U.S. patent application number 10/710483 was filed with the patent office on 2004-11-25 for processing law firm out-of-pocket costs using a separate account.
This patent application is currently assigned to Patent and Trademark Fee Management, LLC. Invention is credited to Lundberg, Steven.
Application Number | 20040236613 10/710483 |
Document ID | / |
Family ID | 25409364 |
Filed Date | 2004-11-25 |
United States Patent
Application |
20040236613 |
Kind Code |
A1 |
Lundberg, Steven |
November 25, 2004 |
Processing law firm out-of-pocket costs using a separate
account
Abstract
A computerized method and system for the payment of
out-of-pocket fees such as patent and trademark fees is disclosed.
The patent or trademark fee for a client of a firm is charged
against an account maintained by an organization separate from the
firm. A charge issued at a workstation at the firm is delivered to
a patent or patent and trademark agency, or a foreign associate
firm, where it is cashed against an account maintained by the
separate organization. The firm bills the client for the fee, along
with a service charge, while the separate organization bills the
firm for the fee and the service charge. Payment from the client to
the firm for the fee and service charge is then sent to the
separate organization to cover the firm's bill from the separate
organization. A law firm maintains its own account and uses a
second account funded with a loan to pay the out-of-pocket
costs.
Inventors: |
Lundberg, Steven;
(Minneapolis, MN) |
Correspondence
Address: |
SCHWEGMAN, LUNDBERG, WOESSNER & KLUTH, P.A.
P.O. BOX 2938
MINNEAPOLIS
MN
55402
US
|
Assignee: |
Patent and Trademark Fee
Management, LLC
Minneapolis
MN
|
Family ID: |
25409364 |
Appl. No.: |
10/710483 |
Filed: |
July 14, 2004 |
Related U.S. Patent Documents
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Application
Number |
Filing Date |
Patent Number |
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10710483 |
Jul 14, 2004 |
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10022153 |
Dec 14, 2001 |
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10710483 |
Jul 14, 2004 |
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08898377 |
Jul 22, 1997 |
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6363361 |
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Current U.S.
Class: |
705/4 |
Current CPC
Class: |
G06Q 50/18 20130101;
G06Q 30/0283 20130101; G06Q 20/14 20130101; G06Q 20/102 20130101;
G06Q 20/042 20130101; G06Q 20/04 20130101; G06Q 40/08 20130101;
G06Q 40/00 20130101; G06Q 30/04 20130101; G06Q 20/10 20130101 |
Class at
Publication: |
705/004 |
International
Class: |
G06F 017/60 |
Claims
1. A method comprising: a law firm having at least one first
account; the law firm using at least one second account with a
financial institution to pay out-of-pocket costs incurred for
clients of the law firm, wherein the second account is maintained
specifically to pay out-of-pocket costs for clients of the law
firm; and the law firm billing at least some of the law firm
clients for costs associated with using the second account to pay
out-of-pocket costs for the clients.
2. A method according to claim 1 further wherein the first account
is a checking account.
3. A method according to claim 1 further wherein the second account
is a checking account.
4. A method according to claim 1 further wherein the out-of-pocket
cost is a payment to a government patent and trademark office.
5. A method comprising: a law firm having at least one first
account; the law firm using at least one second account with a
financial institution to pay out-of-pocket costs incurred for
clients of the law firm, wherein the second account is funded with
a loan to pay out-of-pocket costs for clients of the law firm; and
the law firm billing at least some of the law firm clients for
costs associated with the loan used to fund the second account.
6. A method comprising: a law firm having at least one first
account; the law firm using the first account to pay selected
out-of-pocket expenses incurred for clients of the law firm; the
law firm using at least one second account with a financial
institution to pay other out-of-pocket costs incurred for clients
of the law firm, wherein the second account is maintained
specifically to pay out-of-pocket costs for clients of the law
firm; and the law firm billing at least some of the law firm
clients for costs associated with using the second account to pay
out-of-pocket costs for the clients.
7. A method according to claim 6 wherein the selected out-of-pocket
expenses are selected based on the client for which the expense is
being paid.
8. A method according to claim 6 wherein the selected out-of-pocket
expense is selected based on an attribute of the out-of-pocket
expense.
9. A method comprising: a law firm having at least one first
account; the law firm using the first account to pay selected
out-of-pocket expenses incurred for clients of the law firm; the
law firm using at least one second account with a financial
institution to pay to pay other out-of-pocket costs incurred for
clients of the law firm, wherein the second account is funded with
a loan from a party independent of the law firm used to pay
out-of-pocket costs for clients of the law firm; and the law firm
billing at least some of the law firm clients for costs associated
with the loan used to fund the second account.
10. A method according to claim 9 wherein the selected
out-of-pocket expenses are selected based on the client for which
the expense is being paid.
11. A method according to claim 9 wherein the selected
out-of-pocket expense is selected based on an attribute of the
out-of-pocket expense.
12. A method comprising: a law firm having at least one first
account; the law firm using at least one second account with a
financial institution to pay out-of-pocket costs incurred for
clients of the law firm, wherein the second account is maintained
at least in part to pay out-of-pocket costs for clients of the law
firm; and the law firm billing at least some of the law firm
clients for costs associated with using the second account to pay
out-of-pocket costs for the clients.
13. A method comprising: a law firm having at least one first
account; the law firm using at least one second account with a
financial institution to pay out-of-pocket costs incurred for
clients of the law firm, wherein the second account is funded at
least in part with a loan from a party independent of the law firm;
and the law firm billing at least some of the law firm clients for
costs associated with the loan used to fund the second account.
14. A method comprising: a law firm having at least one first
account; the law firm using the first account to pay selected
out-of-pocket expenses incurred for clients of the law firm; the
law firm using at least one second account with a financial
institution to pay other out-of-pocket costs incurred for clients
of the law firm, wherein the second account is maintained at least
in part to pay out-of-pocket costs for clients of the law firm; and
the law firm billing at least some of the law firm clients for
costs associated with using the second account to pay out-of-pocket
costs for the clients.
15. A method according to claim 14 wherein the selected
out-of-pocket expenses are selected based on the client for which
the expense is being paid.
16. A method according to claim 14 wherein the selected
out-of-pocket expense is selected based on an attribute of the
out-of-pocket expense.
17. A method comprising: a law firm having at least one first
account; the law firm using the first account to pay selected
out-of-pocket expenses incurred for clients of the law firm; the
law firm using at least one second account with a financial
institution to pay to pay other out-of-pocket costs incurred for
clients of the law firm, wherein the second account is funded at
least in part with a loan from a party independent of the law firm;
and the law firm billing at least some of the law firm clients for
costs associated with the loan used to fund the second account.
18. A method according to claim 17 wherein the selected
out-of-pocket expenses are selected based on the client for which
the expense is being paid.
19. A method according to claim 17 wherein the selected
out-of-pocket expense is selected based on an attribute of the
out-of-pocket expense.
20. A method comprising: a law firm having at least one first
account; and the law firm using at least one second account with a
financial institution to pay out-of-pocket costs incurred for
clients of the law firm, wherein the second account is maintained
specifically to pay out-of-pocket costs for clients of the law
firm.
21. A method comprising: a law firm having at least one first
account; the law firm using the first account to pay selected
out-of-pocket expenses incurred for clients of the law firm; the
law firm using at least one second account with a financial
institution to pay other out-of-pocket costs incurred for clients
of the law firm; and the law firm billing at least some of the law
firm clients for costs associated with using the second account to
pay out-of-pocket costs for the clients.
22. A method according to claim 21 wherein the selected
out-of-pocket expenses are selected based on the client for which
the expense is being paid.
23. A method according to claim 21 wherein the selected
out-of-pocket expense is selected based on an attribute of the
out-of-pocket expense.
24. A method comprising: a law firm having at least one first
account; the law firm using the first account to pay selected
out-of-pocket expenses incurred for clients of the law firm; and
the law firm using at least one second account with a financial
institution to pay to pay other out-of-pocket costs incurred for
clients of the law firm, wherein the second account is funded with
a loan from a party independent of the law firm used to pay
out-of-pocket costs for clients of the law firm.
25. A method according to claim 24 wherein the selected
out-of-pocket expenses are selected based on the client for which
the expense is being paid.
26. A method according to claim 24 wherein the selected
out-of-pocket expense is selected based on an attribute of the
out-of-pocket expense.
27. A method comprising: a law firm having at least one first
account; the law firm using at least one second account with a
financial institution to pay out-of-pocket costs incurred for
clients of the law firm, wherein the second account is maintained
at least in part to pay out-of-pocket costs for clients of the law
firm; and the law firm billing at least some of the law firm
clients for costs associated with using the second account to pay
out-of-pocket costs for the clients, wherein the costs for using
the account are itemized for at least some of the out-of-pocket
costs the second account is used to pay.
28. A method comprising: a law firm having at least one first
account; the law firm using at least one second account with a
financial institution to pay out-of-pocket costs incurred for
clients of the law firm, wherein the second account is funded at
least in part with a loan from a party independent of the law firm;
and the law firm billing at least some of the law firm clients for
costs associated with the loan used to fund the second account,
wherein the costs for using the account are itemized for at least
some of the out-of-pocket costs the second account is used to
pay.
29. A method comprising: a law firm having at least one first
account; the law firm using the first account to pay selected
out-of-pocket expenses incurred for clients of the law firm; the
law firm using at least one second account with a financial
institution to pay other out-of-pocket costs incurred for clients
of the law firm, wherein the second account is maintained at least
in part to pay out-of-pocket costs for clients of the law firm; and
the law firm billing at least some of the law firm clients for
costs associated with using the second account to pay out-of-pocket
costs for the clients, wherein the costs for using the account are
itemized for at least some of the out-of-pocket costs the second
account is used to pay.
30. A method according to claim 29 wherein the selected
out-of-pocket expenses are selected based on the client for which
the expense is being paid.
