This is the fifth time the survey has been conducted online. The ..... PTO Examiner/Admin/Mgmt. 1.8% ..... Medical/Healt
2015 Report of the Economic Survey Prepared Under Direction of Law Practice Management Committee
American Intellectual Property Law Association 241 18th Street South, Suite 700 Arlington, Virginia 22202 www.aipla.org
Report of the Economic Survey 2015 Prepared Under Direction of the American Intellectual Property Law Association Law Practice Management Committee Richard W. Goldstein, Chair Donika P. Pentcheva, Vice Chair June 2015 Prepared by:
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AIPLA Law Practice Management 2015 Economic Survey Participants We would like to thank those who helped put together and review this year’s AIPLA Economic Survey: Richard Goldstein: Goldstein Patent Law – Chair of LPM Committee Donika Pentcheva: Westman, Champlin & Koeher – Vice Chair of LPM Committee David A. Divine: Lee & Hayes – Chair of Economic Survey Subcommittee
Ashraf Abdul-Mohsen: ARI
Kevin Kirsch: Baker Hostetler
Rhonda Bogart: Lee & Hayes
Douglas Nemec: Skadden, Arps,
Meghan Donohoe: AIPLA
Slate, Meagher & Flom LLP
Jennifer Jedra: Myers Wolin
John Shumaker: Lee & Hayes
Megan Kirkegaard: ARI
©2015 AMERICAN INTELLECTUAL PROPERTY LAW ASSOCIATION ALL RIGHTS RESERVED. NO PART OF THIS BOOK MAY BE REPRODUCED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, ELECTRONIC OR MECHANICAL, INCLUDING PHOTOCOPYING, RECORDING, OR BY AN INFORMATION STORAGE AND RETRIEVAL SYSTEM, WITHOUT PERMISSION IN WRITING FROM THE PUBLISHER. COPIES OF THIS REPORT ARE AVAILABLE FROM AIPLA AT A COST OF $45 PER COPY FOR MEMBERS AND $495 PER COPY FOR NON-MEMBERS.
AMERICAN INTELLECTUAL PROPERTY LAW ASSOCIATION 241 18TH STREET, SOUTH, SUITE 700 ARLINGTON VA 22202-3694 (703) 415-0780 WWW.AIPLA.ORG
Table of Contents INTRODUCTION ............................................................................................................................. 1 DATA COLLECTION ......................................................................................................................... 1 CHANGES TO THE SURVEY .............................................................................................................. 1 DESCRIPTION OF STATISTICS AND FORMATTING CONVENTIONS .................................................... 2 RESPONDENT BACKGROUND ......................................................................................................... 5 IP BUDGET FOR CORPORATE PRACTITIONERS ................................................................................ 7 INCOME RECEIVED IN 2014 AND PROJECTED FOR 2015, BILLING RATES, AND BILLABLE HOURS ............................................................................................................................ 9 SUMMARY OF SURVEY RESULTS BY PRACTICE TYPE ..................................................................... 13 SOLO PRACTITIONER ............................................................................................................................13 PRIVATE FIRM, PARTNER .......................................................................................................................16 PRIVATE FIRM, ASSOCIATE .....................................................................................................................19 PRIVATE FIRM, OF COUNSEL ..................................................................................................................22 HEAD OF CORPORATE IP DEPARTMENT ....................................................................................................25 CORPORATE IP DEPARTMENT, ATTORNEY .................................................................................................26 PRIVATE FIRM, PATENT AGENT ...............................................................................................................27 CORPORATE IP DEPARTMENT, PATENT AGENT ...........................................................................................28 TYPICAL CHARGES FOR IP LAW SERVICES ..................................................................................... 29 TYPICAL TYPE OF FEE FOR IP LAW SERVICE CHARGES ................................................................... 34 TYPICAL COSTS OF LITIGATION ..................................................................................................... 37 CHARACTERISTICS OF FIRMS ........................................................................................................ 50 NUMBER AND TYPE OF ATTORNEYS .........................................................................................................50 ASSOCIATE STARTING SALARY AND SUMMER MONTHLY PAY ........................................................................52 SUPPORT STAFF AND SERVICES ...............................................................................................................54 BILLING RATES AND PRACTICES ...............................................................................................................57 LIABILITY INSURANCE............................................................................................................................60 TRAINING AND MARKETING ...................................................................................................................60 STATISTICAL TABLES....................................................................................................... Appendix A INDIVIDUAL DATA .................................................................................................................. I-1 to I-177 FIRM DATA ........................................................................................................................... F-1 to F-34 SURVEY INSTRUMENTS .................................................................................................. Appendix B
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STATISTICAL TABLES INDIVIDUAL DATA All Respondents ........................................................................................................................................................................ I-1 Background ...................................................................................................................................................................................... I-1 Total Gross Income for 2014 from your primary practice (Q10)...................................................................................................... I-3 Employer's 2014 contribution to 401(k)/403(b) retirement and savings plans (Q11) ..................................................................... I-3 Expected total cash income for 2015 (Q12) ..................................................................................................................................... I-4 Full-time IP lawyers and patent agents at all locations (Q16) .......................................................................................................... I-4 Billable hours, Billing rate, Dollars billed (Q28, Q29, Q26)............................................................................................................... I-6 Percent of services in 2014 that were billed (or will be billed) by type of basis (Q27) .................................................................... I-6 Average hours per week spent on business development (Q30) .................................................................................................... I-7 Solo Practitioner ....................................................................................................................................................................... I-8 Background Information .................................................................................................................................................................. I-8 Total Gross Income for 2014 from your primary practice (Q10)...................................................................................................... I-9 Employer's 2014 contribution to 401(k)/403(b) retirement and savings plans (Q11) ................................................................... I-10 Expected total cash income for 2015 (Q12) ................................................................................................................................... I-11 Percent of time devoted to IP areas, by Income Level (Q15) ........................................................................................................ I-12 New priority US and PCT Patent applications prepared and filed in 2014 (Q17) ........................................................................... I-12 Percent of time devoted to types of work, by Income Level (Q13) ............................................................................................... I-13 Billable hours recorded in 2014 (Q28) ........................................................................................................................................... I-14 Average hourly billing rate in 2014 (Q29) ...................................................................................................................................... I-15 Percent of services in 2014 that were billed (or will be billed) by type of basis (Q27) .................................................................. I-16 Dollar amount billed for legal services performed in 2014 (Q26) .................................................................................................. I-17 Private Firm, Partner............................................................................................................................................................... I-18 Background Information ................................................................................................................................................................ I-18 Total Gross Income for 2014 from your primary practice (Q10).................................................................................................... I-19 Employer's 2014 contribution to 401(k)/403(b) retirement and savings plans (Q11) ................................................................... I-20 Expected total cash income for 2015 (Q12) ................................................................................................................................... I-21 Percent of time devoted to types of work, by Income Level (Q13) ............................................................................................... I-22 Percent of time devoted to IP areas, by Income Level (Q15)......................................................................................................... I-22 New priority US and PCT Patent applications prepared and filed in 2014 (Q17) ........................................................................... I-23 Billable hours recorded in 2014 (Q28) ........................................................................................................................................... I-24 Average hourly billing rate in 2014 (Q29) ...................................................................................................................................... I-25 Percent of services in 2014 that were billed (or will be billed) by type of basis (Q27) .................................................................. I-26 Dollar amount billed for legal services performed in 2014 (Q26) .................................................................................................. I-27 Private Firm, Associate ........................................................................................................................................................... I-28 Background Information ................................................................................................................................................................ I-28 Total Gross Income for 2014 from your primary practice (Q10).................................................................................................... I-29 Employer's 2014 contribution to 401(k)/403(b) retirement and savings plans (Q11) ................................................................... I-30 Expected total cash income for 2015 (Q12) ................................................................................................................................... I-31 Percent of time devoted to types of work, by Income Level (Q13) ............................................................................................... I-32 Percent of time devoted to IP areas, by Income Level (Q15)......................................................................................................... I-32 New priority US and PCT Patent applications prepared and filed in 2014 (Q17) ........................................................................... I-33 For the first 10 years of experience, total gross income for 2014 (Q10) ....................................................................................... I-34 Billable hours recorded in 2014 (Q28) ........................................................................................................................................... I-35 Average hourly billing rate in 2014 (Q29) ...................................................................................................................................... I-36 For the first 10 years of experience, billable hours recorded in 2014 (Q28) ................................................................................. I-37 For the first 10 years of experience, average hourly billing rate in 2014 (Q29) ............................................................................. I-37 Percent of services in 2014 that were billed (or will be billed) by type of basis (Q27) .................................................................. I-38 Dollar amount billed for legal services performed in 2014 (Q26) .................................................................................................. I-39 Private Firm, Of Counsel ......................................................................................................................................................... I-40 Background Information ................................................................................................................................................................ I-40 Total Gross Income for 2014 from your primary practice (Q10).................................................................................................... I-41 Expected total cash income for 2015 (Q12) ................................................................................................................................... I-42 Percent of time devoted to types of work, by Income Level (Q13) ............................................................................................... I-42 Percent of time devoted to IP areas, by Income Level (Q15)......................................................................................................... I-43 New priority US and PCT Patent applications prepared and filed in 2014 (Q17) ........................................................................... I-43
