Patent lawyer screwing me over?

[DanTMWTMP]

I send in the drawings to my patent lawyer.
They are professionally done. I had them outsourced to an engineer who does this stuff, and he did an exceptional job. I had a verbal agreement that I did not have to pay $500 per drawing, so I just had to pay $2500 for the entire thing. He charges $2500 for the patent if I provide him with the drawings myself. Any drawings he does himself, he'll charge $500 per drawing.

I already gave him the $2500. Whatever.. nevermind the fact that he took a year to do this for me. Bastard...

The patent was submitted to the US patent office about a month ago...

I just got his statement, and he included charges for 4 drawings in it. I owe him an additional $2000. WTF...


I wanted him to submit 6 drawings, yet he charges me for 4 for "redrafting" fees.

The ones I sent in were done very well, and I had multiple copies of them (all varying in size, even sent electronically to him). I'm assuming he only submitted 4 drawings.


I emailed him about this, and he replies with this:

The drawings you provided may only be used for design patent application.

Regarding to the Utility Patent application submitted, we did redraft the four drawings in order to meet the requirement of the United States Patent and Trademark Office.

Thank you for your inquiry and please contact us if you have any other questions.

eh? I've seen drawings that are of waaay worse caliber. I've seen scribbles. What needs to be redrafted so it costs $500 per diagram??? wtf is this.

Is this correct? Is he cheating me or what? I just sent him another email demanding that I see the 4 he "redrafted."

The drawings were scalable, and I gave him an electronic version that had multiple sizes. Sent him hardcopies.

EDITed for clarity.

 

[AgaBoogaBoo]

Mistake starts right here: I had a verbal agreement that I did not have to pay $500 per drawing, so I just had to pay $2500 for the entire thing. I already gave him the $2500.

Over $500, you need to have a formal contract.

I'm confused though, what is the extra $2k for? Fixing his own mistakes in the previous deliverables?

 

[DanTMWTMP]

Originally posted by: AgaBoogaBoo
Mistake starts right here: I had a verbal agreement that I did not have to pay $500 per drawing, so I just had to pay $2500 for the entire thing. I already gave him the $2500.

Over $500, you need to have a formal contract.

I'm confused though, what is the extra $2k for? Fixing his own mistakes in the previous deliverables?

he charges around $2500 for a patent if we provide the drawings. If he has to make them, then he charges $500 per drawing.

 

[Corporate Thug]

ummm...that doesnt make any sense. Why didnt he just submit the drawings as-is, then re-draft if/when the app was denied?

Also, why is he applying for BOTH a design patent AND a utility patent? Either way, I'm fairly sure that there is no functional difference between the drawings submitted for either type of patent.

 

[AgaBoogaBoo]

he charges around $2500 for a patent if we provide the drawings. If he has to make them, then he charges $500 per drawing.

So do you have a written estimate somewhere? Legally, he has to come within 10% of his estimate from what I have learned about business law, but I don't remember what level that's enforced on and what else is related to it.

Ask him in a firm voice why he didn't mention this before doing the work and charging you for it. You guys had an agreement and he has to stick by it.

 

[DanTMWTMP]

Originally posted by: AgaBoogaBoo

he charges around $2500 for a patent if we provide the drawings. If he has to make them, then he charges $500 per drawing.

So do you have a written estimate somewhere? Legally, he has to come within 10% of his estimate from what I have learned about business law, but I don't remember what level that's enforced on and what else is related to it.

Ask him in a firm voice why he didn't mention this before doing the work and charging you for it. You guys had an agreement and he has to stick by it.

Well, I paid him on the spot the first day I met him. I have that receipt. He specifically told me that I don't have to pay squat if I submit the drawings for him. I suspect he lost the drawings as I sent him 6 a year ago, since he keeps mentioning 4 drawings. They couldn't have been rejected as the guy who did it has experience with doing drawings for patents. He thinks it's absolute bs.

 

[AgaBoogaBoo]

Originally posted by: DanTMWTMP

Originally posted by: AgaBoogaBoo

he charges around $2500 for a patent if we provide the drawings. If he has to make them, then he charges $500 per drawing.

So do you have a written estimate somewhere? Legally, he has to come within 10% of his estimate from what I have learned about business law, but I don't remember what level that's enforced on and what else is related to it.

Ask him in a firm voice why he didn't mention this before doing the work and charging you for it. You guys had an agreement and he has to stick by it.

Well, I paid him on the spot the first day I met him. I have that receipt. He specifically told me that I don't have to pay squat if I submit the drawings for him. I suspect he lost the drawings as I sent him 6 a year ago, since he keeps mentioning 4 drawings. They couldn't have been rejected as the guy who did it has experience with doing drawings for patents. He thinks it's absolute bs.

If they're already submitted, I don't think you need to worry about this.