31. A method according to claim 29 wherein the selected
out-of-pocket expense is selected based on an attribute of the
out-of-pocket expense.
32. A method comprising: a law firm having at least one first
account; the law firm using the first account to pay selected
out-of-pocket expenses incurred for clients of the law firm; the
law firm using at least one second account with a financial
institution to pay to pay other out-of-pocket costs incurred for
clients of the law firm, wherein the second account is funded at
least in part with a loan from a party independent of the law firm;
and the law firm billing at least some of the law firm clients for
costs associated with the loan used to fund the second account,
wherein the costs for using the account are itemized for at least
some of the out-of-pocket costs the second account is used to
pay.
33. A method according to claim 32 wherein the selected
out-of-pocket expenses are selected based on the client for which
the expense is being paid.
34. A method according to claim 32 wherein the selected
out-of-pocket expense is selected based on an attribute of the
out-of-pocket expense.
35. A method comprising: a law firm having at least one first
account funded by the firm; the law firm using at least one second
account funded by a party independent of the firm, wherein the
second account is used at least in part to pay out-of-pocket costs
for clients of the law firm; and the law firm billing at least some
of the law firm clients for costs associated with using the second
account to pay out-of-pocket costs for the clients.
36. A method comprising: a law firm having at least one first
account; the law firm using at least one second account funded by a
party independent of the firm, wherein the funds in the second
account comprise a loan to pay out-of-pocket costs for clients of
the law firm; and the law firm billing at least some of the law
firm clients for costs associated with the loan used to fund the
second account.
37. A method comprising: a law firm having at least one first
account funded at least in part by the firm; the law firm using at
least one second account funded by a party independent of the firm,
wherein the second account is used at least in part to pay
out-of-pocket costs for clients of the law firm; and wherein there
is a charge assessed in connection with the payment of
out-of-pocket expenses from the second account and not in
connection with the payment of out-pocket expenses from the first
account.
Description
[0001] This application is a continuation of U.S. application Ser.
No. 10/022,153 filed Dec. 14, 2001 which is a continuation of U.S.
application Ser. No. 08/898,377 filed Jul. 22, 1997, the entire
contents of which are hereby incorporated by reference.
FIELD OF THE INVENTION
[0002] This invention relates generally to a computerized method
and system for the payment of out-of-pocket costs, and more
specifically to such a computerized method and system in which a
law firm can pay out-of-pocket costs for a client.
BACKGROUND OF THE INVENTION
[0003] When a patent or trademark application is filed with a
patent or trademark agency, such as the United States Patent and
Trademark Office (USPTO), the filing is accompanied by a fee
payable to the patent or trademark agency. This fee covers the
agency's cost in reviewing and examining the filing. For example,
in the case where the filing is a patent application, the fee
covers the cost incurred by the agency in determining whether the
application should issue as a patent.
[0004] Typically, a law firm pays the patent and trademark fees
itself on behalf of its clients, and bills the fees as
disbursements, or asks for and receives from the clients a retainer
to use to pay the fees. Patent fees especially, however, have
continued to increase greatly in the past few years. For law firms
having a majority of clients that do not provide retainers, this
means that such law firms have had to increasingly advance a large
amount of their working capital as patent and trademark fees, which
might not be paid back from their clients for a number of months,
if ever.
[0005] In addition, the increasing popularity of Patent Cooperation
Treaty (PCT) international patent applications has also resulted in
law firms having to advance even more of their capital as patent
and trademark fees on behalf of their clients. In the past, most
international applications were filed directly in a desired foreign
country, or in the European Patent Office. A foreign associate was
thus responsible for the payment of any associated patent or
trademark fees. While the law firm would still have to pay the
foreign associate even if the client did not pay the law firm, this
practice allowed the law firm some time to collect the fees from
the client first, before paying the foreign associate. Thus, in
many cases, the firm did not have to resort to its capital to pay
for these expenses.
[0006] However, in the case of a PCT filing, a law firm must now
immediately advance filing fees that are usually on the order of
several thousands of dollars. These fees are paid out of the law
firm's own working capital. Because PCT applications have grown in
popularity, PCT application fees are a large cash flow burden on
patent and trademark law firms. Along with the increased fees for
patent and trademark filings in general, the popularity of PCT
applications have frequently strained the working capital of many
law firms.
[0007] Adding to this strain for United States patent and trademark
firms is a rule by the United States Internal Revenue Service (IRS)
that prohibits patent and trademark firms from deducting the
payment of USPTO and PCT fees from earnings as a business expense.
Instead, the payment of these fees is treated as a loan to a firm's
clients, and is not deductible. This rule has resulted in a fiscal
year-end tax and cash flow problem in itself for patent and
trademark law firms.
[0008] That is, the rule means that firms cannot retain earnings to
cover the capital advanced on behalf of their clients to the USPTO.
Because the firms still need to have capital on hand to cover the
patent and trademark fees, however, they are typically left with no
other option but to pay in more working capital, or to borrow the
money advanced for clients from a lending institution.
[0009] In addition, ethical considerations as codified in the rules
of ethics of most states' legal bars may prevent or restrict the
extent to which patent and trademark law firms can collect interest
on the advancement of these fees. The typical patent and trademark
law firm thus finds itself in a position in which it is forced to
loan capital to its clients interest-fee to pay for patent and
trademark fees advanced on behalf of the clients. As these fees
have substantially increased, and as PCT applications with their
high fees have grown in popularity, the typical law firm thus finds
itself resorting to ever-increasing bank loans to cover shortfalls
created by the advancement of these fees, increasing the firm's
internal cost of doing business.
[0010] Furthermore, this problem also extends to the payment of
fees for professional services of foreign associates. An American
law firm requires such foreign associates so that it may file
foreign patent and trademark applications on behalf of its clients
in other countries. Similar to fees paid to patent and trademark
agencies, foreign associate fees are billed to the law firm, which
then may be forced to pay them before it receives renumeration from
the clients with which the fees are associated. Thus, the typical
law firm also may find itself resorting to bank loans to cover
shortfalls created by advancement of foreign associate fees, in
addition to patent and trademark agency fees.
SUMMARY OF THE INVENTION
[0011] The above-mentioned shortcomings and needs are addressed
technologically by the present invention, which will be understood
by reading and studying the following specification.
[0012] According to at least one example embodiment of the
inventive subject matter herein, a law firm uses at least two
accounts, one of which is used at least in part to pay
out-of-pocket costs for clients. According to certain embodiments,
the law firm bills at least some of the law firm clients for costs
associated with using the one account to pay out-of-pocket costs
for the clients.
[0013] In different embodiments of the invention, computerized
methods and systems of varying scope are described. Still other and
further aspects, advantages and embodiments of the present
invention will become apparent by reference to the drawings and by
reading the following detailed description.
BRIEF DESCRIPTION OF THE DRAWINGS
[0014] FIG. 1(a) and FIG. 1(b) show a flowchart of a first
preferred computerized method of the invention;
[0015] FIG. 2(a) and FIG. 2(b) show a flowchart of a second
preferred computerized method of the invention;
[0016] FIG. 3 shows a flowchart of an alternative embodiment of the
first and the second preferred methods of the invention;
[0017] FIG. 4 shows a diagram of an exemplary system architecture
in which the preferred methods of the invention may be
practiced;
[0018] FIG. 5 shows a diagram of another exemplary system
architecture in which the preferred methods of the invention may be
practiced;
[0019] FIG. 6 shows a first exemplary hardware implementations of a
firm computer system of the present invention;
[0020] FIG. 7 shows a second exemplary hardware implementation of a
firm computer system of the present invention;
[0021] FIGS. 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 show screen
shots from an exemplary embodiment of the invention; and,
[0022] FIGS. 18, 19, 20, 21, 22 and 23 show forms and reports from
an exemplary embodiment of the invention.
[0023] FIGS. 24(a) through 24(k) are software listings according to
one embodiment of the invention.
DETAILED DESCRIPTION OF THE INVENTION
[0024] In the following detailed description of the preferred
embodiments, reference is made to the accompanying drawings which
form a part hereof, and in which is shown by way of illustration
specific preferred embodiments in which the invention may be
practiced. These embodiments are described in sufficient detail to
enable those skilled in the art to practice the invention, and it
is to be understood that other embodiments may be utilized and that
logical, mechanical and electrical changes may be made without
departing from the spirit and scope of the present invention. The
following detailed description is, therefore, not to be taken in a
limiting sense, and the scope of the present invention is defined
only be the appended claims.
[0025] This detailed description is divided into eight sections. In
the first section, a first preferred computerized method of the
invention is described. In this method, a law firm computer system
prints checks for the payment of patent and trademark fees on
behalf of its clients, the checks payable to a patent or patent and
trademark agency (such as the USPTO) and against a financial
account held by a separate financing organization. In the second
section, a second preferred computerized method of the invention is
described. In this second method, the law firm computer instead
issues an authorization code for the amount of a patent or
trademark fee to be debited against a deposit account held by the
separate financing organization with the patent or patent and
trademark agency. In the third section, an alternative embodiment
of both the first and second preferred computerized methods is
shown, in which the law firm computer system contacts the financing
organization's computer system before issuing each charge (i.e.,
before printing a check, or before issuing an authorization code),
so that the financing organization's computer system may approve
the charge before it is issued.
[0026] In the fourth section, an exemplary system architecture in
which the preferred methods of the invention may be practiced is
described. The exemplary system architecture includes three
computer systems: a firm computer system maintained by a firm such
as a law firm, a fee computer system maintained by an financing
organization separate from the firm, and an account computer system
maintained by either a patent or patent and trademark agency or a
financial institution. In the fifth section, exemplary hardware
implementations of the firm computer system of the present
invention are described. In one hardware implementation, the
workstation at which a charge for a requested trademark or patent
fee is issued is a stand-alone computer. In another hardware
implementation, the workstation is any computer within the firm
computer system. In the sixth section, other functionality provided
by alternative embodiments of the invention is described. This
functionality is additional to that described in the preceding five
sections of the invention. In the seventh section, a software
listing of a preferred embodiment is provided. Finally, in the
eighth section, a conclusion of the detailed description is
described.
