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Design Patents with Allowance Guarantee

Yuppo-LogoThis week I’d like to talk about a new product that my firm Smartpat is introducing.

It is called Yuppo. And it will revolutionize the traditional design patent prosecution model. In a nutshell, it combines two promises:

  1. An all-inclusive flat rate that covers all legal fees from filing to issue and
  2. an allowance guarantee.

Having worked primarily with smaller companies and individuals for several years I know how much they dislike an invoice over $50 or $100 just for forwarding an Office Action. Having an all-inclusive flat rate gets rid of all those nuisance bills. Instead, a single fee takes care of filing, formalities, reporting, asking questions, and even material responses to Office Actions, where needed. Also, there are no extra fees after allowance or for forwarding the patent certificate.

But while the flat fee seemed to address many of our client’s concerns, there was one aspect that kept bugging me:  That it would inherently create an incentive to dispose of a case quickly, rather than doing everything to getting it allowed. So we came up with another idea, unheard of in traditional patent prosecution: An Allowance Guarantee.  If we can’t get the design allowed, even though the inventor provides support and amended drawings, if needed, we promise to refund our legal fees. Now the incentive is clear: We really want the application allowed, because we want to keep our fee.

Feel free to check the concept out at



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