Frequently Asked Questions

We do our best work when we’re part of a real partnership. That means working with clients who value collaboration, communication, and long-term strategy—whether we’re helping shape a full IP portfolio or advising on how to navigate competitor patents or product development risks.

Most of our clients are companies with ongoing R&D, multiple product lines, and a need for patents that serve actual business goals. If you’re thinking about IP as more than just paperwork—as something that can support growth, reduce risk, or create leverage—we’re probably a great fit.

That said, we know not every client looks the same. If you’re a startup or individual inventor, we’re still happy to have a conversation. We’re most helpful when there’s a broader vision in place and a willingness to treat IP as a business asset, not just a one-time project.

We’re looking for strong working relationships. If you’re looking for the same—and you want a legal team that’s responsive, strategic, and invested in your success—we’d love to connect.

We know we’re not the cheapest option. And we’re not trying to be. We focus on delivering high-quality, strategic IP work that’s aligned with your business goals, not churning out filings at the lowest possible cost. We’re not interested in a race to the bottom.

That said, our rates are very competitive—especially when you compare us to larger firms. In fact, many big firms charge significantly more, even though the actual work is often being done by junior associates with far less experience than the attorneys and agents who will handle your matters at NK.

We’ve built our firm to offer deep technical knowledge, practical legal insight, and responsive client service—without the big firm overhead. The result is sophisticated work product at a fair and sustainable rate.

So while we’re not the lowest-cost provider, we’re also nowhere near the most expensive. We aim to be the best value for companies that care about getting IP done right the first time, by people who know what they’re doing.

We focus our time and energy where we can add the most value—and where we know we can deliver at the highest level. That means we don’t do much copyright work, and we don’t appear in court for IP litigation.

We’re often contacted about copyright-related cease-and-desist letters, but we don’t specifically handle those matters. That said, we have some excellent referral sources we trust and are always happy to connect you with someone who does this type of work more frequently.

On the litigation side, we don’t enter appearances in court. Litigation is incredibly resource-intensive, and as a boutique firm, we’ve made the deliberate decision not to staff for courtroom work. Instead, we often support litigation teams behind the scenes—especially when it comes to patent strategy, technical analysis, and helping shape arguments around claim construction, infringement, and validity. We know how to add value without duplicating the role of lead counsel.

We also don’t handle business formation tasks like creating entities or filing with the Secretary of State, and we don’t provide general corporate legal services. But we work closely with several great business law firms and are always happy to collaborate or make a referral.

If it’s about building, protecting, or leveraging your intellectual property—especially in a technically complex space—we’re in our element. For anything outside that, we can help you find a much better fit than us.

Yes, we generally collect a retainer up-front from new clients for the full amount of the estimated cost of the legal work that will be performed. We will hold your retainer “in trust,” meaning we are holding it for your benefit, and it will be applied to your account as work is performed.  Any unused portion of your retainer will be returned to you.  We will provide regular invoices and may request additional retainer funds if necessary.

Before becoming a client, we will need some information about your business and what type of help you’re looking for. We believe it is very important to understand your broader business goals so we can help you craft an IP strategy that is most effective for your business.

We want to ensure we’re the right fit for you, and you’re the right fit for us. We feel strongly that a good working relationship goes both ways. If we think there’s another law firm out there that’s a better fit for your particular needs, we will let you know.

If you’re looking for assistance with a single patent or a larger patent portfolio, we will also need to know the high-level points of your technology, as well as your main competitors, so we can check for any conflicts we may have.

We believe it is important to be transparent up-front about the costs. Navigating the world of IP can be expensive, and we want you to go into the process with realistic expectations. During our initial discussions, we will provide you with a quote for the estimated costs.

Once we have determined that we’re the right fit for each other and that we have no conflicts, we will send you an engagement letter to review and sign. We will also send a retainer request for the estimated cost.

After you’ve signed the engagement letter and paid the retainer, we will ask you to send us the materials and information you have. You will then speak directly with one of our patent professionals, who will be your point of contact and who you work closely with throughout the process. We always try to pair you with the patent professional whose technical experience is most aligned with your technology.