[0027] A First Preferred Computerized Method of the Invention
[0028] Referring to FIG. 1(a) and FIG. 1(b), a first preferred
computerized method of the invention is shown. In the first
preferred computerized method, a law firm computer system prints
checks for the payment of patent and trademark fees on behalf of
its clients, the checks payable to a patent or patent and trademark
agency (such as the USPTO) and against a financial account held by
a separate financing organization. Thus, the law firm does not
advance its own funds on behalf of its clients to pay trademark and
patent fees.
[0029] In step 110, identification information regarding a
particular patent or trademark fee is entered into a workstation at
the law firm. This workstation may be a computer used only for this
purpose, or it may be any networked computer in the office also
used for other purposes (for example, a computer in an attorney or
paralegal's office that is also used for word processing, etc.).
The information entered into the workstation regarding the
particular fee preferably includes the amount of the fee, the payee
patent or patent and trademark agency of the fee (for example, the
USPTO, the European Patent Office (EPO), etc.), and the client and
matter number for which the fee is being requested. Other
information may also be included.
[0030] In step 112, a check is printed on a printer coupled to the
workstation. The printer may be a stand-alone printer especially
dedicated for the purpose of printing such checks. Alternatively,
the printer may be a network printer.
[0031] The printed check includes the current date, a check number,
the amount of the fee, and the payee patent or patent and trademark
agency of the fee. The check is mailed along with its associated
filing (for example, a patent application, or an office action
response) to the payee patent or patent and trademark agency. The
checks may be printed as they are requested, or they may be printed
as a batch job once during a predetermined period, such as once
daily, twice daily, etc.
[0032] In an alternative embodiment, the check requested at step
110 may not be printed until a requested period of time, in which
case it may be printed remotely, at the financing organization. For
example, for a foreign associate fee, such a fee may not be due for
a number of months, such as six months from the current date.
However, in step 110, a check request may be made that a check for
the fee be issued four months from the current date (two months
prior to the due date of the foreign associate fee). When the issue
date arrives, the check is printed remotely at the financing
organization, and mailed directly to the foreign associate, or
alternatively to the firm for mailing to the foreign associate.
Note that the invoicing of this charge, as invoicing is later
described in this section of the detailed description, may
nevertheless be performed immediately, such that the client pays
the firm for the foreign associate fee even before the financing
organization cuts a check to pay the foreign associate.
[0033] In step 114, the payee patent or patent and trademark agency
receives the check, and cashes it against a bank account maintained
by the separate financing organization with a banking or other
financial institution. Thus, the patent or trademark fee is
initiated at the law firm workstation (in step 110), but is
actually paid for by the separate financing organization. The law
firm does not advance fees from its own working capital.
[0034] The process of the entry of a check request in step 110 and
a check being printed and mailed in step 112 (for ultimate receipt
and cashing by the patent or patent and trademark agency in step
114) is repeated as needed within a first predetermined period,
such as a day. This is represented by step 116. If the end of the
day or other first predetermined period has not been reached, the
process reverts back to step 110. Thus, in a given day, a number of
checks may be requested, printed and mailed.
[0035] Once the end of the day or other first predetermined period
is reached, however, the process continues to step 118. In step
118, first information regarding the checks printed during that day
or other first predetermined period is electronically transmitted
to the financing organization's fee computer system. This may be
accomplished by a modem at the workstation communicating with a
modem at the fee computer system, or over the Internet, assuming
that both the workstation and the fee computer system are so
connected to the Internet. The invention is not limited to the
manner by which electronic transmission is effectuated. For
example, in another embodiment, the information is saved onto
magnetic media, such as a diskette, and physically moved from one
workstation to the fee computer system. The first information
preferably includes for each check the date of the check, the
amount of the check, the payee of the check, and the number of the
check. Other information may also be included.
[0036] In step 120, the financing organization deposits, preferably
electronically via the fee computer system, enough money in its
account to cover the amounts of the checks issued during that day
or other first predetermined period. Assuming a daily period, this
provides sufficient time for the financing organization to deposit
funds to cover the checks issued. For example, if on day one the
law firm issues nine checks totaling $10,000 in repeated steps 110
and 112, first information regarding the nine checks will be
uploaded to the financing organization's fee computer system in
step 118 at the end of day one, and the financing organization will
be able to deposit sufficient funds to cover the checks no later
than the beginning of day two. Even if the checks are mailed via
next-day mail to the patent or patent and trademark agency in step
112, by the time the patent or patent and trademark agency receives
and cashes the checks on day two in step 114, the funds will
already have been deposited by the financing organization into the
account in step 120.
[0037] In step 122, the workstation at the law firm generates, also
at the end of each day or other first predetermined period, for
each check an electronic fee invoice (a first invoice; note that
the different invoices described in selected sections of the
detailed description are numbered to clarify the particular invoice
being described, and to permit easy distinction among the different
particular invoices) and transmits it to the firm's accounting
system. A paper invoice (a second invoice) for verification
purposes is also generated--i.e., printed on a printer coupled to
the workstation. Each electronic (first) invoice preferably
includes the amount of the check, the date of the disbursement of
the check, the payee patent or patent and trademark agency of the
check, the check number, and the client and matter associated with
the check. While these second invoices, while described as being
daily, may in fact be generated at the end of each day, as has been
described, or at the same time as each check is printed.
[0038] Optionally, this invoice is printed with the check at step
112 on one part of a multi-part check; furthermore, optionally,
only the first or second invoice (not both) is generated. That is,
the daily (second) invoices are integrated into the check itself.
Thus, in a single printing the check is issued, along with a
separable check stub and invoice. The stub and invoice may be
separable via perforated paper, although the invention is not so
limited. The accounting system may be connected to the same
local-area or other network as is the workstation, or may be
directly connected to the workstation, etc. The invention is not so
limited.
[0039] The invoice may also be a peel-off receipt or carbon that is
obtained from each transmittal in conjunction with which a check
has been printed. These peel-off receipts or carbons can thus be
tracked, and can be used to manually enter in the invoice
information into the firm's accounting system and for ultimate
uploading to the financing organization. That is, the invention
also contemplates the manual entry and tabulation of individual
checks that are printed. Furthermore, an adhesive label may be
generated, to stick to the matter file in conjunction with which
the charge was advanced, such that the label serves as later proof
of authorization of a check.
[0040] Therefore, the invoice printed in step 122 may be separate
from the printed check, or may be part of the check form itself.
Having the invoice as part of the check itself is useful in that
the invoice may be a check "stub," which is easily removed from the
check. Thus, the check may remain with the invoice until just prior
to mailing, at which time the invoice is torn from the check.
Alternatively still, the check form may be have two copies of the
invoice, in the case of a three-part check.
[0041] The daily or other first predetermined period uploading of
first information regarding the checks issued in step 118, the
daily or other first predetermined period depositing of funds by
the financing organization to cover the checks issued in step 120,
and the daily or other first predetermined period generation of an
electronic (first) and paper (second) invoice by the workstation
and corresponding transmission to the firm's accounting system in
step 122, are repeated every day or other first predetermined
period until the end of the month or a second predetermined period
has been reached. This is represented by step 124. If the end of
the month or second predetermined period has not been reached, the
process again reverts back to step 110. Thus, in a given month,
each day a number of checks may be printed and sent to a patent or
patent and trademark agency, information regarding which is sent to
the financing organization's fee computer system, funds are
deposited to cover the checks, and (first and second) invoices
regarding which are generated.
[0042] While this activity is taking place, in step 126 the bank or
other financial institution with which the financing organization
is maintaining an account sends to the financing organization,
either electronically or on paper, a statement (for example, a
monthly or bi-weekly, or even daily statement), of all the activity
that occurred in that account (i.e., an external source to the
financing organization). The statement preferably includes second
information regarding each transaction or check, including the
check number, the date the check was presented for payment, the
date of the check, and the amount of the check.
[0043] If the statement is transmitted electronically from the
financial institution to the financing organization's fee computer
system (for example, via modem communication, or over the
Internet), then data regarding the second information is input
directly into the financing organization's fee computer system.
Otherwise, if the statement is delivered to the financing
organization in paper format, data regarding the second information
must be input manually into the financing organization's fee
computer system. This may be by utilizing an optical character
recognition (OCR) device, or having a data operator or similar
personnel typing in the second information as data into the fee
computer system on a computer keyboard.
[0044] In step 128, after the end of the month or other second
predetermined period has been reached in step 124, the financing
organization's computer system reconciles the first information
regarding the checks uploaded by the workstation at the firm, with
the second information inputted into the computer system. The
computer system verifies that the dates, payees, and amounts of the
checks as issued at the firm's workstation are consistent with the
dates, payees, and amounts of the checks as received from the
financial institution. If checks are issued at the workstation late
in the month, second information regarding them may not have been
received from the financial institution via the monthly statement,
since typically a few days must pass before a given check clears at
the institution. In such a situation, the fee computer system
ignores the check, and flags it for reconciliation for next
month.
[0045] If reconciliation is not achieved in step 130, then in step
132 the situation is examined manually, and errors are corrected as
they are found. That is, the financing organization's computer
system in step 130 will highlight to an account analyst or other
personnel that a discrepancy has been detected. The analyst will
then examine the records to determine, for example, if the law firm
is issuing fraudulent checks, if the financial institution has
committed an error, etc.