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Billable hours recorded in 2014 (Q28) ........................................................................................................................................... I-44 Average hourly billing rate in 2014 (Q29) ...................................................................................................................................... I-45 Percent of services in 2014 that were billed (or will be billed) by type of basis (Q27) .................................................................. I-46 Dollar amount billed for legal services performed in 2014 (Q26) .................................................................................................. I-47 Corporate IP Department, Head .............................................................................................................................................. I-48 Background Information ................................................................................................................................................................ I-48 Total Gross Income for 2014 from your primary practice (Q10).................................................................................................... I-49 Total Gross Income for 2014 by Number of Subordinates (Q10b)................................................................................................. I-50 Employer's 2014 contribution to 401(k)/403(b) retirement and savings plans (Q11) ................................................................... I-51 Expected total cash income for 2015 (Q12) ................................................................................................................................... I-52 Percent of time devoted to types of work, by Income Level (Q13) ............................................................................................... I-53 Percent of time devoted to IP areas, by Income Level (Q15)......................................................................................................... I-53 New priority US and PCT Patent applications prepared and filed in 2014 (Q17) ........................................................................... I-54 Direct and indirect reports (Q18) ................................................................................................................................................... I-54 Percent of activities handled by in-house counsel other than liaison with outside counsel, by Income Level (Q19).................... I-55 Annual gross revenues for company in 2014 (Q20) ....................................................................................................................... I-55 Annual IP budget for company for 2014 (Q21) .............................................................................................................................. I-56 Corporate IP budget per full-time IP lawyer or agent in 2014 (Q21b) ........................................................................................... I-57 Change in IP budget for company from 2013 to 2014 (Q22) ......................................................................................................... I-58 Reasons for change in corporate budget (Q23) ............................................................................................................................. I-59 Technology focus of company or business unit (Q24) ................................................................................................................... I-59 Percent of annual corporate IP budget devoted to types of work, by Income Level (Q25) ........................................................... I-60 Percent of annual corporate IP budget devoted to types of work, by Technology Focus of Company (Q25) ............................... I-61 Corporate IP Department, Attorney ........................................................................................................................................ I-62 Background .................................................................................................................................................................................... I-62 Total Gross Income for 2014 from your primary practice (Q10).................................................................................................... I-63 Total Gross Income for 2014 by Number of Subordinates (Q10b)................................................................................................. I-64 Employer's 2014 contribution to 401(k)/403(b) retirement and savings plans (Q11) ................................................................... I-65 Expected total cash income for 2015 (Q12) ................................................................................................................................... I-66 Percent of time devoted to types of work, by Income Level (Q13) ............................................................................................... I-67 Percent of time devoted to IP areas, by Income Level (Q15)......................................................................................................... I-67 New priority US and PCT Patent applications prepared and filed in 2014 (Q17) ........................................................................... I-68 Direct and indirect reports (Q18) ................................................................................................................................................... I-68 Private Firm, Agent ................................................................................................................................................................. I-69 Background .................................................................................................................................................................................... I-69 Total Gross Income for 2014 from your primary practice (Q10).................................................................................................... I-70 Expected total cash income for 2015 (Q12) ................................................................................................................................... I-71 New priority US and PCT Patent applications prepared and filed in 2014 (Q17) ........................................................................... I-71 Average hourly billing rate in 2014 (Q29) ...................................................................................................................................... I-72 Percent of services in 2014 that were billed (or will be billed) by type of basis (Q27) .................................................................. I-73 Corporate IP Department, Agent............................................................................................................................................. I-74 Background .................................................................................................................................................................................... I-74 Total Gross Income for 2014 from your primary practice (Q10).................................................................................................... I-74 Total Gross Income for 2014 by Number of Subordinates (Q10b)................................................................................................. I-74 Employer's 2014 contribution to 401(k)/403(b) retirement and savings plans (Q11) ................................................................... I-75 Expected total cash income for 2015 (Q12) ................................................................................................................................... I-75 Direct and indirect reports (Q18) ................................................................................................................................................... I-75 Typical Charges ....................................................................................................................................................................... I-76 Trademarks by Location Trademark Clearance Search, Analysis, and Opinion (Q31a) ......................................................................................................... I-76 Trademark Registration Application (Preparation and Filing) (Q31b) ............................................................................................ I-76 Trademark Prosecution (Total, including amendments and interviews but not appeals) (Q31c).................................................. I-76 Trademark Statement of Use (Preparation and Filing) (Q31d) ...................................................................................................... I-77 Trademark Appeal to the Board (Briefed and Argued) (Q31e) ...................................................................................................... I-77 Trademark Section 8 and 15 Declaration (Preparation and Filing) (Q31f) ..................................................................................... I-77 Trademark Renewal Application (Preparation and Filing) (Q31g).................................................................................................. I-78 Filing of Foreign Origin Trademark Registration Application Received Ready for Filing (Q31h) .................................................... I-78
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Filing for an International Trademark (Q31i) ................................................................................................................................. I-78 Preparing a UDRP Petition (Q31j) .................................................................................................................................................. I-79 Responding to a UDRP Petition (Q31k) .......................................................................................................................................... I-79 Trademarks by Type of Practice Trademark Clearance Search, Analysis, and Opinion (Q31a) ......................................................................................................... I-80 Trademark Registration Application (Preparation and Filing) (Q31b) ............................................................................................ I-80 Trademark Prosecution (Total, including amendments and interviews but not appeals) (Q31c).................................................. I-80 Trademark Statement of Use (Preparation and Filing) (Q31d) ...................................................................................................... I-81 Trademark Appeal to the Board (Briefed and Argued) (Q31e) ...................................................................................................... I-81 Trademark Section 8 and 15 Declaration (Preparation and Filing) (Q31f) ..................................................................................... I-81 Trademark Renewal Application (Preparation and Filing) (Q31g).................................................................................................. I-82 Filing of Foreign Origin Trademark Registration Application Received Ready for Filing (Q31h) .................................................... I-82 Filing for an International Trademark (Q31i) ................................................................................................................................. I-82 Preparing a UDRP Petition (Q31j) .................................................................................................................................................. I-83 Responding to a UDRP Petition (Q31k) .......................................................................................................................................... I-83 US Utility Patents by Location Original (not divisional, continuation, or CIP) non-provisional utility patent application on invention of minimal complexity (Preparation and Filing) (Q32a) ..................................................................................................................... I-84 Provisional Patent Application (Preparation and Filing) (Q32b) ................................................................................................... I-84 Original utility application, relatively complex biotechnology/chemical (Preparation and Filing) (Q32c) ..................................... I-84 Original utility application, relatively complex electrical/computer (Preparation and Filing) (Q32d) ........................................... I-85 Original utility application, relatively complex mechanical (Preparation and Filing) (Q32e) ......................................................... I-85 Patent application amendment/argument of minimal complexity (Preparation and Filing) (Q32f) .............................................. I-85 Patent application amendment/argument, relatively complex, biotechnology/chemical (Preparation and Filing) (Q32g)........................................................................................................................................ I-86 Patent application amendment/argument, relatively complex, electrical/computer (Preparation and Filing) (Q32h)................. I-86 Patent application amendment/argument, relatively complex, mechanical (Preparation and Filing) (Q32i) ............................... I-86 Appeal to Board in utility patent application without oral argument (Q32j) ................................................................................. I-87 Appeal to Board in utility patent application with oral argument (Q32k) ..................................................................................... I-87 Issuing an allowed application (All post-allowance activity) (Q32l) ............................................................................................... I-87 Ex parte re-exam (Q32m) ............................................................................................................................................................... I-88 Paying a Maintenance Fee (Q32n) ................................................................................................................................................. I-88 Utility Patent Novelty Search, Analysis, and Opinion (Q32o)......................................................................................................... I-88 Validity/Invalidity Only Opinion, per patent (Q32p) ...................................................................................................................... I-89 Infringement/Non-Infringement Only Opinion, per patent (Q32q) ............................................................................................... I-89 Combination Validity and Infringement, per patent (Q32r)........................................................................................................... I-89 US Utility Patents by Type of Practice Original (not divisional, continuation, or CIP) non-provisional utility patent application on invention of minimal complexity (Preparation and Filing) (Q32a) ..................................................................................................................... I-90 Provisional Patent Application (Preparation and Filing) (Q32b) ................................................................................................... I-90 Original utility application, relatively complex biotechnology/chemical (Preparation and Filing) (Q32c) ..................................... I-90 Original utility application, relatively complex electrical/computer (Preparation and Filing) (Q32d) ........................................... I-91 Original utility application, relatively complex mechanical (Preparation and Filing) (Q32e) ......................................................... I-91 Patent application amendment/argument of minimal complexity (Preparation and Filing) (Q32f) .............................................. I-91 Patent application amendment/argument, relatively complex, biotechnology/chemical (Preparation and Filing) (Q32g)........................................................................................................................................ I-92 Patent application amendment/argument, relatively complex, electrical/computer (Preparation and Filing) (Q32h)................. I-92 Patent application amendment/argument, relatively complex, mechanical (Preparation and Filing) (Q32i) ............................... I-92 Appeal to Board in utility patent application without oral argument (Q32j) ................................................................................. I-93 Appeal to Board in utility patent application with oral argument (Q32k) ..................................................................................... I-93 Issuing an allowed application (All post-allowance activity) (Q32l) ............................................................................................... I-93 Ex parte re-exam (Q32m) ............................................................................................................................................................... I-94 Paying a Maintenance Fee (Q32n) ................................................................................................................................................. I-94 Utility Patent Novelty Search, Analysis, and Opinion (Q32o)......................................................................................................... I-94 Validity/Invalidity Only Opinion, per patent (Q32p) ...................................................................................................................... I-95 Infringement/Non-Infringement Only Opinion, per patent (Q32q) ............................................................................................... I-95 Combination Validity and Infringement, per patent (Q32r)........................................................................................................... I-95
