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If I am searching for a patent agent to review a patent application, I would expect that the agent would want to understand the size / complexity of the work.

How is this typically ballparked? For example:

  • page count of the drawings and
  • a page count non-drawings (reading material)
  • number of claims + page count of claims
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  • I'm not sure this can be answered, since I don't think there is a typical approach. I suspect you would be best off asking your prospective attorney.
    – Maca
    Commented Jan 14, 2018 at 23:50
  • I don't think the complexity can be measured with pages. They'll probably tell you how many hours it took when they bill you ;)
    – user18033
    Commented Jan 15, 2018 at 10:56
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    I would want to take a quick look at it and then charge a small fixed fee to discuss the result you are expecting to get out of the exercise. In my experience it would be a rare occurrence that a patent practitioner would take on a detailed review of an inventor's draft application. The likelihood that it was close enough to what would be worth filing to be reviewable is usually low.
    – George White
    Commented Jan 16, 2018 at 19:43
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    I'm not a lawyer, but my guess is that a patent attorney or agent would want to draft the entire patent and claims. Now the fact that you wrote your own draft should make this process more efficient, but I'm assuming that it is unlikely your draft would be adequate in the eyes of the agent.
    – Eric S
    Commented Dec 15, 2018 at 2:07
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    you get what you pay for will not apply in the service industry, it will apply to products only. You can get good patent applications written at an affordable price. You can not judge quality based on what you have paid.
    – Tara Reddy
    Commented Sep 11, 2020 at 19:40

1 Answer 1

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I just spoke to an attorney about reviewing my pro se patent application. He told me that if an attorney reviews my application it must legally be done as a client. In the case of reviewing my application as my attorney he makes recommendations to changes and I then submit my application after making said changes it no longer technically is pro se. If the USPTO discovers this the helping attorney can be possibly disbarred. He told me good luck on finding an attorney that is willing to risk their license.

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    I'm a patent agent, subject to the exact same rights and responsibilities - relative to the USPTO - as a patent attorney. I agree with the "good luck finding an attorney" to review your application but there is no USPTO rule that it cannot be done. If you did engage someone to review your application you would automatically be considered a client. When I started out I reviewed a couple of inventor-written applications - It's not likely to end well. A lawyer's insurance might not allow him/her to take on this type engagement, but it would not be an ethical violation of the USPTO ethics rules.
    – George White
    Commented Jan 19, 2018 at 23:29
  • Thank you for your time in adding to my comment. I was very excited several days ago when I began searching for an attorney that may be willing to review my claims. The first attorney that I spoke with is the one who provided the information I supplid in my answer. Your comment has reinvigorated my desire to continue my searching. I understand the results more than likely will be futile so I will devote less time than originally scheduled in my search. Commented Jan 20, 2018 at 15:20

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