[0046] Once the first information regarding the checks for the
month or other second predetermined period have been reconciled
with the second information regard the checks, in step 134 a bill
is generated by the financing organization's fee computer system
and delivered to the law firm. The bill (i.e., a firm, or third,
invoice) is for those checks that were cleared by the financial
institution and included in the institution's statement in step 126
(that is, those checks that were not included in the statement in
step 126, but were nevertheless issued in step 112, are held until
the next month or other second predetermined period), plus a
service charge for each check. As represented in step 136, the bill
(third invoice) is preferably due in ninety days of receipt by the
law firm. Optionally, the bill (or statement) includes the daily
invoices that were previously generated, and does not require
reconciliation as has been described.
[0047] The service charge for each check is preferably variable,
depending on the amount of the check. For example, the service
charge may be a particular percentage of amount of the check, such
as eight percent, with a minimum service charge of twenty dollars.
The service charge is charged by the financing organization for
services rendered in conjunction with providing a loan to the
firm's clients for the checks covering patent and trademark fees to
patent agencies, and for the maintaining of deposit accounts and
the software and apparatus required to operate the system. The
service charge may be a flat fee, a flat fee plus a percentage of
the amount paid to the patent agency on behalf of a client, a fee
as looked up in the table (e.g., dependent on the amount paid to
the patent agency), etc.; the invention is not so limited.
[0048] In step 138, the firm generates and sends to each client an
invoice (fourth invoice) inclusive of the daily invoices (second or
first) generated in step 132. This (fourth) invoice (i.e., a client
invoice) may itself be included on a (fifth) invoice listing the
other fees chargeable to the client, or may be a separate invoice
to emphasize that the money being collected for the funds advanced
on behalf of the client are those of the financing organization,
and not the firm. The (fourth) invoice preferably lists for each
check the date of the check, the payee patent or patent and
trademark agency of the check, the amount of the check, the matter
in conjunction with which the check was issued, as well as the
service charge charged by the financing organization. The bill
generated in step 138 typically also includes the fee schedule by
which payment of the bill is governed, indicating what late
charges, discounts, etc., will be provided in accordance with
timely payment of the bill, or lack thereof. As represented in step
140, each client (fourth) invoice is preferably due in thirty days
from receipt of the invoice, but is more typically paid sixty to
ninety days from the date of the invoice.
[0049] Thus, for example, the firm in one embodiment of the
invention sends to each client an invoice including all the charges
and fees incurred for the client the previous billing period. These
charges and fees typically include legal fees (such as attorney and
paralegal fees), postage charges, photocopying charges, etc. In
this embodiment of the invention, this monthly invoice also
includes the charges extended on behalf of the client for the
payment of patent and trademark fees, and has been described. In
other words, the regular invoice the client receives includes all
charges, including patent and trademark fees; the charges extended
on behalf of the client are part of the regular invoice received by
the client.
[0050] However, in an alternative embodiment, a special invoice may
be generated and sent to a client for an unusually large patent or
trademark fee (i.e., a "jumbo" fee). A firm may wish to have such a
special invoice including a large fee so that it is sent to the
client immediately, and there is no delay until the end of the
regular billing period to send a regular invoice that might have
normally included the charge. This is because the firm may desire
to have the money for the fee paid sooner by the client, or may
desire to accentuate to the client the enormity of the fee. The
invention is not limited as to how charges included in special
invoices are determined; in one embodiment, an operator at the firm
(such as someone within the firm's accounting department) may
manually identify such charges, while in another embodiment, all
charges above a certain threshold are so earmarked for special
invoicing.
[0051] Because each client (fourth) invoice is due preferably in
thirty days, and the firm (third) invoice is due preferably in
ninety days, typically the law firm will receive payment from its
clients in step 142 to cover the firm (third) invoice before the
firm invoice is due to the financing organization. Therefore, the
firm will not have to use any of its own capital to cover the
patent and trademark fees advanced by the financing organization
for its clients. Insofar as the typical law firm's late-paying
clients represent only a fraction of its total client base, such a
law firm by utilizing the inventive computerized method will
significantly reduce the amount of working capital allotted towards
patent and trademark fees. Thus, in step 144, the firm sends
payment as collected from its clients in step 142 to the financing
organization in satisfaction of the (third) invoice sent to the law
firm in step 134. The (third) invoice is received at the financing
organization in step 146, ending the computerized method of FIG.
1(a) and FIG. 1(b).
[0052] Thus, there are three primary invoices or bills generated by
the invention: the individual invoices for the individual checks
generated at step 122 (either paper and/or electronic); the bill
sent by the financing organization to the firm in step 134, and the
bills sent by the firm to its clients in step 138. The bill sent by
the financing organization to the firm in step 134 includes the
information contained in the individual invoices generated at step
122; the individual invoices are generated for reconciliatory and
record keeping purposes primarily. The bill in step 134 sent to the
firm also includes the financing charges elicited by the financing
organization. The firm sends its clients bills in step 138 to
recoup the money loaned to the clients by the financing
organization, as the financing organization has billed the firm in
step 134.
[0053] Note, however, that the bills in step 138 sent by the firm
to its clients do not necessarily have to correspond to the amounts
listed in the bill sent from the financing organization to the
client in step 134. For example, the firm may decide as a business
decision to absorb some of the costs for a particular client,
matter, or fee. In this case, the bill listed in step 134 will have
a greater corresponding amount than that listed in a particular
bill in step 138. The invention provides for this capability.
[0054] In other words, the invention provides for the capability of
maintaining different discount or fee schedules for different
clients of the firm. For example, the financing organization may
charge a set service fee due at a given time, depending on the size
of the amount advanced on behalf of an associated client of the
firm. The firm, however, may decide that for certain clients it
will underwrite or absorb a portion of this fee as a matter of
course. Thus, the invention provides that the amount billed to a
given client of the firm will reflect the discount accorded to the
client, while the amount billed by the financing organization to
the firm will still reflect the full amount. The invention
therefore provides for different discount or fee
schedules--including but not limited to the date when a fee is due,
and the amount underwritten by the firm--for different clients.
[0055] A Second Preferred Computerized Method of the Invention
[0056] Referring next to FIG. 2(a) and FIG. 2(b), a second
preferred computerized method of the invention is shown. In the
second preferred computerized method, a law firm computer system
issues an authorization for the debit of patent and trademark fees
on behalf of its clients against a deposit or other account
maintained with the patent or patent and trademark agency (such as
the USPTO or EPO) by a separate financing organization. Like the
computerized method of FIG. 1(a) and FIG. 1(b), the law firm does
not advance its own funds on behalf of its clients. Unlike in FIG.
1(a) and FIG. 1(b), the payment is not made in the form of a check,
but rather is in the form of a debit to a deposit account
maintained by the separate financing organization with the patent
or patent and trademark agency. Each step of the method of FIG.
2(a) and FIG. 2(b), except for step 213, corresponds to and is
similar to a step of the method of FIG. 1(a) and FIG. 1(b) (step
210 corresponding to and similar to step 110, step 212 to step 112,
et seq.).
[0057] Therefore, insofar as a step in the method of FIG. 2(a) and
FIG. 2(b) performs a function as does its corresponding step in the
method of FIG. 1(a) and FIG. 1(b), reference should be made to the
discussion of the corresponding step for further understanding
thereof. For example, insofar as alternative and optional
embodiments and/or additional functionality are described in
reference to one or more steps of FIG. 1(a) and FIG. 1(b) that are
applicable to counterpart step or steps of FIG. 2(a) and FIG. 2(b),
such embodiments and functionality are also applicable to the
method of FIG. 2 (a) and FIG. 2(b). Those of ordinary skill within
the art will readily appreciate that the alternative and optional
embodiments and/or additional functionality described in reference
to the method of FIG. 1(a) and FIG. 1(b) are also applicable to the
method of FIG. 2(a) and FIG. 2(b), and that the scope of the
invention encompasses such alternative and optional embodiments
and/or additional functionality in relation to FIG. 2(a) and FIG.
2(b) as well.
[0058] Furthermore, insofar as alternative and optional embodiments
and/or additional functionality are described in reference to one
or more steps of FIG. 2(a) and FIG. 2(b) that are applicable to
counterpart step or steps of FIG. 1(a) and FIG. 1(b), such
embodiments and functionality are also applicable to the method of
FIG. 1(a) and FIG. 1(b). Those of ordinary skill within the art
will readily appreciate that the alternative and optional
embodiments and/or additional functionality described in reference
to the method of FIG. 2(a) and FIG. 2(b) are also applicable to the
method of FIG. 1(a) and FIG. 1(b), and that the scope of the
invention encompasses such alternative and optional embodiments
and/or additional functionality in relation to FIG. 1(a) and FIG.
1(b) as well.
[0059] In step 210, identification information regarding a
particular patent or trademark fee is entered into a workstation at
the law firm. This information includes the amount of the fee, the
payee patent or patent and trademark agency of the fee, and the
client and matter number or other code for which the fee is being
requested. Other information may also be included.
[0060] In step 212, an authorization for the debit of the fee from
a deposit account maintained by the separate financing organization
with the patent or patent and trademark agency is issued at the
workstation. For example, the Patent Cooperation Treaty Office
(PCTO) of a subscribing nation permits the establishment of a
deposit account, similar to a bank account, to which funds can be
deposited, and against which payment for fees can be made. The
deposit account is thus provided as a convenience by the PCTO of a
subscribing nation. The authorization authorizes a law firm to
debit funds from a deposit account.
[0061] In step 213, the filing associated with the authorization
for debit is mailed to the payee patent or patent and trademark
agency. Preferably but optionally, for each authorization
generated, the work station includes an authorization code, which
may be unique. The authorization code is preferably placed on
correspondence to the patent agency in a manner such that it is
reported back to the account holder in a deposit account report, so
that traceability of the authorization is provided for. For
example, the transmittal form may include instructions to the
deposit account operator to enter the code plus a file number into
the patent agency's system. Thus, this code may be included with
the transmittal requesting a debit from the deposit account.