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Foreign Origin and Foreign Patents by Location Filing foreign origin utility patent application in USPTO, received ready for filing with formal papers, assignment, and priority documents (Q33a) ................................................................................................................... I-96 Filing non-PCT patent application abroad (per country, not including associate or government fees) (Q33b) ............................. I-96 Filing previously prepared US patent application as PCT application in US Receiving Office (Q33c) ............................................. I-96 Entering National Stage in US Receiving Office from foreign origin PCT application (Q33d) ......................................................... I-97 Entering National Stage in each foreign Receiving Office from US origin PCT application (Q33e) ................................................ I-97 Paying an annuity or maintenance fee (Q33f) ............................................................................................................................... I-97 Foreign Origin and Foreign Patents by Type of Practice Filing foreign origin utility patent application in USPTO, received ready for filing with formal papers, assignment, and priority documents (Q33a) ................................................................................................................... I-98 Filing non-PCT patent application abroad (per country, not including associate or government fees) (Q33b) ............................. I-98 Filing previously prepared US patent application as PCT application in US Receiving Office (Q33c) ............................................. I-98 Entering National Stage in US Receiving Office from foreign origin PCT application (Q33d) ......................................................... I-99 Entering National Stage in each foreign Receiving Office from US origin PCT application (Q33e) ................................................ I-99 Paying an annuity or maintenance fee (Q33f) ............................................................................................................................... I-99 US Design Patents, Plant Patents, and Copyrights by Location US design patent application (Preparation and Filing) (Q34a) ..................................................................................................... I-100 US plant patent application (Preparation and Filing) (Q34b) ....................................................................................................... I-100 Copyright registration application (Preparation and Filing) (Q34c) ............................................................................................. I-100 US Design Patents, Plant Patents, and Copyrights by Type of Practice US design patent application (Preparation and Filing) (Q34a) ..................................................................................................... I-101 US plant patent application (Preparation and Filing) (Q34b) ....................................................................................................... I-101 Copyright registration application (Preparation and Filing) (Q34c) ............................................................................................. I-101 Type of Fee Primarily Used Trademarks (Q31a-k) ................................................................................................................................................................... I-102 US Utility Patents (Q32a-r) ........................................................................................................................................................... I-103 Foreign Origin and Foreign Patents (Q33a-f) ............................................................................................................................... I-104 Other US Patents and Copyrights (Q34a-c) .................................................................................................................................. I-104 Total Costs of Litigation ........................................................................................................................................................ I-105 Litigation-Patent Infringement, All Varieties by Location Less than $1M at risk–End of Discovery (Q35Aa) ........................................................................................................................ I-105 Less than $1M at risk–Inclusive, all costs (Q35Ab) ...................................................................................................................... I-105 Less than $1M at risk–Mediation (Q35Ac) ................................................................................................................................... I-105 $1-$10M at risk–End of Discovery (Q35Ad) ................................................................................................................................. I-106 $1-$10M at risk–Inclusive, all costs (Q35Ae) ............................................................................................................................... I-106 $1-$10M at risk–Mediation (Q35Af) ............................................................................................................................................ I-106 $10-$25M at risk–End of Discovery (Q35Ag) ............................................................................................................................... I-107 $10-$25M at risk–Inclusive, all costs (Q35Ah) ............................................................................................................................. I-107 $10-$25M at risk–Mediation (Q35Ai) .......................................................................................................................................... I-107 Greater than $25M at risk–End of Discovery (Q35Aj) .................................................................................................................. I-108 Greater than $25M at risk–Inclusive, all costs (Q35Ak) ............................................................................................................... I-108 Greater than $25M at risk–Mediation (Q35Al) ............................................................................................................................ I-108 Litigation-Patent Infringement, All Varieties by Type of Practice Less than $1M at risk–End of Discovery (Q35Aa) ........................................................................................................................ I-109 Less than $1M at risk–Inclusive, all costs (Q35Ab) ...................................................................................................................... I-109 Less than $1M at risk–Mediation (Q35Ac) ................................................................................................................................... I-109 $1-$10M at risk–End of Discovery (Q35Ad) ................................................................................................................................. I-110 $1-$10M at risk–Inclusive, all costs (Q35Ae) ............................................................................................................................... I-110 $1-$10M at risk–Mediation (Q35Af) ............................................................................................................................................ I-110 $10-$25M at risk–End of Discovery (Q35Ag) ............................................................................................................................... I-111 $10-$25M at risk–Inclusive, all costs (Q35Ah) ............................................................................................................................. I-111 $10-$25M at risk–Mediation (Q35Ai) .......................................................................................................................................... I-111 Greater than $25M at risk–End of Discovery (Q35Aj) .................................................................................................................. I-112 Greater than $25M at risk–Inclusive, all costs (Q35Ak) ............................................................................................................... I-112 Greater than $25M at risk–Mediation (Q35Al) ............................................................................................................................ I-112
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Litigation-Patent Infringement, Hatch-Waxman Act by Location Less than $1M at risk–End of Discovery (Q35Ba)......................................................................................................................... I-113 Less than $1M at risk–Inclusive, all costs (Q35Bb)....................................................................................................................... I-113 Less than $1M at risk–Mediation (Q35Bc) ................................................................................................................................... I-113 $1-$10M at risk–End of Discovery (Q35Bd) ................................................................................................................................. I-114 $1-$10M at risk–Inclusive, all costs (Q35Be) ............................................................................................................................... I-114 $1-$10M at risk–Mediation (Q35Bf) ............................................................................................................................................ I-114 $10-$25M at risk–End of Discovery (Q35Bg) ............................................................................................................................... I-115 $10-$25M at risk–Inclusive, all costs (Q35Bh) ............................................................................................................................. I-115 $10-$25M at risk–Mediation (Q35Bi) .......................................................................................................................................... I-115 Greater than $25M at risk–End of Discovery (Q35Bj) .................................................................................................................. I-116 Greater than $25M at risk–Inclusive, all costs (Q35Bk) ............................................................................................................... I-116 Greater than $25M at risk–Mediation (Q35Bl) ............................................................................................................................ I-116 Litigation-Patent Infringement, Hatch-Waxman Act by Type of Practice Less than $1M at risk–End of Discovery (Q35Ba)......................................................................................................................... I-117 Less than $1M at risk–Inclusive, all costs (Q35Bb)....................................................................................................................... I-117 Less than $1M at risk–Mediation (Q35Bc) ................................................................................................................................... I-117 $1-$10M at risk–End of Discovery (Q35Bd) ................................................................................................................................. I-118 $1-$10M at risk–Inclusive, all costs (Q35Be) ............................................................................................................................... I-118 $1-$10M at risk–Mediation (Q35Bf) ............................................................................................................................................ I-118 $10-$25M at risk–End of Discovery (Q35Bg) ............................................................................................................................... I-119 $10-$25M at risk–Inclusive, all costs (Q35Bh) ............................................................................................................................. I-119 $10-$25M at risk–Mediation (Q35Bi) .......................................................................................................................................... I-119 Greater than $25M at risk–End of Discovery (Q35Bj) .................................................................................................................. I-120 Greater than $25M at risk–Inclusive, all costs (Q35Bk) ............................................................................................................... I-120 Greater than $25M at risk–Mediation (Q35Bl) ............................................................................................................................ I-120 Litigation-Defending Claims of Patent Infringement by Non-Practicing Entity by Location Less than $1M at risk–End of Discovery (Q35Ca)......................................................................................................................... I-121 Less than $1M at risk–Inclusive, all costs (Q35Cb)....................................................................................................................... I-121 Less than $1M at risk–Mediation (Q35Cc) ................................................................................................................................... I-121 $1-$10M at risk–End of Discovery (Q35Cd) ................................................................................................................................. I-122 $1-$10M at risk–Inclusive, all costs (Q35Ce) ............................................................................................................................... I-122 $1-$10M at risk–Mediation (Q35Cf) ............................................................................................................................................ I-122 $10-$25M at risk–End of Discovery (Q35Cg) ............................................................................................................................... I-123 $10-$25M at risk–Inclusive, all costs (Q35Ch) ............................................................................................................................. I-123 $10-$25M at risk–Mediation (Q35Ci) .......................................................................................................................................... I-123 Greater than $25M at risk–End of Discovery (Q35Cj) .................................................................................................................. I-124 Greater than $25M at risk–Inclusive, all costs (Q35Ck) ............................................................................................................... I-124 Greater than $25M at risk–Mediation (Q35Cl) ............................................................................................................................ I-124 Litigation-Defending Claims of Patent Infringement by Non-Practicing Entity by Type of Practice Less than $1M at risk–End of Discovery (Q35Ca)......................................................................................................................... I-125 Less than $1M at risk–Inclusive, all costs (Q35Cb)....................................................................................................................... I-125 Less than $1M at risk–Mediation (Q35Cc) ................................................................................................................................... I-125 $1-$10M at risk–End of Discovery (Q35Cd) ................................................................................................................................. I-126 $1-$10M at risk–Inclusive, all costs (Q35Ce) ............................................................................................................................... I-126 $1-$10M at risk–Mediation (Q35Cf) ............................................................................................................................................ I-126 $10-$25M at risk–End of Discovery (Q35Cg) ............................................................................................................................... I-127 $10-$25M at risk–Inclusive, all costs (Q35Ch) ............................................................................................................................. I-127 $10-$25M at risk–Mediation (Q35Ci) .......................................................................................................................................... I-127 Greater than $25M at risk–End of Discovery (Q35Cj) .................................................................................................................. I-128 Greater than $25M at risk–Inclusive, all costs (Q35Ck) ............................................................................................................... I-128 Greater than $25M at risk–Mediation (Q35Cl) ............................................................................................................................ I-128 Litigation-Section 337 Patent Infringement by Location Less than $1M at risk–End of Discovery (Q35Da) ........................................................................................................................ I-129 Less than $1M at risk–Inclusive, all costs (Q35Db) ...................................................................................................................... I-129 Less than $1M at risk–Mediation (Q35Dc)................................................................................................................................... I-129 $1-$10M at risk–End of Discovery (Q35Dd) ................................................................................................................................. I-130