We charge $1,750 to prepare and file a trademark application for one class. This includes the USPTO filing fee.

To prepare a trademark application, several important details are required. First, you’ll need to specify the trademark itself—whether it’s a word, logo, slogan, or unique design you wish to protect—and provide a clear description of the goods or services you intend to associate with the trademark.

A key part of the process is identifying the type of application you’ll file: either an “in-use” application or an “intent-to-use” application.

• “In-use” application: This option is appropriate if you have already made genuine, commercial sales of your goods or have provided your services to actual customers. It’s essential to note that internal use, such as simply displaying the mark on your website, registering with the Secretary of State, or showcasing the mark at a trade show without sales, generally does not qualify. For goods, your product bearing the trademark should have been sold or transported in commerce to someone outside your personal circle. For services, the date of first use refers to when you actually provided the service to a customer under the brand, not just when you first advertised or launched a website. We’ll also need some documentation as supporting evidence, such as invoices, sales receipts, or marketing materials that show real use in commerce.
• “Intent-to-use” application: This is for when you have not yet used the trademark in commerce, but you have a bona fide intention to do so in the near future. This allows you to secure your rights to the mark before you launch your products or services. However, you will be required to submit proof of use before the trademark can be fully registered.

Additionally, we’ll want to know whether you intend to use the trademark in the U.S., internationally, or both, as this determines the filing process and possible extensions.

Collecting this information in advance will help ensure your application is thorough and positioned for a smooth review. Careful preparation with these details will strengthen your trademark application and provide more effective protection for your brand.

The short answer: plan on 8-12 months, but it can be (and often is) longer.

Once your application is filed with the USPTO, it generally takes about 6-8 months before a Trademark Examining Attorney reviews it. If everything goes smoothly during this process and there are no objections, a trademark will usually register in about a year (from the filing of the initial application).

But as with most things in life, trademark filings don’t always go smoothly. If the USPTO issues an Office Action (essentially an objection or request for clarification), that can add a few more months. If your mark is opposed during the publication period, it could take significantly longer.

We help guide clients through all of this—clearing marks before filing, responding to USPTO questions, and keeping things on track. While we can’t control the government’s timeline, we can make the process as smooth and strategic as possible.

Getting a trademark registered is just the beginning—keeping it alive over the long haul takes a little upkeep.

If you filed your trademark based on “intent to use,” you’ll need to submit a Statement of Use before the USPTO will actually register it. That usually happens within six months of approval, but if you’re not quite ready, you can request an extension under the right circumstances.

Once your trademark is officially registered, you’ll need to file a few key maintenance documents to keep it active:

• Between years 5 and 6 after registration, you’ll need to file a Section 8 Declaration of Continued Use. This is your way of telling the USPTO, “Yes, we’re still using this mark in commerce.” It’s also a good time to consider filing a Section 15 Declaration of Incontestability, which can make your rights harder to challenge down the road (and something many companies overlook).
• Between years 9 and 10, you’ll file a renewal, which includes a Section 9 application and another Section 8.
• Every 10 years after that, you’ll need to file the combined renewal again to keep your registration alive.

Missing any of these deadlines can put your trademark at risk. We help our clients stay ahead of the curve by managing these deadlines proactively, so you don’t have to think about them. Whether you’re overseeing a growing brand portfolio or just getting started, we make sure your trademarks continue to work for your business over the long term.

Yes. We frequently help clients coordinate filings in over 100 countries through the Madrid Protocol. Each international jurisdiction has unique costs and procedures. For planning purposes, expect international filings to cost $ 2,500 or more per country.

Ready to protect your brand globally? Book a trademark consultation.

As with most things in the law, the answer is “it depends.” But we also understand that’s not the type of answer you’re looking for here. The shortest answer possible to this question is: plan on spending $25,000-$ 30,000 spread out over approximately 3 years to obtain an issued patent. There are so many variables to consider here, so please don’t take this as a hard-and-fast rule.

More specifically, plan to spend between $6,000 and $7,000 to prepare and file a provisional patent application. There will be additional costs down the road, but consider this the price of admission.