[0062] As another example, the authorization code may be placed in
text near the deposit account authorization on the transmittal
form, with instructions to have this entered into the patent
agency's system by the operator in lieu of the file number. This
authorization code then acts as a serial number, to keep track of
each serial number issued against the deposit account (kept track
of from the perspective of the firm, the patent agency, and the
financing organization). The serial numbers may be automatically
generated when printing the transmittal, or obtained from a counter
computer program as known within the art. In addition, this serial
code may be a bar code.
[0063] In an alternative embodiment of the invention, the
authorization code is obtained from a separate authorization
terminal which can dial into the financing organization's computer
system. This separate authorization terminal may be similar to that
found in retail establishments for the approval of credit card
transactions. In another alternative embodiment of the invention,
calls can be received at the financing organization to obtain
authorization code via voice, such that the calls are answered by a
live operator, or handled by an automatic voice response system.
Such calls may originate from either within or without of the
firm.
[0064] These alternative embodiments are additional manners by
which the financing organization compiles the list of transmittals
submitted and fees requested or estimated at the firm, and by which
the financing organization may keep track of the type of
transaction in conjunction with which the transmittals are
submitted (e.g., via categories entered at the time of
authorization, such as new application, issue fee, amendment,
etc.). Thus, the alternative embodiments permit the financing
organization's system to automatically tabulate wire transfers (or
other transfers of funds to cover the charges) based on
authorization codes. In addition, the utilization of type of
transaction data can be used to estimate probable error rates for
deposit account authorizations (e.g., issue fees are typically not
often wrong, while filing fees are more prone to error, etc.).
Thus, this data can be used to keep track of statistics of average
errors on deposit account authorizations, to suggest an appropriate
safety balance that should be kept in the deposit account to
prevent overdrafting of the account.
[0065] In still another alternative embodiment, overdrafts may be
handled by using a back-up as a ready reserve to cover the
overdrafts. The firm may itself keep a deposit account to use as
such a back-up account. Alternatively, the financing organization
may maintain the deposit account.
[0066] In step 214, the payee patent or patent and trademark agency
receives the filing. The payee patent or patent and trademark
agency debits the deposit accounted maintained by the separate
financing organization with the patent or patent and trademark
agency for the amount of the fee. Preferably, the agency notes the
authorization code for the transaction in its records. The process
of the entry of a authorization request in step 210 and an
authorization being issued in step 212 and mailed in step 213 (for
ultimate receipt and debit by the patent or patent and trademark
agency in step 214) is repeated as needed within a first
predetermined period, such as a day. This is represented by step
216. If the end of the day or other first predetermined period has
not been reached, the process reverts back to step 210. Thus, in a
given day, a number of authorizations may be requested, issued, and
mailed.
[0067] Once the end of the day or other first predetermined period
is reached, the process continues to step 218. In step 218, first
information regarding the authorizations issued during that day or
other first predetermined period are electronically transmitted to
the financing organization's fee computer system. The first
information preferably includes for each authorization, the code
itself, the date on which the code was authorized, the amount of
debit for which the code was authorized, and the patent or patent
and trademark agency payee. Other information may also be included
(such as the serial number, as has been described). This generated
first information may thus be used to keep track of information,
and serve as a back-up to the financing organization's maintenance
of the same information. Moreover, the firm may use this
information to verify transfers to the account each day, etc.
Furthermore, this permits the invoice to automatically generate
invoices, other alternatively the financing organization may
communicate with the firm and verify fund transfers prior to the
firm uploading electronic invoices (as described later in this
section of the detailed description).
[0068] In step 220, the separate financing organization deposits,
preferably via wire transfer, enough money into its deposit account
to cover the amounts of the debits for which authorizations were
issued during that day or other first predetermined period.
Assuming a daily period, this provides sufficient time for the
financing organization to deposit funds to cover the debits. For
example, if on day one the law firm issues ten debits totaling
$5,000 in repeated steps 210 and 212, first information regarding
the debits will be uploaded to the financing organization's fee
computer system in step 218 at the end of day one, and the
financing organization will be able to deposit sufficient funds to
cover the debits no later than the beginning of day two. Even if
the filings including the transmittals containing the
authorizations for the debits are mailed via next-day mail to the
patent or patent and trademark agency in step 213, the patent or
patent and trademark agency will be able to debit the deposit
account no earlier than day two--the same day on which the funds
covering the debits were deposited by the financing organization in
step 220.
[0069] In step 222, the workstation at the law firm generates, also
at the end of each day or other first predetermined period, for
each charge an electronic fee (first) invoice and transmits it to
the firm's accounting system. A paper (second) invoice for
verification purposes is also generated. Each electronic (first)
invoice preferably includes the date of the issuance of the
authorization and code, the payee patent or patent and trademark
agency, the amount of the authorized debit, and the client and
matter associated with the check. While these second invoices,
while described as being daily, may in fact be generated at the end
of each day, as has been described, or at the same time as each
charge is issued.
[0070] The uploading of first information regarding the debits
authorized during that day or other first predetermined period in
step 218, the depositing of funds by the financing organization to
cover the debits authorized for that day or other predetermined in
step 220, and the generation of an electronic invoice (first
invoice) and paper invoice (second invoice) and transmission to the
firm's accounting system for that day or other first predetermined
period in step 222, are repeated every day or other first
predetermined period until the end of the month or a second
predetermined period has been reached. This is represented by step
226. If the end of the month or second predetermined period has not
been reached, the process again reverts back to step 210. Thus, in
a given month, each day a number of debits may be authorized,
information regarding which is sent to the financing organization's
fee computer systems, funds are deposited to cover the debits, and
(first and second) invoices regarding which are generated.
[0071] While this activity is taking place, in step 226 the patent
or patent and trademark agency sends to the financing organization,
either electronically or on paper, a statement of all the activity
that occurred in the deposit account (i.e., an external source to
the financing organization). The statement preferably includes
second information regarding each transaction (for example, each
debit or deposit), including the authorization of each debit, the
date of each transaction, and the amount of the transaction. This
second information is inputted into the financing organization's
fee computer system.
[0072] In step 228, after the end of the month or other second
predetermined period has been reached in steep 224, the financing
organization's computer system reconciles the first information
regarding the debits uploaded by the workstation at the firm, with
the second information inputted into the computer system.
Preferably reconciliation is performed by matching authorization
codes from the financing organization's computers with the agency's
records. The computer system verifies that the dates,
authorizations, and amounts of the debits as issued at the firm's
workstation are consistent with the second information as received
from the patent or patent and trademark agency.
[0073] If debits are issued at the workstation late in the month,
second information regarding them may not have been received from
the patent or patent and trademark agency via the monthly
statement, in which case the fee computer system ignores the debit,
and flags it for reconciliation for the next month. That is,
balancing (reconciliation) is only performed for those charges
actually debited by the patent and trademark agency during a
particular billing period. For example, a debit may be issued on
July 30, but not actually be redeemed by the agency until August 2.
In this case, the organization will receive a statement from the
agency that does not reference this debit, assuming that statements
are issued each calendar month. The organization will therefore
hold the debit on its books for reconciliation in the following
billing period.
[0074] If reconciliation is achieved in step 230, then in step 232
the situation is examined manually by financing organization
personnel, and errors are corrected as they are found. Once the
first information regarding the debits have been reconciled with
the second information regarding the debits, in step 234 a bill is
generated by the financing organization's fee computer system and
delivered to the law firm. The bill (i.e., a firm or third invoice)
is for those debits that were included in the patent or patent and
trademark agency's statement in step 226, plus a service charge for
each debit. As represented in step 236, the bill (third invoice) is
preferably due in ninety days of receipt by the law firm.
[0075] In step 238, the firm generates and sends to each client a
(fourth) invoice inclusive of the daily invoices generated in step
232. This (fourth) invoice (i.e., a client invoice) may itself by
included on a (fifth) invoice listing the other fees chargeable to
the client (for example, attorney's fees), or may be a separate
invoice. The (fourth) invoice preferably lists for each debit the
date of the debit, the authorization of the debit, the payee patent
or patent and trademark agency (that is, the patent or patent and
trademark agency maintaining the deposit account, the amount of the
debit, the matter in conjunction with which the debit was issued,
as well as the service charge. As represented in step 240, each
client (fourth) invoice is preferably due in thirty days from
receipt of the invoice.
[0076] Because each client invoice is due preferably in thirty
days, and the firm (third) invoice is due preferably in ninety
days, typically the law firm will receive payment from its clients
in step 242 to cover the firm (third) invoice before the firm
invoice is due to the financing organization. Therefore, the firm
will not have to use any of its own capital to cover the patent and
trademark fees advanced by the financing organization for its
clients. Thus, in step 244, the firm sends payment as collected
from its clients in step 242 to the financing organization in
satisfaction of the (third) invoice sent to the firm in step 234.
The (third) invoice is received at the financing organization in
step 246, ending the computerized method of FIG. 2(a) and FIG.
2(b).
[0077] An Alternative Embodiment of the First and the Second
Preferred Methods of the Invention
[0078] Referring to FIG. 3, an alternative embodiment of the first
and the second preferred methods of the invention is shown. In this
alternative embodiment, the law firm computer system contacts the
financing organization's computer system before issuing each charge
(i.e., before printing a check, or before issuing an
authorization), so that the financing organization's computer
system may approve the charge before it is issued. The alternative
embodiment of FIG. 3 replaces steps 110, 112 and 116 of the method
of FIG. 1(a) and FIG.1(b), and replaces steps 210, 212, 213 and 216
of the method of FIG. 2(a) and FIG. 2(b). Specifically, steps 310,
312 and 316 replace steps 110,112 and 116, respectively, and steps
310, 312, 313 and 316 replace steps 210, 212, 213 and 216,
respectively.
[0079] In step 310, information regarding a particular patent or
trademark fee is entered into a workstation at the law firm. The
information entered into the workstation regarding the particular
fee preferably includes the amount of the fee, the payee patent or
patent and trademark agency of the fee, and client and matter
number or other code for which the fee is being requested. Other
information may also be included.