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$1-$10M at risk–Inclusive, all costs (Q35De) ............................................................................................................................... I-130 $1-$10M at risk–Mediation (Q35Df) ............................................................................................................................................ I-130 $10-$25M at risk–End of Discovery (Q35Dg) ............................................................................................................................... I-131 $10-$25M at risk–Inclusive, all costs (Q35Dh) ............................................................................................................................. I-131 $10-$25M at risk–Mediation (Q35Di) .......................................................................................................................................... I-131 Greater than $25M at risk–End of Discovery (Q35Dj).................................................................................................................. I-132 Greater than $25M at risk–Inclusive, all costs (Q35Dk) ............................................................................................................... I-132 Greater than $25M at risk–Mediation (Q35Dl) ............................................................................................................................ I-132 Litigation-Section 337 Patent Infringement by Type of Practice Less than $1M at risk–End of Discovery (Q35Da) ........................................................................................................................ I-133 Less than $1M at risk–Inclusive, all costs (Q35Db) ...................................................................................................................... I-133 Less than $1M at risk–Mediation (Q35Dc)................................................................................................................................... I-133 $1-$10M at risk–End of Discovery (Q35Dd) ................................................................................................................................. I-134 $1-$10M at risk–Inclusive, all costs (Q35De) ............................................................................................................................... I-134 $1-$10M at risk–Mediation (Q35Df) ............................................................................................................................................ I-134 $10-$25M at risk–End of Discovery (Q35Dg) ............................................................................................................................... I-135 $10-$25M at risk–Inclusive, all costs (Q35Dh) ............................................................................................................................. I-135 $10-$25M at risk–Mediation (Q35Di) .......................................................................................................................................... I-135 Greater than $25M at risk–End of Discovery (Q35Dj).................................................................................................................. I-136 Greater than $25M at risk–Inclusive, all costs (Q35Dk) ............................................................................................................... I-136 Greater than $25M at risk–Mediation (Q35Dl) ............................................................................................................................ I-136 Patent Infringement Correlation between the amount at risk and the overall attorney hours required to litigate (Q35E) ......................................... I-137 Total cost of asserting compared to total cost of defending (Q35F) ........................................................................................... I-138 Cost of asserting as percent of cost of defending (Q35Fx) .......................................................................................................... I-138 Inter Partes Proceedings by Location Through filing petition (Q36i) ...................................................................................................................................................... I-139 Through end of motion practice (Q36ii) ...................................................................................................................................... I-139 Through PTAB hearing (Q36iii)..................................................................................................................................................... I-139 Through appeal (Q36iv) ............................................................................................................................................................... I-140 Inter Partes Proceedings by Type of Practice Through filing petition (Q36i) ...................................................................................................................................................... I-141 Through end of motion practice (Q36ii) ...................................................................................................................................... I-141 Through PTAB hearing (Q36iii)..................................................................................................................................................... I-141 Through appeal (Q36iv) ............................................................................................................................................................... I-142 Inter Partes Proceedings Total cost of filing a petition compared to total cost of defending (Q3dB) ................................................................................. I-143 Cost of filing as percent of cost of defending (Q36Bx) ................................................................................................................. I-143 Litigation-Trademark Infringement by Location Less than $1M at risk–End of Discovery (Q37a) ........................................................................................................................... I-144 Less than $1M at risk–Inclusive, all costs (Q37b) ......................................................................................................................... I-144 Less than $1M at risk–Mediation (Q37c) ..................................................................................................................................... I-144 $1-$10M at risk–End of Discovery (Q37d) ................................................................................................................................... I-145 $1-$10M at risk–Inclusive, all costs (Q37e) ................................................................................................................................. I-145 $1-$10M at risk–Mediation (Q37f) .............................................................................................................................................. I-145 $10-$25M at risk–End of Discovery (Q37g) ................................................................................................................................. I-146 $10-$25M at risk–Inclusive, all costs (Q37h) ............................................................................................................................... I-146 $10-$25M at risk–Mediation (Q37i) ............................................................................................................................................ I-146 Greater than $25M at risk–End of Discovery (Q37j) .................................................................................................................... I-147 Greater than $25M at risk–Inclusive, all costs (Q37k) ................................................................................................................. I-147 Greater than $25M at risk–Mediation (Q37l) .............................................................................................................................. I-147 Litigation-Trademark Infringement by Type of Practice Less than $1M at risk–End of Discovery (Q37a) ........................................................................................................................... I-148 Less than $1M at risk–Inclusive, all costs (Q37b) ......................................................................................................................... I-148 Less than $1M at risk–Mediation (Q37c) ..................................................................................................................................... I-148
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$1-$10M at risk–End of Discovery (Q37d) ................................................................................................................................... I-149 $1-$10M at risk–Inclusive, all costs (Q37e) ................................................................................................................................. I-149 $1-$10M at risk–Mediation (Q37f) .............................................................................................................................................. I-149 $10-$25M at risk–End of Discovery (Q37g) ................................................................................................................................. I-150 $10-$25M at risk–Inclusive, all costs (Q37h) ............................................................................................................................... I-150 $10-$25M at risk–Mediation (Q37i) ............................................................................................................................................ I-150 Greater than $25M at risk–End of Discovery (Q37j) .................................................................................................................... I-151 Greater than $25M at risk–Inclusive, all costs (Q37k) ................................................................................................................. I-151 Greater than $25M at risk–Mediation (Q37l) .............................................................................................................................. I-151 Trademark Infringement Correlation between the amount at risk and the overall attorney hours required to litigate (Q37B) ......................................... I-152 Total cost of asserting compared to total cost of defending (Q37C) ........................................................................................... I-153 Cost of asserting as percent of cost of defending (Q37Cx) .......................................................................................................... I-153 Litigation-Trademark Opposition/Cancellation by Location End of Discovery (Q38a) ............................................................................................................................................................. I-154 Inclusive, all costs (Q38b) ........................................................................................................................................................... I-154 Litigation-Trademark Opposition/Cancellation by Type of Practice End of Discovery (Q38a) ............................................................................................................................................................. I-155 Inclusive, all costs (Q38b) ........................................................................................................................................................... I-155 Litigation-Copyright Infringement by Location Less than $1M at risk–End of Discovery (Q39a) ........................................................................................................................... I-156 Less than $1M at risk–Inclusive, all costs (Q39b) ......................................................................................................................... I-156 Less than $1M at risk–Mediation (Q39c) ..................................................................................................................................... I-156 $1-$10M at risk–End of Discovery (Q39d) ................................................................................................................................... I-157 $1-$10M at risk–Inclusive, all costs (Q39e) ................................................................................................................................. I-157 $1-$10M at risk–Mediation (Q39f) .............................................................................................................................................. I-157 $10-$25M at risk–End of Discovery (Q39g) ................................................................................................................................. I-158 $10-$25M at risk–Inclusive, all costs (Q39h) ............................................................................................................................... I-158 $10-$25M at risk–Mediation (Q39i) ............................................................................................................................................ I-158 Greater than $25M at risk–End of Discovery (Q39j) .................................................................................................................... I-159 Greater than $25M at risk–Inclusive, all costs (Q39k) ................................................................................................................. I-159 Greater than $25M at risk–Mediation (Q39l) .............................................................................................................................. I-159 Litigation-Copyright Infringement by Type of Practice Less than $1M at risk–End of Discovery (Q39a) ........................................................................................................................... I-160 Less than $1M at risk–Inclusive, all costs (Q39b) ......................................................................................................................... I-160 Less than $1M at risk–Mediation (Q39c) ..................................................................................................................................... I-160 $1-$10M at risk–End of Discovery (Q39d) ................................................................................................................................... I-161 $1-$10M at risk–Inclusive, all costs (Q39e) ................................................................................................................................. I-161 $1-$10M at risk–Mediation (Q39f) .............................................................................................................................................. I-161 $10-$25M at risk–End of Discovery (Q39g) ................................................................................................................................. I-162 $10-$25M at risk–Inclusive, all costs (Q39h) ............................................................................................................................... I-162 $10-$25M at risk–Mediation (Q39i) ............................................................................................................................................ I-162 Greater than $25M at risk–End of Discovery (Q39j) .................................................................................................................... I-163 Greater than $25M at risk–Inclusive, all costs (Q39k) ................................................................................................................. I-163 Greater than $25M at risk–Mediation (Q39l) .............................................................................................................................. I-163 Copyright Infringement Correlation between the amount at risk and the overall attorney hours required to litigate (Q39B) ......................................... I-164 Total cost of asserting compared to total cost of defending (Q39C) ........................................................................................... I-165 Cost of asserting as percent of cost of defending (Q39Cx) .......................................................................................................... I-165 Litigation-Trade Secret Misappropriation by Location Less than $1M at risk–End of Discovery (Q40a) ........................................................................................................................... I-166 Less than $1M at risk–Inclusive, all costs (Q40b) ......................................................................................................................... I-166 Less than $1M at risk–Mediation (Q40c) ..................................................................................................................................... I-166 $1-$10M at risk–End of Discovery (Q40d) ................................................................................................................................... I-167 $1-$10M at risk–Inclusive, all costs (Q40e) ................................................................................................................................. I-167