Our standard turnaround time for preparing and filing a patent application is 3–4 weeks from the date we receive the retainer funds and your supporting materials. This timeframe assumes that you provide us with the necessary materials at the outset, respond promptly to our requests for additional information, and review drafts in a timely manner. Delays in providing information or feedback may extend the overall turnaround.

If you need a faster turnaround, we can often accommodate expedited filings. In these cases, we adjust our internal schedules and prioritize your application, which may involve additional costs depending on the urgency and complexity.

Once we have the necessary information, one of our patent professionals will prepare the written specification and any required drawings. As we’re preparing your patent application, our patent professional may need additional details or clarification about your technology. We may request this either through a follow-up video call, by email, or in an in-person meeting, depending on what is most efficient.

Please note that a formal prior art search and analysis is not included as part of our standard provisional or non-provisional application process. If you would like us to perform a formal search before filing, we are happy to do so for an additional fee.

We handle the entire USPTO filing process on your behalf.

Please note that the overall patent process extends beyond the filing of the initial patent application. For example, for a provisional patent application, you will need to convert that provisional to a non-provisional patent application or a PCT application within 12 months from the provisional filing date. For a non-provisional patent application, the first USPTO examination typically occurs approximately 12–18 months after the non-provisional is filed, which means you can generally expect initial examination results about 24–30 months from the date of your provisional filing.

A provisional patent application can be very loosely viewed as a placeholder. It locks in your filing date and gets you “patent pending” status, but it will not be reviewed by the Patent Office. A provisional application, by itself, will never become an issued patent. A non-provisional patent application, on the other hand, is the formal application that the USPTO actually examines. If approved, it will become an issued patent.

Many of our clients begin with a provisional. This gives them a year to refine their design, disclose their invention publicly, explore the market, talk to investors, and sort out manufacturing. Whether this approach is right for you depends entirely on your business objectives.

If your invention is already finalized and you’re ready to proceed, we can skip the provisional and proceed directly to a non-provisional. It’s more expensive up front, but cheaper in the long run.

We’ll help you decide which approach makes the most sense based on where you are in the product lifecycle and based on your business objectives.

It depends on where you are in the development process and what makes the most sense for your business. A provisional application is often the better choice if you’re still refining your product, figuring out how it fits in the market, or looking for investors. It lets you secure a filing date and say “patent pending” without committing to the full cost of a non-provisional right away. It also gives you a full year to adjust your design, finalize features, and gather feedback before completely locking things in.

On the other hand, if your invention is already in a finished state and you’re ready to move forward, it may make more sense to go straight to a non-provisional. That route avoids the added cost of filing twice and gets you into the examination process sooner.

We help clients think through this all the time. There’s no one-size-fits-all answer—it’s about matching the right legal strategy to your business timeline, budget, and goals.

The short answer: it depends on the type of application and the complexity of your invention.  For a provisional patent application, most of our clients spend between $6,000 and $7,000. That includes attorney time, technical drafting, and filing fees with the USPTO. In many cases, provisional applications can be filed using informal drawings prepared by our team. If professional formal drawings are needed, we will handle that for you as well. Professional formal drawings usually add about $500 to the overall cost.  We require the full amount as a retainer before beginning work, which allows us to reserve attorney and staff time to meet your filing needs.

If you file a provisional and later follow up with a non-provisional (which you’ll need to do within 12 months), the combined cost is usually $1,500–$2,000 more than just going straight to a non-provisional. But that added cost buys you time to test the market, secure funding, or finish your design while keeping your place in line at the Patent Office.

If you choose to file a PCT (international) application instead of, or in addition to, a U.S. non-provisional, that process carries its own set of filing fees and attorney costs, which are typically higher.

*It’s important to note the cost to file a patent application does not include downstream prosecution costs. These costs usually begin to arise 12–18 months after the non-provisional is filed, which means you can generally expect them about 24–30 months from the date of your provisional filing. After a non-provisional application is filed, the USPTO will examine the application to determine patentability. In most cases, the USPTO will issue one or more “Office Actions” raising rejections or objections. Responding to these Office Actions typically costs $2,500–$3,500 per response, depending on the complexity of the issues raised.