[0080] In step 311, the workstation electronically contacts the
financing organization's fee computer system to receive approval
for the requested fee. This may be accomplished by a modem at the
workstation communicating with a modem at the fee computer system,
or over the Internet, assuming that both the workstation and the
fee computer system are so connected to the Internet. The invention
is not limited to the manner by which electronic communication is
effectuated. In step 311, the workstation also sends first
information regarding the requested fee. This first information
includes the date of the fee request, the amount of the fee
request, the payee of the fee, and the authorization (in the case
where the method of FIG. 3 is an alternative embodiment to the
method of FIG. 2(a) and FIG. 2(b)) or check number of the check (in
the case where the method of FIG. 3 is an alternative embodiment to
the method of FIG. 1(a) and FIG. 1(b)) to be issued once approval
is received from the financing organization's fee computer
system.
[0081] Once approval has been received in step 311, in step 312 the
workstation issues a check for the requested fee in the case where
the method of FIG. 3 is an alternative embodiment to the method of
FIG. 1(a) and FIG. 1(b), or issues an authorization for the
requested fee in the case where the method of FIG. 3 is an
alternative embodiment to the method of FIG. 2(a) and FIG. 2(b).
The check is printed on a printer coupled to the workstation and is
payable against an account maintained by the financing organization
with a financial institution such as bank. The authorization for
debit of the fee from a deposit account maintained by the financing
organization with the patent or patent and trademark agency.
[0082] The step of having the workstation receive electronic
approval for every fee ensures that the fee computer system of the
financing organization receives information regarding the debits or
checks issued by the workstation as they are issued, instead of
only at the end of the day (for example, in step 118 of FIG. 1(a)
and FIG. 1(b), or step 218 of FIG. 2(a) and FIG. 2(b)). This allows
the fee computer system to keep more timely track of the debits and
checks issued at the workstation. This is advantageous because the
financing organization is able to more closely monitor the firm to
ensure that no fraud is occurring, and it is able to more timely
learn the amount of the deposit that will be required in the
account to cover the debits or checks.
[0083] From step 312, the alternative embodiment of FIG. 3 proceeds
to step 120 of FIG. 1(a) and FIG. 1(b) or step 220 of FIG. 2(a) and
FIG. 2(b), in which step the financing organization deposits
sufficient funds to cover the debits or checks issued at the
workstation. The deposit may be made as debits or checks are
requested at the workstation, or may be made on at the end of each
day or other first predetermined period. Also from step 312, the
alternative embodiment of FIG. 3 proceeds to step 313. In step 313,
the filing, including a transmittal with the authorization for the
debit of the requested fee or the check for the requested fee, is
sent to the patent or patent and trademark agency. From step 313,
the alternative embodiment of FIG. 3 proceeds to step 114 of FIG.
1(a) and FIG. 1(b) or step 214 of FIG. 2(a) and FIG. 2(b), in which
step the patent or patent and trademark agency receives the filing
and cashes the check against the account maintained by the
financing organization with a financial institution or debits the
deposit account maintained by the financing organization.
[0084] The process of the entry of a fee request in step 310, the
workstation electronically contacting the fee computer system in
step 311, the workstation issuing the check or authorization in
step 312, and the filing including the check or a transmittal with
the authorization being mailed to the patent or patent and
trademark agency in step 313 is repeated as necessary within a
first predetermined period, such as a day. This is represented in
step 316. If the end of the day or other first predetermined period
has not been reached, the process reverts back to step 310. Thus,
in a given day, a number of fees may be requested, approved,
issued, and mailed. Once the end of the day or other first
predetermined period is reached, the process continues to step 122
of FIG. 1(a) and FIG. 1(b) or step 222 of FIG. 2(a) and FIG. 2(b),
in which step an invoice is generated. The alternative embodiment
of FIG. 3 ends by continuing with the methods as shown in and
described in conjunction with FIG. 1(a) and FIG. 1(b) or FIG. 2(a)
and FIG. 2(b).
[0085] Exemplary System Architecture of the Present Invention
[0086] Referring to FIG. 4, a diagram of an exemplary system
architecture in which the preferred methods of the invention may be
practiced is shown. The exemplary system architecture includes
three computer systems: a firm computer system 410 maintained by a
firm such as a law firm, such as a networked computer system, a fee
computer system 412 maintained by a financing organization separate
from the firm (i.e., a first organization), and an account computer
system 414 maintained by either a patent or patent and trademark
agency or a financial institution (i.e., a second organization).
The systems 410, 412 and 414 are preferably physically separate
from one another, and communicate with one another electronically
as is described.
[0087] The firm computer system 410 includes first computer
subsystem 416 and second computer subsystem 418. First computer
subsystem 416 includes the workstation described in conjunction
with the preferred embodiments of the invention of FIG. 1(a), FIG.
1(b), FIG. 2(a), and FIG. 2(b), at which the requested trademark or
patent fee is input and stored, and at which the charge for the
requested fee (a check or an authorization and code for a debit) is
issued. Second computer subsystem 418 includes the firm's
accounting system as described in conjunction with the preferred
embodiments of the invention of FIG. 1(a), FIG. 1(b), FIG. 2(a),
and FIG. 2 (b).
[0088] Thus, computer system 410 includes preferably a check
printer and software in accordance with the methods of the
invention as have been described. The software preferably allows
entry of a file number for the check or charge to be issued. After
the check has been printed, the software is updated to reflect that
the check has been issued. In an alternative embodiment, the file
number is also printed on the check. Checks may be preprinted to
the Patent and Trademark Office (PTO) of the United States, the
European Patent Office (EPO), or a PCT office (either U.S. or
European); the invention is not so limited. The software may also
be allowed to only print checks with PTO, EPO or a PCT office as
the payee of the check. The check printer preferably "signs" the
checks with a special magnetic ink. The software also preferably
prevents the law firm from overdrawing a preset credit limit
authorization.
[0089] As represented by arrow 420, first computer subsystem 416
communicates electronically with fee computer system 412. Computer
subsystem 416 communicates with fee computer system 412 to provide
the first information regarding a charge for a requested fee
entered at computer subsystem 416, such as the date of the charge,
the amount of the charge, the payee patent or patent and trademark
agency of the charge, etc., on a daily basis or at the end of
another first predetermined period. Computer subsystem 416 also
communicates with fee computer system 412 in the alternative
embodiment to request approval for a charge before the charge is
issued.
[0090] Fee computer system 412 preferably has software to download
data from firm computer system 410 at the law firm and generate an
invoice requiring from the firm a payment in a predetermined
period. Preferably, fee computer system 412 also generates reports
showing checks and charges issued, as sorted by client. In an
alternative embodiment, the software provides output to disk that
can be uploaded to a law firm accounting system (such as second
computer subsystem 418 of firm computer system 410), or
electronically uploads the invoices directly into computer
subsystem 418. Fee computer system 412 also preferably has software
to upload daily account data to firm computer system 410 to
indicate to system 410 how much credit is available to the
firm.
[0091] The software of fee computer system 412 also preferably
keeps track of deposit accounts or other accounts, and can receive
from firm computer system 410 preferably via an electronic upload
data showing what the firm authorized for deposit the previous day.
The software preferably generates a report showing what needs to be
transferred into the deposit account, or electronically links to a
financial institution requesting a wire transfer of sufficient
funds. The software also preferably includes records of daily
balances in its account as received from a patent agency such as
the United States Patent and Trademark Office, and reconciles this
balance with its own expected balance. The software is preferably
able to track multiple deposit accounts with a given patent agency
or numerous patent agency. When uploading data to second computer
subsystem 418 of firm computer system 410, fee computer system 412
first reformats the data to ensure that it is compatible with
subsystem 418. The software of fee computer system 412 tracks
credit limits, collection of invoices, and maintains balances, as
has been described.
[0092] As represented by arrow 422, first computer subsystem 416
also communicates electronically with second computer subsystem
418, to provide second computer subsystem 418 with an electronic
fee invoice of the charges issued by the first computer subsystem
416. Preferably, the transmission of electronic invoices from first
computer subsystem 416 to second computer subsystem 418 is
accomplished on a daily basis, but may also be accomplished at the
end of an alternative first predetermined period as well.
[0093] Arrow 424 represents the delivery of the charge from first
computer subsystem 416 to patent or patent and trademark agency
426. Patent or patent and trademark agency 426 is an agency such as
the USPTO, EPO, PCTO, etc. The delivery of the charge is typically
performed via next-day mail. The patent or patent and trademark
agency thus receives the charge as either a transmittal including
an authorization and optionally a debit for debit from a deposit
account maintained by the financing organization maintaining fee
computer system 412 with patent or patent and trademark agency 426,
or as a check payable against an account maintained by the
financing organization maintaining fee computer system 412 with a
financial institution such as a bank.
[0094] Arrow 428 represents the debit for the fee or the cashing of
the check for the fee by patent or patent and trademark agency 426
from account 430, as electronically maintained within account
computer system 414 (i.e., data stored within system 414
representing account 430). In the case where arrow 428 represents
the debit for the requested patent or trademark fee, account 430 is
a deposit account maintained by the financing organization
maintaining fee computer system 412, and account computer system
414 is itself ultimately maintained by patent or patent and
trademark agency 426. In the case where arrow 428 represents the
cashing of the check for the requested patent or trademark fee,
account 430 is an account maintained by the financing organization
maintaining fee computer system 412 with a financial institution,
and account computer system 414 is maintained by the financial
institution.