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$1-$10M at risk–Mediation (Q40f) .............................................................................................................................................. I-167 $10-$25M at risk–End of Discovery (Q40g) ................................................................................................................................. I-168 $10-$25M at risk–Inclusive, all costs (Q40h) ............................................................................................................................... I-168 $10-$25M at risk–Mediation (Q40i) ............................................................................................................................................ I-168 Greater than $25M at risk–End of Discovery (Q40j) .................................................................................................................... I-169 Greater than $25M at risk–Inclusive, all costs (Q40k) ................................................................................................................. I-169 Greater than $25M at risk–Mediation (Q40l) .............................................................................................................................. I-169 Litigation-Trade Secret Misappropriation by Type of Practice Less than $1M at risk–End of Discovery (Q40a) ........................................................................................................................... I-170 Less than $1M at risk–Inclusive, all costs (Q40b) ......................................................................................................................... I-170 Less than $1M at risk–Mediation (Q40c) ..................................................................................................................................... I-170 $1-$10M at risk–End of Discovery (Q40d) ................................................................................................................................... I-171 $1-$10M at risk–Inclusive, all costs (Q40e) ................................................................................................................................. I-171 $1-$10M at risk–Mediation (Q40f) .............................................................................................................................................. I-171 $10-$25M at risk–End of Discovery (Q40g) ................................................................................................................................. I-172 $10-$25M at risk–Inclusive, all costs (Q40h) ............................................................................................................................... I-172 $10-$25M at risk–Mediation (Q40i) ............................................................................................................................................ I-172 Greater than $25M at risk–End of Discovery (Q40j) .................................................................................................................... I-173 Greater than $25M at risk–Inclusive, all costs (Q40k) ................................................................................................................. I-173 Greater than $25M at risk–Mediation (Q40l) .............................................................................................................................. I-173 Trade Secret Misappropriation Correlation between the amount at risk and the overall attorney hours required to litigate (Q40B) ......................................... I-174 Total cost of asserting compared to total cost of defending (Q40C) ........................................................................................... I-175 Cost of asserting as percent of cost of defending (Q40Cx) .......................................................................................................... I-175 Mediation/Arbitration Total cost of resolving dispute through arbitration compared to resolving dispute through litigation (Q41) ............................. I-176 Cost of arbitration as percent of cost of litigation (Q41x) ........................................................................................................... I-176 Frequency mediation/arbitration initiated in 2013 and 2014 (Q42) ........................................................................................... I-177
FIRM DATA Background ......................................................................................................................................................................................F-1 Position of the person responding on behalf of the firm (Q1) .........................................................................................................F-2 Number of major office locations in 2014 by size of firm (Q3) ........................................................................................................F-2 Number of attorneys in the firm in 2014 by size of firm (Q4) ..........................................................................................................F-3 Number of attorneys whose practice is primarily IP in the firm in 2014 by size of firm (Q5) ..........................................................F-4 Number of agents and assistants involved primarily in the IP practice of the firm in 2014 by size of firm (Q6) .............................F-5 Number of attorneys whose practice is primarily IP law who joined the firm in 2014 by size of firm (Q7).....................................F-6 Percentage of attorneys hired through a recruiter (head hunter) by size of firm (Q8) ...................................................................F-7 Average fee paid to recruiter as a % of salary by size of firm (Q9) ..................................................................................................F-7 Number of attorneys whose practice is primarily IP law who left the firm (including retired) in 2014 by size of firm (Q10)..........F-8 Number of attorneys and agents, by gender and size of firm, whose practice is primarily IP law in the firm in 2014 (Q11) ............................................................................................................................................F-9 Number of attorneys and agents, by ethnicity and size of firm, whose practice is primarily IP law in the firm in 2014 (Q12) ..........................................................................................................................................F-10 Distribution of support staff by size of firm in 2014 (Q13) ............................................................................................................F-11 Number of support staff by size of firm in 2014 (Q13) ..................................................................................................................F-11 Number of support staff per IP attorney by size of firm (Q13) ......................................................................................................F-11 Number of summer associates in 2014 (Q14-Q16) ........................................................................................................................F-12 Monthly pay for summer associates by size of firm (Q17).............................................................................................................F-12 Percent of firm's activities outsourced to an external provider by size of firm (Q18-Q19) ...........................................................F-13 Percent of firm's billings in IP law by size of firm (Q20-Q21) .........................................................................................................F-13 Allocation of firm’s IP billings by size of firm and by type of work (Q22-Q23) ...............................................................................F-14 Allocation of firm’s IP billings, by size of firm and by type of work, where IP law is 75% or more of practice (Q22-Q23)......................................................................................................................................................F-15 Allocation of firm’s IP billings, by size of firm and by type of work, where IP law is less than 75% of practice (Q22-Q23)......................................................................................................................................................F-16 Total 2014 billings for professional legal services (Q24) ................................................................................................................F-17 Total 2014 billings per attorney (Q24b) .........................................................................................................................................F-18
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Firm collections, billings, overhead, and percent change in billings (Q25-Q28) ............................................................................F-19 Minimum and maximum 2014 attorney billing rates for non-IP work (Q29a-Q29b) .....................................................................F-20 Average billing rate for non-IP work (Q29c) ..................................................................................................................................F-20 Minimum and maximum 2014 attorney billing rates for IP work (Q30a-Q30b) ............................................................................F-21 Average billing rate for IP work (Q30c) ..........................................................................................................................................F-22 Current starting salary for a first-year associate (Q31) ..................................................................................................................F-23 Average salary for a patent agent (Q32) ........................................................................................................................................F-24 Liability insurance coverage and deductible in 2014 (Q33-Q34) ...................................................................................................F-25 Liability insurance cost per attorney in 2014 (Q35) .......................................................................................................................F-26 Number of liability claims for IP matters made in the last five years (Q36) ..................................................................................F-26 Number of liability claims for IP matters made per attorney in the last five years (Q36) .............................................................F-27 Number of liability claims for IP matters made per IP attorney in the last five years (Q36)..........................................................F-27 Total dollar value of IP liability claims, including attorneys’ fees, paid in the last five years by the insurer or directly by the firm (Q37-Q38) ........................................................................................................................................F-27 Professional liability insurance underwriters used by firms (Q39) ................................................................................................F-28 Liability insurance cost per attorney in 2014 by insurance underwriter (Q39)..............................................................................F-30 Percentage of gross revenue spent on outside training (Q40) ......................................................................................................F-30 Firm provides formal training to lawyers (Q41) .............................................................................................................................F-31 Firm has marketing department or dedicated marketing personnel (Q42) ...................................................................................F-32 Marketing budget as percent of gross revenue in 2014 (Q43) ......................................................................................................F-33 Allocation of firm’s annual marketing budget by size of firm (Q44) ..............................................................................................F-33 Give associates billable hour credit toward requirement for time spent marketing/participating in bar associations or professional organizations (Q45) ............................................................................................................F-34
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AIPLA Report of the Economic Survey 2015
INTRODUCTION The AIPLA Economic Survey, developed and directed by the Law Practice Management Committee of the American Intellectual Property Law Association (AIPLA), reports the annual incomes and related professional and demographic characteristics of intellectual property (IP) law attorneys and associated patent agents. Conducted every other year by AIPLA, this survey also examines the economic aspects of intellectual property law practice, including individual billing rates and typical charges for representative IP law services. All AIPLA members were invited to participate. The Law Practice Management Committee took an active role in reviewing the Economic Survey with a goal of improving the usefulness and value of the data that are collected and analyzed.
DATA COLLECTION An e-mail invitation to participate in the 2015 AIPLA Economic Survey was sent to a list of 8,860 AIPLA members; accounting for bounces and requests to be removed from the database, the actual sample surveyed was 8,485. The e-mail included an individualized direct link to the Web-based questionnaire along with an attached letter requesting additional participation in the Firm portion of the Economic Survey. The initial e-mail was followed up by several e-mail reminders. This year, additional efforts were made to collect the Firm Survey data. Contact information was collected directly from the Individual Survey respondents that was then used for distributing Firm Survey links directly to the appropriate people identified at each firm by the Individual Survey respondents. A total of 1,366 individuals responded by completing some or all of the Individual questionnaire, yielding a 16.1% response rate, slightly higher than 2013. This is the fifth time the survey has been conducted online. The additional efforts to gather data for the Firm portion of the survey garnered 223 responses—only slightly lower than in 2013, when 244 firm representatives completed the firm questionnaire. All data submitted by respondents were reviewed and evaluated for reasonableness and consistency; data anomalies and outliers were analyzed and corrected or deleted. In many cases, respondents did not answer every question, so the total counts for each table may vary.