We’re always up front about costs and happy to walk you through the pros and cons of each approach. Our goal is to help you make the smartest investment for where your business is today.

The USPTO will pick up the application for an initial review. This typically occurs 12–18 months after the filing of the non-provisional application. The USPTO will let us know the results of their initial review. The initial review often results in rejection. Once this happens, we enter a written, back-and-forth discussion with the USPTO where we respond to the specific points raised during the review. We generally bill our clients on an hourly basis for this type of work. If and when the patent application is allowed, a patent will be issued approximately 6 to 8 weeks later.

It is very likely that your patent application will be rejected, at least initially.  Nearly all U.S. patent applications are rejected, with what is referred to as an Office Action. Occasionally, it is possible to receive an immediate allowance, but this is not a common occurrence and should not be expected.  Once you receive the first rejection, that is where the fun begins.

Ready for serious patent protection? Schedule a discovery call.

You can use “patent pending” after filing a provisional or non-provisional patent application. This status may last months or years, depending on the patent process and type of application. For more information on “patent pending,” take a look at our Insights article, What Does “Patent Pending” Actually Mean, and When Can We Use It?

Generally speaking (note that there are some exceptions), there are two ways to seek patent protection in foreign countries.  The first way is through the Patent Cooperation Treaty, which is commonly referred to in the patent world as “PCT.”  A PCT application must be filed within 12 months of the earliest filing (e.g., usually the provisional).  The second way is by direct filing in specific countries.  This also must be done within 12 months of the earliest filing.

There are pros and cons to both of the above approaches, but generally speaking, a PCT usually makes the most sense.  Once a PCT is filed, you (generally) have 18 months to use that pending PCT application to enter specific countries.  The cost to file a PCT application is usually about $2,500 more than the cost to file a non-provisional application.  When the time comes to enter specific countries, the costs can vary widely by country, but plan on at least $6,000 per country for the initial application.

Developing an international IP strategy? Talk to our patent team.

A design patent protects the visual appearance of a product, not the product’s function.  See Shaping Success: Why Design Patents Matter in Today’s Market for a more detailed discussion about design patents.

A design patent application typically costs $2,500-3,500 to prepare and file the application, depending on design complexity.  There may be additional downstream costs once the USPTO begins reviewing the application.

Ask about our annuity tracking services. Contact us.

It is worth noting that “getting a patent” is never guaranteed.  The goal of filing a patent application is to obtain a patent, but the USPTO must approve the application before a patent is granted.  With that out of the way, here are some general timelines.

Time to prepare and file a provisional patent application: Once we’ve clear conflicts, signed an engagement agreement, and received a retainer payment, it generally takes 3-4 weeks to prepare a provisional patent application.  That means if you’re reading this today, plan on about one month before you will have a patent application pending.

Converting provisional application to non-provisional or PCT application:  A provisional must be converted to either a non-provisional or a PCT application within 12 months of filing the provisional.  That means if you’re reading this today, plan on about 13 months from today to when you will need to convert the provisional.

How long until the USPTO first reviews the non-provisional application? The answer to this depends heavily on the subject matter of the application.  As a general rule of thumb, plan on 12-18 months from the filing of the non-provisional.  That means if you’re reading this today, plan on about 24-30 months before hearing anything back from the USPTO (assuming you start with a provisional and then convert it to a non-provisional).

How long does it take for the USPTO to first review the non-provisional application? The answer to this depends on too many factors to provide a one-size-fits-all answer here.  Generally, plan on 6-12 months of back-and-forth with the USPTO.  That means if you’re reading this today, plan on about 2.5-3.5 years from today before you’ll have an issued patent granted.  However, there are several ways to expedite this process if that’s important to you.

The short answer to this is yes (with many caveats). The longer answer is that this is a much more complicated topic that is difficult to summarize in a FAQ. Generally, the best approach is to assume that you will not be able to make changes to an application once it has been filed, meaning that it is important to file as complete an application as possible the first time.

As discussed in other FAQs, this is quite common.  We respond strategically to the rejection to keep the process moving. If necessary, rejections can be appealed to a different part of the USPTO, and new applications can be filed as divisionals or continuations.

For an overview of the full IP process, schedule a call with our team.