[0095] Arrow 432 represents the flow of information and funds
between the financing organization as represented by the financing
organization's fee computer system 412, and the financial
institution or patent or patent and trademark agency 426 as
represented by the account computer system 414. As first computer
subsystem 416 provides fee computer system 412 first information
regarding the charge issued at first computer subsystem 416
(represented by arrow 420), the financing organization transfer
funds to account 430 maintained by account computer system 414 to
cover the charges. Thus, arrow 432 first represents the flow of
money from the financing organization to patent or patent and
trademark agency 426 or the financial institution maintaining
account computer system 414. Preferably, the transfer of funds is
initiated by fee computer system 412 such that no human involvement
is necessary. The transfer of funds may be accomplished by a wire
transfer, or other manner; the invention is not so limited. As
described in conjunction with the preferred methods of the
invention, the depositing of funds is preferably accomplished on a
daily basis, but may also be accomplished at the end of a different
first predetermined period as well, or as each charge is
requested.
[0096] Furthermore, at the end of every month or other second
predetermined period, account computer system 414 delivers to the
financing organization a statement of the transactions made to
account 430 during that month or other second predetermined period.
The statement delivery may be accomplished electronically, directly
from account computer system 414 to fee computer system 412, in an
electronic format readable by system 412. Alternatively, the
statement may be printed on paper by account computer system 414,
mailed to the financing organization maintaining fee computer
system 412, and input into computer system 412. Thus, arrow 432
represents the delivery of the statement from patent or patent and
trademark agency 426 or the financial institution maintaining
account computer system 414 to the financing organization
maintaining fee computer system 412. The statement includes second
information regarding the charges, such as the authorization (and
optionally authorization code) or check number, the date the charge
was paid or debited, the date the charge was requested, the amount
of the charge, etc.
[0097] Both fee computer system 412 and account computer system 414
are typical computer systems including one or more processors,
memory, such as read-only memory (ROM) and random-access memory
(RAM), one or more storage devices, such as hard disk drives (HDD),
floppy disk drives (FDD), optical drives, and tape-cartridge
drives, one or more input devices, such as optical character
recognition devices (OCR), keyboards, and mouses, and one or more
output devices, such as laser and ink jet printers, and display
monitors.
[0098] In addition, because the systems preferably require
electronic communication with each other and, in the case of fee
computer system 412, with firm computer system 410 as well, each
also includes such as means for electronic communication. This may
include a modem or other communication device for communicating
over a preexisting communications network such as a public
telephone switched network (PTSN) or an integrated services digital
network (ISDN), or a connection to the Internet. It is noted that
the hardware implementation of firm computer system 410 is
described in the next section.
[0099] Finally, arrow 434 represents communication between second
computer subsystem 418 of firm computer system 410 and fee computer
system 412 maintained by the financing organization. This
communication includes the delivery of the firm invoice for the
fees paid on behalf of the firm's clients by the financing
organization, from the financing organization to the firm. The
delivery may be electronic, such that the invoice is directly
transmitted from fee computer system 412 to second computer
subsystem 418. Alternatively, the invoice may be a paper invoice,
mailed from the financing organization to the firm, which inputs it
into second computer subsystem 418 via keyboard entry or optical
character recognition (OCR). The delivery of the invoice by the
financing organization is performed after fee computer system 412
has reconciled the second information regarding the charges
received from patent or patent and trademark agency 426 or the
financial institution maintaining account computer system 414 with
the first information regarding the charges received from first
computer subsystem 416.
[0100] Second computer subsystem 418 also generates a client
invoice including the fee invoices generated at first computer
subsystem 416, for delivery to the client. The client invoice
correspond to the firm invoice such that payment by the client to
the firm for the firm invoice is used as payment by the firm to the
financing organization for the firm invoice. That is, once the firm
receives payment for the client invoice, it is able to pay the firm
invoice delivered to it by the financing organization.
[0101] Arrows 420 and 434 may both indicate electronic
communication between firm computer system 410 and fee computer
system 412. The arrows are indicated separately in FIG. 4 to show
that each arrow represents the transmission of different data to a
different computer subsystem of computer system 412. However, the
arrows do not necessarily indicate that separate communications
modes are used to transmit the information as represented by arrow
420 and as represented by arrow 434. That is, first computer
subsystem 416 when communicating as represented by arrow 420, and
second computer subsystem 418 when communicating as represented by
arrow 434, may nevertheless utilize the same modem, or the same
Internet connection, of firm computer system 410. Alternatively,
each computer subsystem may utilize different modems, or different
Internet connections.
[0102] The system architecture of FIG. 4 performs the preferred
methods of the invention as follows. A charge for a requested
trademark or patent fee, such as a check or an authorization for a
debit from a deposit account, is requested at first computer
subsystem 416. First computer subsystem 416 issues the charge,
which is then delivered to patent or patent and trademark agency
426 as represented by arrow 424. On preferably a daily basis, first
computer subsystem 416 sends an electronic invoice of the day's
charges to second computer subsystem 418, as represented by arrow
422. Also on preferably a daily basis, first computer subsystem 416
seconds first information regarding the day's charges to fee
computer system 412. Fee computer system 412 then specifies or
effects the depositing of sufficient funds into account 430 to
cover the charges, as represented by arrow 432. Patent or patent
and trademark agency 426, upon receiving the charge as represented
by arrow 424, cashes the check against account 430, or debits
account 430, as represented by arrow 428.
[0103] On preferably a monthly basis, patent or patent and
trademark agency 426 or the financial institution maintaining
account computer system 414 sends a statement regarding that
month's transactions made to account 430 to the financing
organization maintaining computer system 412, as also represented
by arrow 432. Fee computer system 412 reconciles the second
information within the statement with the first information
previously received from firm system 410, and finally sends an
invoice to the firm for the month's charges, as represented by
arrow 434. Second computer subsystem 418 generates a client
invoice, which includes the fee invoices generated by first
computer subsystem 416, and which is delivered to the client. The
client's payment of this invoice is then used by the firm to pay
the firm invoice, the client invoice corresponding to the firm
invoice.
[0104] As has been described in conjunction with and shown in FIG.
4, the fee computer system of the financing organization interacts
with one firm and one patent or patent and trademark agency. The
limitation to one firm and one patent or patent and trademark
agency in FIG. 4 is for purposes of clarity only, however. The
invention is not so limited. Referring now to FIG. 5, a diagram of
an exemplary system architecture in which the fee computer system
of a financing organization handles multiple firms and patent and
trademark agencies is shown. Fee computer system 412 thus receives
first information from and sends firm invoices to a number of firms
each maintaining a firm computer system 410. Each firm is able to
send a patent or trademark filing including a charge to any of a
number of patent agencies 426. Each of the patent agencies 426 is
able to cash checks against one of a number of accounts 430, or to
debit one of a number of accounts 430. Finally, the financing
organization is able to transfer funds to any of the accounts
430.
[0105] In other words, the fee computer system of the financing
organization is able to handle the advancement of fees on behalf of
the clients of more than one law firm, for payment to more than one
patent or patent and trademark agency. Each law firm 410, for
example, may correspond with a number of different patent agencies
426, such as the USPTO, the EPO, a PCTO, etc. The financing
organization may have a specific account 430 for each firm 410, or
it may have a specific account 430 for each agency 426, or it may
have only account 430. That is, the manner in which the financing
organization maintains one or more accounts 430 to accommodate the
advancement of fees on behalf of the clients of more than one firm
410 is not limited by the present invention.
[0106] An exemplary system architecture in which the preferred
methods of the invention may be practiced has been described. The
exemplary system architecture has been shown in detail in
conjunction with one firm and one patent or patent and trademark
agency in FIG. 4. The exemplary system architecture has been shown
in conjunction with more than one firm and more than one patent or
patent and trademark agency in FIG. 5.
[0107] Exemplary Hardware Implementations of the Firm Computer
System of the Present Invention
[0108] Referring to FIG. 6 and FIG. 7, two exemplary hardware
implementations of the firm computer system of the present
invention are shown. In the hardware implementation of FIG. 6, the
workstation at which a charge for a requested trademark or patent
fee is issued is a stand-alone computer. In the hardware
implementation of FIG. 7, the workstation is any computer within
the firm computer system. It is noted that the hardware
implementations shown in FIG. 6 and FIG. 7 are exemplary, and the
invention is not so limited to either hardware implementation.
[0109] Referring specifically to FIG. 6, the firm computer system
includes a local-area network (LAN) having a server 610 coupling
together a plurality of computers 612. The network may be any type
of network, such as an Ethernet network, a token-ring network, etc.
Each of the server 610 and computers 612 includes a processor (such
as an Intel Pentium processor), random-access memory (such as
thirty-two megabytes of memory), read-only memory, one or more
storage devices (such as a hard disk drive (HDD), a floppy disk
drive (FDD), a tape cartridge drive, and an optical drive), one or
more input devices (such as a keyboard, a mouse, and a scanner),
and one or more output devices (such as a printer, and a display
monitor). Each of the server 610 and computers 612 runs an
operating system, such as a version of Microsoft Windows. The
primary difference between server 610 and computers 612 is that
typically server 610 is more powerful, to handle the demands of the
network.
[0110] Workstation 614 is also a computer similar to computers 612.
Workstation 614 is the workstation as has been described in
conjunction with the preferred embodiments, at which charges are
requested and issued. Workstation 614 is comprised within the first
computer subsystem of the exemplary system architectures, as has
been described. Workstation 614 may not be attached to server 610
like computers 612 for security reasons. That is, in a large firm
environment having a number of computers 612, it may be desirable
to have a separate workstation 614 so that firm personnel are
forced to enter in their charge requests on a separate machine,
such that the workstation 614 may be monitored by a specific firm
personnel (such as an accountant, etc.).
[0111] In an alternative embodiment, charge requests may be
generated at any of computers 612, but the requests are pooled at
workstation 614, so that the accounting department of the firm may
monitor the charges that have been requested, and finalize or
approve their issuance. In this embodiment, security is maintained
because no charges are issued until a central authority approves
them, but convenience is provided for by permitting any user of the
law firm to request a charge without having to leave a particular
computer 612. Workstation 614 may itself be physically located in
the firm's accounting department, the firm's docketing department,
the firm's mail room, etc.