CHANGES TO THE SURVEY A number of enhancements were made to the 2015 Individual Survey instrument. The committee worked to streamline the survey while still including new questions that explored important new areas of interest to the profession. The following demographic type questions were removed from the Individual Survey this year: percent of time devoted to IP practice, change in employment, and change in the current employer status. Also removed were questions about employer contribution to all pension and capital accumulation plans, as well as gross income from the practice of law that was not included in the [previous] gross income question. The question about the percentage of time devoted to various types of work was revised which also allowed the question about time spent training new associates to be removed. In Part II, a follow-up question was added regarding the reasons for increases/decreases to the corporate budget. Also in this section, the question for the allocation of the annual corporate IP budget was revised to include more detail. In Part III (Private Practitioners), the percent of billable hours actually billed to clients was removed, and the question about business development was revised. 1
AIPLA Report of the Economic Survey 2015
In Part IV (Typical Charges), there was a slight change in the headings to the prosecution and client counseling questions that clarified that the data collected were charges in 2014. There were questions added to the litigation and related matters to collect mediation data, (the cost of the action up through mediation) for each of the at risk categories. Additional questions were added after the various litigation at risk questions, which required individuals to indicate if there was a strong correlation between the amount at risk and the overall attorney hours required to litigate the action. Individual respondents were also asked to report how the total cost of asserting various actions compared to the total cost of defending the actions. Two-Party Interference and Inter Partes Reexamination were removed, and data requests for Inter Partes Proceedings was added. Two questions at the end of the Individual Survey were added regarding arbitration. One compared the cost of resolving a dispute through arbitration to resolving a comparable dispute through litigation, and the other asked for the percentage of frequency that various means were initiated for mediation/arbitration. Finally, the business development section was swapped out from the 2015 Firm Survey instrument, and two new sections on training and marketing were added. The question about minor offices was removed this year as well from the Firm Survey instrument. The questions about the report format (paper vs. electronic) were removed this year from both surveys, however, new write-in questions were added that asked respondents to explain which data have been most useful, and what else could be added to future surveys. In the data tables in the report, a minimum of three responses was required to show composite values. The term “ISD” is used in the tables to show insufficient data. Similar to 2013, table rows with one or two respondents have been omitted to protect the anonymity of respondents and tables with no valid rows have likewise been omitted. Also, tables with less than 20 respondents overall were not shown in order to maintain statistical reliability of the data, however, the Corporate IP, Agent had only 15 respondents overall, so exceptions were made in this case. Additionally, for applicable tables, the 10th and 90th percentiles were added. These data could only be shown if there were 10 or more respondents.
DESCRIPTION OF STATISTICS AND FORMATTING CONVENTIONS Quartiles: Quartiles are used to show distributions of real numbers, responses are described by three quartiles: the first quartile, the median, and the third quartile. Quartiles identify interpolated locations on a distribution of values and do not necessarily represent actual reported values. Another label for quartiles is percentiles; the first quartile is the same as the 25th percentile, the median is the 50th percentile, and the third quartile is the 75th percentile. For example, when all reported values are listed from highest to lowest, the third quartile identifies the point on the list that is equal to or greater than 75 percent (three quarters) of the reported values and equal to or less than 25 percent (one quarter). 10th Percentile: Also used to show distributions of real numbers, ninety percent of respondents reported
this amount or more. 90th Percentile: Ten percent reported this amount or more. If there are fewer than 10 values, the 90th
percentile cannot be calculated. Median (midpoint): The median identifies the point in the distribution of reported values that is equal to or larger than one-half of reported values and equal to or smaller than one-half—that is, the mid-point. A median is reported when three or more values were reported by respondents. The first and third quartiles are reported when five or more fee values were reported by respondents. Quartiles and medians based on values reported by survey respondents are estimates of the quartiles and medians that could be determined if the 2
AIPLA Report of the Economic Survey 2015
characteristics of the entire population represented by survey respondents were known. In general, the more values that are reported, the more accurately quartiles estimate the distribution of values among all AIPLA members. Mean (average): The sum of all values divided by the number of values. It should be noted that if the mean exceeds the median, it is because high values affect the calculations. It is also possible, especially with a small number of values, for the mean to exceed the third quartile. Percentages in some tables and some graphs may not sum to exactly 100% due to rounding. Other definitions useful in understanding tabular information presented in this report are: Income: Defined as “total gross income in calendar year 2014 from your primary practice…including any partnership income, cash bonus, share of profits, and similar income you received, and any deferred compensation in which you vested in 2014.” Typical Charges: Respondents were instructed to respond “only if you have been personally responsible for a representative sample of the type of work to which the question pertains, either as a service provider (an attorney in private practice) or as a purchaser of such services (corporate counsel).” In thinking of a typical charge, respondents were directed to assume “a typical case with no unusual complications,” and asked “what did you charge (or would have charged) or what were you charged (or would have expected to be charged), in 2014, for legal services only (including search fees, but not including copy costs, drawing fees or government fees) in each of the following types of US matters?” Respondents were also asked to indicate the type of fee primarily used in 2014 (i.e., fixed fee, hourly, other). Estimated Litigation Costs: Respondents were instructed to respond to these questions “only if you have personal knowledge either as a service provider (attorney in private practice) or as a purchaser of such services (corporate counsel) of the costs incurred within the relatively recent past, for the type of work to which the question pertains. In each of the questions, ‘total cost’ is all costs, including outside legal and paralegal services, local counsel, associates, paralegals, travel and living expenses, fees and costs for court reporters, photocopies, courier services, exhibit preparation, analytical testing, expert witnesses, translators, surveys, jury advisors, and similar expenses.” Respondents were further instructed to estimate these based on a single IP asset, such as one patent at issue or one trademark. Location: The metropolitan areas of Boston, New York City, Philadelphia, Washington (DC-MD-VA), Chicago, and Minneapolis–St. Paul include all localities—central city and surrounding areas—within the primary metropolitan statistical area. One state—Texas—had sufficiently large numbers of respondents to be reported separately. There were sufficient responses to breakout Los Angeles and San Francisco separately; California firms outside of those metro areas were included in “Other West.” Other categories exclude those named metropolitan areas.
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AIPLA Report of the Economic Survey 2015
LOCATION METROPOLITAN AREAS
PERCENT
COUNT
Boston CMSA*
5.6%
77
New York City CMSA*
7.9%
108
Philadelphia CMSA*
3.4%
46
18.3%
250
5.4%
74
Metro Southeast: Raleigh–Durham, Greensboro–Winston-Salem, and Charlotte, NC; Atlanta, GA; and Miami–Ft. Lauderdale–West Palm Beach, FL Other Southeast: North Carolina, South Carolina, Georgia, and Florida
3.4% 2.9%
47 40
Chicago CMSA*
5.4%
74
Minneapolis–St. Paul PMSA**
4.1%
56
16.2% 6.4%
221 87
Los Angeles CMSA*
2.7%
37
San Francisco CMSA*
5.2%
71
13.0%
178
Washington, DC CMSA* Other East: Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, and West Virginia
Other Central: Minnesota, North Dakota, South Dakota, Wisconsin, Michigan, Ohio, Indiana, Illinois, Iowa, Nebraska, Kansas, Missouri, Kentucky, Oklahoma, Arkansas, Louisiana, Mississippi, Alabama, and Tennessee Texas
Other West: Montana, Wyoming, Colorado, New Mexico, Idaho, Utah, Nevada, Arizona, Washington, Oregon, California, Alaska, and Hawaii
*CMSA: Consolidated Metropolitan Statistical Area– a metro area with a population of one million or more. **PMSA: Primary Metropolitan Statistical Area– a component of a CMSA.
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AIPLA Report of the Economic Survey 2015
Respondent Background
A total of 1,366 individuals participated in the survey.
The majority of survey participants were male (79.8%) and white/Caucasian (87.8%).
More than five in 10 respondents (53.9%) were under the age of 50, with nearly three in 10 (29.2%) ranging in age between 40 and 49. The proportion of respondents aged 60 or more was 17.9%, which has increased steadily over the past several years.
Other than a law degree, more than one-third of all respondents (38.3%) reported holding an advanced degree such as a masters or Ph.D. A majority of respondents (57.8%) reported holding a bachelor’s degree.
Over half (54.7%) of all respondents were Private Firm, Partner and Private Firm, Associate, followed by Corporate IP Department, Attorney (10.4%), Solo Practitioner (8.9%), and Corporate IP Department, Head (8.0%). These percentages have all held steady over the past few surveys.
An overwhelming majority (89.4%) of all respondents had been admitted to the patent bar.
More than six in 10 respondents (61.3%) had fewer than 20 years’ experience practicing Intellectual Property Law, a percentage which has decreased over the last few surveys. 12.2% reported having fewer than five years’ of IP law experience in 2014, also a decline from proportions reported in previous years.
Respondents were asked to report their percent of time spent in various areas of technical specialization. The most common IP technical specialization, representing over 50% of respondents’ time, was mechanical (27.3%), followed by computer software (16.7%), chemical (15.5%), and electrical (15.1%).
Four in 10 respondents (40.6%) practiced in the Mid-Atlantic or New England area, including 18.3% in the Washington, DC, Consolidated Metropolitan Statistical Area (CMSA). The Central region represented 25.7%, and one in five (20.9%) were located in the West—very similar to 2013.
