.  Some tasks may be billed based on a fixed fee (a single fee for a task independent of how long that task actually takes to accomplish), while other tasks may be billed based on an hourly rate.  It is common, for example, for us to bill a fixed fee to draft and file a new patent or trademark application, and to bill an hourly rate for the prosecution of the application before the U.S. Patent and Trademark Office.  We use an hourly rate for the prosecution phase of the process since it is difficult to predict how that stage of the process will actually unfold.  You will not be billed for anything, nor will we be responsible for your case, until we each sign the formal engagement letter.  The initial consultation is free.

Q:  Are there costs in addition to the legal fees?

A:  Yes.  You will be billed for out-of-pocket costs (e.g., filing fees and figure drafting) that we incur while handling your case.  You will be billed at their cost to us.  There will not be any mark-ups.

Q:  How can your firm handle clients anywhere in the U.S.?  Isn’t Michael L. Wise a New York attorney?

A:  Because Michael is registered to practice before the U.S. Patent and Trademark Office, he may represent clients anywhere in the U.S. in matters related to patents and trademarks.  Moreover, he may represent foreign clients wishing to obtain patent or trademark protection in the U.S.

Q:  When we interact, do we need to meet face-to-face, or do you handle things by other forms of communication?

A:  Because our clients are located across the U.S. and abroad, most of our communications with clients occur by phone, email, regular mail, and fax.  Many, if not most, patent attorneys work in this manner. 

Q:  What do I get when I order a patentability search?

A:  When you order a patentability search, we will first carefully examine your invention idea and then use various databases to search for prior art that may be related to your invention.  With the search results in hand, we will then formulate an opinion as to whether your invention is novel and non-obvious over the references that we have found.  We will provide you with a copy of each of the references and a written search report in which we report our opinion. 

Q:  Will you take over the prosecution of a patent application that you did not initially draft?

A:  Yes.  Our firm is very open to doing so.  We will also handle the prosecution of foreign applications before the U.S. Patent and Trademark Office.

Q:  What if I have a concern or question during the process?

A:  We think you will find that we are very accessible by phone, fax, and email.  You can expect us to respond promptly to any concerns or questions you may have.  We pride ourselves in providing personal, professional, and attentive service to our clients.  This is something you may not find in a larger firm.