[0112] Workstation 614 is specifically shown in FIG. 6 as coupled
to printer 616. Printer 616 may be a laser printer or an ink jet
printer. In one embodiment of the invention, printer 616 is
utilized to print checks for the requested patent and trademark
fees. The checks may be printed on blank check printing stock, for
ease of use and maintenance, using a special magnetic ink installed
in printer 616. Such magnetic ink is commercially available.
Alternatively, the checks may be preprinted as payable to a
particular patent or patent and trademark agency, and the printer
only prints the date, number, and amount of the fee on the
check.
[0113] Workstation 614 is also specifically shown in FIG. 6 as
coupled to modem 618. The invention is not limited to any
particular modem 618, but in one embodiment modem 618 communicates
at 28,800 baud over a PTSN, and in another embodiment communicates
at 56,000 baud over an ISDN, as known within the art. Modem 618 is
utilized by workstation 614 to communicate with the fee computer
system, which would also have a modem communicatively compatible
with modem 618.
[0114] Workstation 614 is also coupled to accounting system 620.
Accounting system 620 is the accounting system as has been
described in conjunction with the preferred methods that receives
electronic invoices from workstation 614. Accounting system 620 is
comprised within the second computer subsystem of the firm computer
system as has been described in conjunction with the exemplary
system architectures. Accounting system 620 is also a computer of a
type such as computers 612 are. As shown, accounting system 620 is
directly connected to workstation 614; however, it may also be
connected to workstation 614 through server 610. Accounting system
620 is preferably connected to server 610, although this is not
required. If for security reasons such connection is not desirable,
then accounting system 620 need not connect to server 610.
[0115] As shown in FIG. 6, accounting system 620 is coupled to
modem 622. The invention is not limited to any particular modem
622, but in one embodiment modem 622 communicates at 28,800 baud
over a PTSN, and at 56,000 baud over an ISDN in another embodiment,
as known within the art. Modem 622 is utilized by accounting system
620 to communicate with the fee computer system, which would also
have a modem communicatively compatible with modem 622. Although as
shown in FIG. 6, each of workstation 614 and accounting system 620
has a separate modem, in one embodiment, both share a single modem
to communication with the fee computer system of the financing
organization.
[0116] Referring next to FIG. 7, another exemplary hardware
implementation of the firm computer system is shown. Like the firm
computer system of FIG. 6, the firm computer system of FIG. 7
includes a server 610, a plurality of computers 612, a printer 616,
and an accounting system 620. However, the firm computer system of
FIG. 7 does not include a dedicated workstation 614. Rather, each
of computers 612 includes functionality to serve as workstation
614. That is, each of computers 612 is amenable to input of a
requested charge for a patent or trademark fee, which is then
issued by the particular computer 612 and printed on printer 616 as
has been described. This hardware implementation is desirable in
small firms not having a large number of computers 612, and thus
not having the security issues that may be present in large firms
have a large number of computers 612.
[0117] In addition, communication between the firm computer system
and the fee computer system of the financing organization in FIG. 7
is accomplished over the Internet, as opposed to direct
modem-to-modem communication as in FIG. 6. Specifically, server 610
has a connection to the Internet 712, to which the fee computer
system of the financing organization also has a connection. The
invention is not limited to the manner by which the server or the
fee computer system is connected to the Internet.
[0118] Two exemplary hardware implementations have been described.
It is noted that the invention is not so limited to either hardware
implementation. For example, the basic hardware implementation of
FIG. 6, but with Internet communication to the fee computer system
of the financing organization, is also amenable under the
invention. For further example, the basic hardware implementation
of FIG. 7, but with direct modem-to-modem communication with the
fee computer system of the financing organization, is amenable
under the invention as well.
[0119] Additional Functionality Provided by Alternative
Embodiments
[0120] The preferred methods, exemplary system architecture, and
exemplary hardware implementation of the present invention have
been described. Specifically, a computerized method and system in
which a patent or trademark fee for a client of a firm is charged
against an account maintained by a financing organization separate
from the firm has been described. It is contemplated that other
functionality is provided by alternative embodiments of the
invention.
[0121] In a first alternative embodiment of the invention, the firm
personnel entering in the charge request at the workstation is able
to flag that the requested charge should be payable against the
firm's own account (either a deposit account, or by printing check
cashable against the firm's account with a financial institution).
This is desirable where the firm wants to finance the fee itself or
believes for whatever reason that the client for which the fee is
being advanced will not be able to repay the fee. In this
situation, the firm desires to pay the fee itself so that it will
not also have to also pay the service charge exacted by the
financing organization in paying the fee on behalf of the
client.
[0122] Furthermore, when the firm's own deposit account is
utilized, in a second alternative embodiment of the invention, the
client's fees are still financed by the financing organization,
such that the financing organization deposits funds into the firm's
own deposit account, and then exact a service charge against the
client as before.
[0123] In a third alternative embodiment of the invention, the fee
computer system of the financing organization downloads on a
monthly basis, or at the end of a second predetermined period, the
firm's monthly billing records, to ensure that the charges for the
patent and trademark fees, along with their corresponding service
charges, were properly billed to the firm's clients. This is
desirable as a further measure to prevent fraud on the financing
organization, and also as a service to the law firm that it is
billing its clients correctly.
[0124] In a fourth alternative embodiment of the invention, the
clients are billed a service charge for patent and trademark fees
advanced on their behalf to a patent or patent and trademark agency
according to their classification, the particular scheme of which
is not limited by the invention. For example, larger or otherwise
more creditworthy clients may be charged less of a service charge
than smaller or otherwise less creditworthy clients for the same
patent or trademark fee advanced on their behalf.
[0125] In a fifth alternative embodiment, the firm personnel
inputting a requested charge for a patent or trademark fee may
divide how the fee is to be paid. For example, an extension fee is
occasionally paid for by the firm, not the client whose matter the
fee relates to. In such instance, the firm personnel may specify
that the extension fee is to debited from the firm's deposit
account, or paid for by a check cashable against the firm's
financial account, whereas any other fees are to be advanced by the
financing organization separate from the firm, as has been
described herein. For further example, additional fees may be
charged to a second deposit account, to segregate errors from
authorizations, and assuring payment of issue fees and other
fees.
[0126] In a sixth alternative embodiment, the patent and trademark
fee payment system and method described in previous sections of the
detailed description is modified to submit payment to a foreign
firm associated with the law firm, instead of to a patent agency.
However, because payment terms to such foreign firms do not
typically require immediate payment, in such an alternative
embodiment, the payment to the foreign firm is submitted after a
predetermined period following the request. In other aspects,
however, this embodiment of the invention operates as has been
described in previous sections of the detailed description. The
term agency as used in this application, therefore, is meant to
cover such foreign associate firms, as well as other firms and
entities, in addition to patent and patent or trademark agencies
such as the USPTO, the EPO, etc.
[0127] As an example of this embodiment, a law firm may request
payment on June 1 for a foreign associate invoice. The financing
organization would issue an authorization and commit to pay this
invoice on October 30, with payment due December 30. On October 30,
the system will generate a check to pay the invoice. However, the
law firm may immediately invoice its client in June for the law
firm's obligation to repay the financing organization on December
30. Therefore, the firm will receive payment from its client for
the foreign associate invoice even prior to the finance
organization issuing a charge for the foreign associate fees, which
is beneficial to the firm.
[0128] In a seventh alternative embodiment, the invention provides
for the capability of tracking retainer balances for the clients of
a firm. Therefore, when a charge request is made, the request can
denote whether the charge should be made as has been described
(i.e., advanced by a financing organization, etc.), or whether the
charge should be paid from the retainer balance, and the retainer
balance decreased accordingly. In such an embodiment, the printing
of a check may be performed a printer separate from the printer
used to print checks payable against an account maintained by the
financing organization, although the invention is not necessarily
so limited.
[0129] In an eighth alternative embodiment, the invention enables
firm personnel to receive an authorization for a charge, and then
afterwards (such as one or two days after receiving the
authorization and mailing the associated transmittal) request that
the system print a check payable to a patent agency to deposit
funds to cover the charge. For example, a firm personnel on a first
day may receive an authorization code for a debit of the deposit
account for the filing fee associated with a patent application to
the United States Patent and Trademark Office. On the next day,
this debit would be flagged by the system and called to the
attention OF firm personnel who could then request that the system
print a check payable to a deposit account with the patent agency
to cover the debit. The deposit account may be the financing
organization's or the firm's; furthermore, the check may be payable
against a financial account maintained by either the financing
organization or the firm. The invention is not so limited.
[0130] Software Listing
[0131] The following software listing illustrated in FIG. 24 of a
preferred embodiment of the invention, as will be appreciated by
understood by those of ordinary skill in the art. The software
listing is written in Microsoft Fox Pro. In addition, FIGS. 8,
9,10,11,12, 13,14, 15,16 and 17 show screen shots from an exemplary
embodiment of the invention, while FIGS. 18,19, 20, 21, 22 and 23
show forms and reports from an exemplary embodiment of the
invention.
[0132] Conclusion
[0133] A computerized method and system in which a patent or
trademark fee for a client of a firm is charged against an account
maintained by a financing organization separate from the firm has
been described. In particular, preferred methods, exemplary system
architectures, and exemplary hardware implementations of the
present invention have been described.
[0134] It is noted that as various computer systems have been
described in relation to first information, second information,
accounts, etc., it is assumed in such description that the computer
systems do not directly manipulate the first information, second
information, accounts, etc., but rather manipulate data
representing the first information, second information, accounts,
etc., as those of ordinary skill within the art will
appreciate.
[0135] Furthermore, although specific embodiments have been
illustrated and described, it will be appreciated by those of
ordinary skill in the art that any arrangement which is calculated
to achieve the same purpose may be substituted for the specific
embodiments shown. This application is intended to cover any
adaptations or variations of the present invention. Therefore, it
is manifestly intended that this invention be limited only by the
following claims and equivalents thereof.
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