ETHNICITY (P. I-1, Q6)
GENDER (P. I-1, Q5) White/Caucasian 87.8%
Male 79.8%
Other 1.0% Blended 1.2% N.A. Indian/ Native Canadian 0.2%
Female 20.2%
Asian/Pacific Islander 5.9% Black/African American 1.7%
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Hispanic/Latino 2.3%
AIPLA Report of the Economic Survey 2015
HIGHEST EDUCATION OTHER THAN LAW (P. I-1, Q9)
AGE (P. I-1, Q4)
Bachelor's Degree 57.9%
40-44 13.2% 45-49 16.0%
35-39 12.9%
30-34 9.7%
50-54 15.6%
Younger than 30 2.1% 65 or Older 8.5% 55-59 12.6%
None 2.6%
Other 1.2% Doctorate Degree 13.5%
Master's Degree 24.8%
60-64 9.4%
PRIMARY PRACTICE (P. I-1, Q2)
ADMITTED TO THE PATENT BAR (P. I-1, Q3)
Background of All Respondents Private Firm, Of Counsel 2.8% Head of Corporate IP Dept 8.0% Yes 89.4%
Private Firm, Associate 21.1%
Attorney, Corporate IP Dept
Private 68.7% Corporate 24.0%
10.4% Attorney, Corporate Legal Dept
No 10.6%
Gov’t IP Office, Other than PTO Other:
Private Firm, Agent Agent, Corporate IP Dept Head of Corporate Legal Dept Agent, Corporate Legal Dept PTO Examiner/Admin/Mgmt Other
2.3% 1.1% 1.6% 0.8% 1.8% 4.9% -----12.5%
Other 12.5%
8.9% Solo Practitioner
LOCATION (P. I-2, Q1)
YEARS OF INTELLECTUAL PROPERTY LAW EXPERIENCE (P. I-2, Q7)
Other East Other Southeast 5.4% 2.9% Metro Southeast Chicago CMSA 3.4% 5.4%
10-14 15.8% 15-19 17.2%
33.6% Private Firm, Partner
2.1% 0.6%
Washington, DC CMSA 18.3%
Minne.-St. Paul PMSA 4.1%
7-9 10.3%
5-6 5.8%
Philadelphia CMSA 3.4%
Other Central 16.2%
NYC CMSA 7.9%
20-24 14.1% Fewer than 5 12.2% 25-29 8.1% 30-34 7.4%
35-39 4.6%
Boston CMSA 5.6%
Texas 6.4%
40 or More 4.4%
Los Angeles CMSA San Francisco CMSA 2.7% 5.2%
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Other West 13.0%
AIPLA Report of the Economic Survey 2015
IP BUDGET FOR CORPORATE PRACTITIONERS
ANNUAL IP BUDGET FOR COMPANY (P. I-56, Q21) CORPORATE IP, HEAD By Technology Focus Biotech Chemical Electrical Computer Software Mechanical Medical/Health Care Pharmceutical
All Individuals $0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
1st Quartile/3rd Quartile
$25,000,000
Median
Mean
ANNUAL IP BUDGET PER FULL-TIME IP ATTORNEY OR AGENT (P. I-57, Q21) CORPORATE IP, HEAD By Technology Focus Biotech Chemical Electrical Computer Software Mechanical Medical/Health Care Pharmceutical
All Individuals $0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
1st Quartile/3rd Quartile
7
Median
$3,500,000 Mean
AIPLA Report of the Economic Survey 2015
CHANGE IN IP BUDGET FOR COMPANY: 2013-2014 (P. I-58, Q22) Reported by Corporate IP, Head 1-2
Number of IP Attorneys
3-5 6-10 11-25 26-50 51-100
All Individuals 0%
20%
40%
60%
80% Increase
No Change
100% Decrease
The median annual corporate IP budget for all respondents was $3,000,000. The median IP budget per full-time IP lawyer or agent was $1,000,000.
The IP budget, as reported by Corporate IP Department Heads, increased most often among companies with 26-50 full-time IP lawyers and agents, with 57.1% saying so, followed by those with 3-5 full-time IP lawyers and agents (51.7%).
Responding Corporate IP Heads at companies with 1-2 full-time IP lawyers and agents were most likely to report a decrease in IP budgets (35.1%).
8
AIPLA Report of the Economic Survey 2015
INCOME RECEIVED IN 2014 AND PROJECTED FOR 2015, BILLING RATES, AND BILLABLE HOURS Compensation was measured broadly by gross income, which includes salary, partnership income, bonuses, shares of profits, and deferred compensation. Also covered were retirement and savings plans as well as expected total cash income for 2015. In addition, for private practitioners, data were collected for billable hours, rates and the amount billed for legal services. Findings are summarized below:
Primary practice median gross income for 2014 was $237,000 for all participants, up from $210,000 for 2012, and at a historical high. Among the highest earners was private firm partner with a median income of $400,000, a figure that is flat when compared with that reported for 2012, and still below the level reported for 2008 ($415,000).
Median income in 2014 for those in private practice was $250,000, growing from $225,000 reported for 2012, an 11.1% increase. Corporate practitioners also experienced an increase in income, rising from $211,000 in 2012 to a historical high of $240,000, a 13.7% change.
For 2014, the average employer contribution to 401(k) and 403(b) retirement & savings plans was $15,442. The average reported by private firm partners was highest among solo practitioners ($24,802), followed closely by private firm partners ($23,112).
Anticipated total cash income (median) for 2015 for all respondents was $245,311, a 3.5% increase over the actual level reported for 2014. Private firm partners reported the highest median anticipated income for 2015, $400,000 reflecting no change from actual income reported for 2014.
Median billable hours recorded for all individuals in 2014 was 1,580, down from 1,650 reported for 2012. Private firm, associates billed the most hours, 1,750 (median), down from 1,805 in 2012 and is at a historical low. There was also a decrease for partners, from 1,650 in 2012 to 1,500 in 2014, which also represents a record low for that segment.
The median billing rate for all attorneys increased from $350 per hour in 2012 to $380 per hour in 2014. The highest median attorney billing rate was for private firm, partners ($425) and the lowest for solo practitioners ($300), similar to rates reported in 2012.
For 2014, the median dollar amount billed for legal services was $500,286, up from $493,000 reported for 2012. The highest median dollar amount was generated by private firm, partners ($600,000), followed by private firm, of counsel ($551,000); the lowest median was generated by solo practitioners ($215,001).
Hourly billing continues to be the predominant billing basis for 2014, used by 71.0% of all respondents, followed by predetermined fee (26.1%). However, solo practitioners’ bill on an hourly basis 59.6% of the time and use a fixed or predetermined fee 38.4% of the time, very similar to the pattern observed for 2012.
9
AIPLA Report of the Economic Survey 2015
TREND OF MEDIAN INCOMES: 1996-2014 (P. I-3, Q10) All Private Practice, All Corporate Lawyers, and All Survey Respondents $260
! &'
$240
!
Thousands
$220
! !
$200
! $180
!
$160
' &
$140
!
$120
&'
' &
' &
' &
! &'
&! '
&'
! &'
1996
1998
2000
2002
2004
2006
2008
2010
2012
All Respondents
$125
$130
$160
$175
$187
$200
$200
$205
$210
2014 $237
Corporate
$123
$130
$150
$165
$180
$189
$200
$214
$211
$240
Private
$140
$139
$180
$190
$200
$215
$210
$210
$225
$250
! Private & Corporate ' All Respondents
* Income includes Partner income, cash bonus, share of profits and deferred comp.
TREND OF MEDIAN INCOMES FOR PRIVATE PRACTICE ATTORNEYS: 1996-2014 (P. I-3, Q10) Private Solo Practitioners, Private Partners, and Private Associates $450
&
&
&
& Thousands
$350
& &
$250
&
&
&
& !
$150
!
! '
'
'
! ! '
! '
'
'!
'!
'!
'!
2014
$50 1996
1998
2000
2002
2004
2006
2008
2010
2012
Solo
$120
$134
$200
$170
$160
$200
$161
$169
$167
$167
Partner
$228
$230
$286
$300
$300
$345
$415
$374
$400
$400
Associate
$85
$97
$130
$140
$137
$145
$165
$165
!
10
$170 Solo
&
Partner
$173
'
Associate
AIPLA Report of the Economic Survey 2015
GROSS INCOME (2014) BY PRIMARY PRACTICE (P. I-3, Q10) $400,000
Private Partner
$298,000
Corporate IP, Head
$275,000
Corporate Legal, Head Corporate IP, Attorney
$234,500
Private Of Counsel
$230,000
Private Associate
$173,000
Corporate Legal, Attorney
$170,000
Solo Practitioner
$166,800
PTO Admin/Management
$162,500
Corporate IP, Agent
$162,000
Government IP, not PTO
$157,050 $139,000
Corporate Legal, Agent Other
$127,607
Private Agent
$124,000 $96,693
PTO Examiner $0
$100,000
$200,000
$300,000
$400,000
$500,000
Median
BILLABLE HOURS (2014) (P. I-6, Q28) By Practice Type 2000 1800
1,700
1600
1,447
1,750
1,500
1400 1200 1000
800 800 600 400 200 0
Solo
Of Counsel
Partner Median
11
Agent
Associate
AIPLA Report of the Economic Survey 2015
BILLABLE HOURS FOR ALL FULL-TIME PRIVATE PRACTICE ATTORNEYS (P. I-6, Q28) By Years of IP Experience
1,490
1,400 1,200
1400
1,394
1,293
1,495
1,500 1,535 20-24
1,500
1,500 1,599 15-19
1,643
1,800
1,745
1,870
1,750
1,650
1,545
1600
1,580
1800
1,830
2000
1,900
2200
1200
800
1000 800 600 400 200
35-39
30-34
40 or More
2014 Median
25-29
10-14
7-9
5-6
Fewer than 5
Total All
0
2012 Median
TREND OF MEDIAN BILLABLE HOURS FOR PRIVATE PRACTICE ATTORNEYS: 1996-2014 (P. I-6, Q28) Private Solo Practitioners, Private Partners, and Private Associates 2,200 2,000 1,800
' &
' &
' &
' &
' &
&'
1,600
' &
' &
' &
1,400 1,200
' &
!
!
!
!
! !