Ask him to send a copy of what he sent to you so you can compare it and you want him to outline what was wrong with what you sent. It does sound like he lost them to me.

By the way - is this a personal patent that you came up with or for work or something?

 

[DanTMWTMP]

Originally posted by: AgaBoogaBoo

Originally posted by: DanTMWTMP

Originally posted by: AgaBoogaBoo

he charges around $2500 for a patent if we provide the drawings. If he has to make them, then he charges $500 per drawing.

So do you have a written estimate somewhere? Legally, he has to come within 10% of his estimate from what I have learned about business law, but I don't remember what level that's enforced on and what else is related to it.

Ask him in a firm voice why he didn't mention this before doing the work and charging you for it. You guys had an agreement and he has to stick by it.

Well, I paid him on the spot the first day I met him. I have that receipt. He specifically told me that I don't have to pay squat if I submit the drawings for him. I suspect he lost the drawings as I sent him 6 a year ago, since he keeps mentioning 4 drawings. They couldn't have been rejected as the guy who did it has experience with doing drawings for patents. He thinks it's absolute bs.

If they're already submitted, I don't think you need to worry about this.

Ask him to send a copy of what he sent to you so you can compare it and you want him to outline what was wrong with what you sent. It does sound like he lost them to me.

By the way - is this a personal patent that you came up with or for work or something?

Cool thanks. I'll do that.

And this is a personal patent.

 

[cubby1223]

Originally posted by: AgaBoogaBoo
Ask him to send a copy of what he sent to you so you can compare it and you want him to outline what was wrong with what you sent. It does sound like he lost them to me.

Lawyers usually charge by the hour, rounding up, for making copies. A 1 minute photocopy becomes a 1 hour charge. They screw ya whenever they get an opportunity. *Maybe* this lawyer won't charge, but given the premises of this thread...

 

[AgaBoogaBoo]

Originally posted by: cubby1223

Originally posted by: AgaBoogaBoo
Ask him to send a copy of what he sent to you so you can compare it and you want him to outline what was wrong with what you sent. It does sound like he lost them to me.

Lawyers usually charge by the hour, rounding up, for making copies. A 1 minute photocopy becomes a 1 hour charge. They screw ya whenever they get an opportunity. *Maybe* this lawyer won't charge, but given the premises of this thread...

I would agree, but because he paid $2500 and they had an agreement, the lawyer has to fulfill his duties. If he thought it would vary this much, he should have said something a lot sooner, and/or put it down in an estimate that it might vary that much. I don't think he can legally agree to do the work for $2500, and then just add on another $2000. If it went from $2500 to $2750 or something, I might say to not worry about it as much, but $2k on top of the initial payment is wrong.

 

[JEDIYoda]

no written contract...not a good thing!!

 

[cubby1223]

Originally posted by: AgaBoogaBoo
I would agree, but because he paid $2500 and they had an agreement, the lawyer has to fulfill his duties. If he thought it would vary this much, he should have said something a lot sooner, and/or put it down in an estimate that it might vary that much. I don't think he can legally agree to do the work for $2500, and then just add on another $2000. If it went from $2500 to $2750 or something, I might say to not worry about it as much, but $2k on top of the initial payment is wrong.

You're assuming lawyers are normal, caring people. They're not. Some just make up the rules. Simple things like having a secretary to email or mail a blank form to you is a $200 charge.

 

[911paramedic]

You had a verbal contract with a lawyer... bwaaahaahahahahaha. Are you kidding?
Anyways, there was no "meeting of the minds" when it came to this extra $2K, and he never notified you of the problem, so he(she)'s shit out of luck.

P.S. If it's been patented, pull it up and look at what drawings are included.

 

[dbot]

If he submitted it last month ago, it hasn't issued yet, and probably hasn't been looked at yet.

You won't be able to see what it looks like till it gets published 18 months from now, or when it gets issued. Depending on what kind of patent it is, most likely the 18 months publishing will come first.

From my experience, patent lawyers can be pretty petty about details, its the nature of the job. Negotiating and nitpicking details is what IP is about. I don't see why he needed to correct the drawings that much though, if they were professionally done. Some applications are downright rediculous.

 

[Dirigible]

$2500 for a patent is incredibly cheap. $500 per page for drawings is incredibly expensive (unless the drawings are super-incredibly complex). It looks to me like he makes his money with the drawings and doesn't want to miss out on that piece of the pie.

If you don't agree with the bill, you can negotiate. You have the leverage because you have what he wants (money). He has little leverage because you have the right to unilaterally switch attorneys and have a different patent attorney or agent prosecute the application, or even prosecute it yourself. He may sue you for the money but not many attorneys will do that over small amounts.

 

[MrChad]

we did redraft the four drawings in order to meet the requirement of the United States Patent and Trademark Office.

Are you familiar with these requirements? Was the engineer you hired familiar with the requirements?