SHERMAN IP IS DELAYING ITS ANTICIPATED 2022 FEE INCREASE TO ACCOMMODATE CLIENT BUDGETS. SHERMAN IP’S JANUARY 1, 2022 FEE INCREASE WILL BE EFFECTIVE FOR ANY FILINGS OCCURRING ON OR AFTER FEBRUARY 1, 2022. FILINGS ORDERED AND COMPLETED PRIOR TO JANUARY 31, 2022, WILL BE PROVIDED THE 2020-2021 FEE SCHEDULE.

In order to address inflationary pressures and maintain its high-quality services, Sherman IP will be increasing its attorneys’/service fees and its flat fee, attorneys’ fee portion for all patent and trademark legal work. This increase will affect Sherman IP’s flat fee filings made through its Sherman IP/Control Legal practice platform.

Folks will recall that the United States Patent and Trademark Office (USPTO) increased its fees January 2, 2021. Sherman IP maintained its existing 2020 fees into 2021. Sherman IP even absorbed the USPTO fee increases for a period of time in order to help our clients acclimate to the fee increases. That absorption was meant to allow our clients to maintain a consistent budget for anticipated filings.  Sherman IP attorneys’/service fees stayed constant throughout all of 2020 and 2021.

Unfortunately, there is now significant inflationary pressure which affects all of us and our costs of operations. To allow Sherman IP to maintain the high-quality of its services to its clients and to address its own increase in costs, Sherman IP will increase its fees effective January 1, 2022.

However, to allow our clients to acclimate to Sherman IP’s new 2022 fee schedule, and to allow our clients to complete their work in progress and maintain anticipated budgets, any filings completed on or before January 31, 2022, will be assessed based on Sherman IP’s 2020-2021 fee schedule regardless as to when it is/was ordered.

Beginning January 1, 2022, Sherman IP staff will start to assess the likelihood that a filing will be completed prior to January 31, 2022, in quoting or invoicing a specific filing. That means they will be asking you whether you actually have the materials and other items/information showing you are ready to file. The closer we get to January 31, 2022, the less the likelihood will be that your filing will be completed by month’s end and the more likely that your filing will fall over into February. If that is the case, you will be assessed based on the new 2022 fee schedule.

In Sherman IP’s Control Legal practice platform, all work is conducted on a limited scope, flat fee basis. Each filing is quoted and invoiced separately, which flat fee amount includes all project required attorneys’/service fees for that particular project, as well as project required communications and calendaring involved in that project. A single, quoted, and agreed upon flat fee covers all anticipated work. While Sherman IP is your attorney in your matter, any further work requires Sherman IP to be hired separately for an approved and/or pre-paid flat fee for a particular scope of work which you can control and budget.

We recommend that clients consider filing their anticipated patent and trademark matters now to avoid the fee increases and that any foreign applicants contact us to make sure that their applications are represented appropriately. Sherman IP attorneys are specialists in representing clients before the USPTO.

In the first half of 2022, Sherman IP will also be launching its Control Legal Portfolio Program which will provide additional benefits to our clients who maintain certain volumes of active matters. We are very excited to be bringing that program out in the new year. Stay tuned for more information.

For now, from our family to yours, please stay safe, happy and healthy during the holiday season and in the new year.