1,000
!
!
800
!
600
!
400 200 0 1996
1998
2000
2002
2004
2006
2008
2010
2012
Solo
1,120
1,260
1,301
1,203
1,000
1,150
1,080
1,000
683
800
Partner
1,750
1,800
1,800
1,800
1,780
1,800
1,702
1,650
1,650
1,500
Associate
1,850
1,883
1,900
1,900
1,850
1,850
1,820
1,800
1,805
1,750
!
12
Solo
&
Partner
2014
' Associate
AIPLA Report of the Economic Survey 2015
SUMMARY OF SURVEY RESULTS BY PRACTICE TYPE The survey findings reported in aggregate for all respondents are also broken down and summarized for eight major practice types covered—solo practitioner, private firm partner, private firm associate, private firm of counsel, corporate IP department head, corporate IP department attorney, private firm patent agent, and corporate IP department patent agent.
SOLO PRACTITIONER
122 solo practitioners responded to the 2015 survey and reported an average of 21.2 years of IP attorney experience. Just over half (50.8%) held a bachelor’s as their highest degree (other than their law degree), while 36.9% held a master’s degree.
The mean (average) gross income for solo practitioners was $216,692 for 2014, up nine percent from $198,436 in 2012; the median was $166,800 dipping slightly from $167,500 two years ago. The highest median income was reported for the Minnesota-St. Paul PMSA and Other East—$300,000—followed by Los Angeles at $275,000. The lowest median income was reported for Other Southeast—$87,000.
Solo practitioner 401(k)/403(b) employer contributions averaged $24,802 with $25,000 as the median.
Expected median total cash income for 2015 was $150,000, 10.1% below the median actual gross income reported for 2014.
Solo practitioners spent an average of 53.3% of their time engaged directly in IP prosecution work, down somewhat from 56.3% in 2012.
Patent work was the dominant IP area measured in time spent (61.6%), also dropping from 65.0% in 2012.
The average number of new priority US and PCT Patent applications prepared and filed by solo practitioners in 2014 was 19.2, up from 14.3 in 2012. Solo practitioners specializing in computer software reported the highest median number of new US and PCT Patent applications prepared and filed 21.0, up from 15.0, reported two years ago. Medical/Health Care IP specialization was close behind with a median value of 20.0 new priority US and PCT patent applications prepared and filed in 2014.
The median number of billable hours recorded in 2014 by solo practitioners was 800, up from 683 hours in 2012. Billable hours varied by experience, climbing to 1,200 among those with 25-34 years of experience. However, billable hours drop off to 600 hours for those who are likely closer to retirement (those with 35 years or more experience). Billable hours were the highest for those in the Minnesota-St. Paul area at 1,440 (median) hours.
The average hourly billing rate was $321 per hour in 2014, up from $295 in 2012 and 2010.
More than half (59.6%) of services billed were on an hourly basis while 38.4% were based on a predetermined fee, fairly similar to the past two surveys.
The median dollar amount a solo practitioner billed for legal services performed in 2014 was $215,001, up from $180,000 in 2012.
Solo Practitioners indicate that they spent an average of 5.4 hours per week on business development.
13
AIPLA Report of the Economic Survey 2015
2014 GROSS INCOME (P. I-9, Q10) SOLO PRACTITIONER By Years of IP Experience Fewer than 5
Years IP Experience
5-6 7-9 10-14 15-24 25-34 35 or More Total All $0
$100,000
$200,000
$300,000
2014 Income
$400,000
1st Quartile/3rd Quartile
$500,000 Median
Mean
2014 BILLABLE HOURS (P. I-14, Q28) SOLO PRACTITIONER By Years of IP Experience Fewer than 5
Years IP Experience
5-6 7-9 10-14 15-24 25-34 35 or More Total All 0
200
400
600
800
1,000
1,200
1st Quartile/3rd Quartile
14
1,400 Median
1,600 Mean
AIPLA Report of the Economic Survey 2015
AVERAGE HOURLY BILLING RATE (P. I-15, Q29) SOLO PRACTITIONER By Years of IP Experience Fewer than 5
Years IP Experience
5-6 7-9 10-14 15-24 25-34 35 or More Total All $100
$200
$300
$400 1st Quartile/3rd Quartile
15
$500 Median
Mean
AIPLA Report of the Economic Survey 2015
PRIVATE FIRM, PARTNER
On average, the 458 private firm partners had 22.2 years of IP attorney experience, with 66.5% holding a bachelor’s degree as their highest education aside from their law degree.
Gross income for private firm partners averaged $505,316 for 2014, down 1.4% from $512,557 reported for 2012. The median for all participants was $400,000; the highest reported location was the San Francisco CMSA, where the median was $661,000, followed by Texas at $510,000.
Employer contributions to 401(k)/403(b) retirement and savings plans averaged $23,112 with $20,000 as the median, rising 23.1% from $16,250 (median) reported in 2012.
Private firm partners expected their total cash income in 2015 to be a median value of $400,000, and an average of $500,925.
Private firm partners on average spent 42.1% of their time engaged in IP prosecution work, up from 34.4% reported for 2012. In contrast, they spent an average of 15.5% of their time on IP litigation, down from 20.6% two years ago.
The predominant IP work area was patent work, accounting for 68.9% of responding partners’ time.
The mean number of IP lawyers and patent agents employed at all locations reported by the private firm partners responding to this survey was 42.5, a drop of 22.9% from 55.1 reported in 2012.
The number of new priority US and PCT Patent applications prepared and filed by private firm partners in 2014 averaged 26.5, rising from 19.4 in 2012. The median was 15.0 for both surveys.
The typical partner billed 1,500 hours (median) in 2014. This number has been on an overall decline for the last few surveys, and is down 9.9% from 1,650 hours in 2012.
The median average hourly billing rate in 2014 was $425, the same as reported for 2012. The highest rates were in the Los Angeles CMSA and San Francisco CMSA, with medians of $575 and $530 per hour, respectively.
Partner’s billings are done primarily on an hourly basis (70.7%), with 25.8% on a pre-determined fee.
The median dollar amount billed for legal services by private firm partners in 2014 was $600,000, slipping from $610,000 in 2012 (a 1.6% decline).
Private firm partners spent an average of 6.7 hours per week on business development.
16
AIPLA Report of the Economic Survey 2015
2014 GROSS INCOME (P. I-19, Q10) PRIVATE FIRM, PARTNER By Years of IP Experience 5-6
Years IP Experience
7-9
10-14
15-24
25-34
35 or More
Total All $0
$100,000
$200,000
$300,000
$400,000
$500,000
2014 Income
$600,000
1st Quartile/3rd Quartile
$700,000 Median
$800,000 Mean
2014 BILLABLE HOURS (P. I-24, Q28) PRIVATE FIRM, PARTNER By Years of IP Experience 5-6
Years IP Experience
7-9
10-14
15-24
25-34
35 or More
Total All 500
700
900
1,100
1,300
1,500
1,700
1st Quartile/3rd Quartile
17
1,900 Median
Mean
AIPLA Report of the Economic Survey 2015
AVERAGE HOURLY BILLING RATE (P. I-25, Q29) PRIVATE FIRM, PARTNER By Years of IP Experience 5-6
Years IP Experience
7-9
10-14
15-24
25-34
35 or More
Total All $100
$200
$300
$400
$500
$600
1st Quartile/3rd Quartile
$700
Median
Mean
DOLLAR AMOUNT BILLED FOR LEGAL SERVICES PERFORMED IN 2014 (P. I-27, Q26) PRIVATE FIRM, PARTNER By Years of IP Experience 5-6
Years IP Experience
7-9
10-14
15-24
25-34
35 or More
Total All $50,000
$200,000
$350,000
$500,000
$650,000
$800,000
$950,000
1st Quartile/3rd Quartile
18
Median
$1,100,000 Mean
AIPLA Report of the Economic Survey 2015
PRIVATE FIRM, ASSOCIATE
There were 288 private firm associates who participated in the 2015 survey, and averaged 7.9 years of IP attorney experience. The highest education degree held (other than a law degree) was a bachelor’s, held by 62.5% of private firm associates.
The average total gross income for private firm associates was $183,021, dipping slightly from $188,093 in 2012. The 2014 median is at $173,000, inching up from $170,000 reported in 2012.
Employer contributions to private firm associates’ 401(k)/403(b) retirement and savings plans averaged $7,828 with $6,000 as the median, very similar to what was reported in 2012.
The expected median cash income for associates in 2015 was $175,000. Respondents in NYC CMSA had the highest median expected cash income of $255,000.
Private firm associates spent over half (56.1%) their time directly on IP prosecution work.
Patent work was the predominant IP work area, accounting for an average of 77.0% of associates’ time.
The mean number of full-time IP lawyers and patent agents employed at all private firm locations represented by the associates responding to this year’s survey was down sharply, from 74.3 in 2012 to 59.6 in 2014.
New priority US and PCT patent applications prepared and filed by private firm associates averaged 18.0 in 2014, similar to 17.8 in 2012.
Median billable hours reported for associates for 2014 was 1,750, dropping from 1,805 hours in 2012.
The median average hourly billing rate for private firm associates increased from $305 in 2012 to $315 in 2014. In 2014, the rate ranged from $250 for firms with 3-5 IP attorneys and agents, up to $425 for those with more than 150.
Hourly billing was used most often by private firm associates, averaging 75.6% of all billings. A predetermined fee option was the second most often used, 22.8% of the time.
The median dollar amount billed for legal services by private firm associates in 2014 was $465,000, up from $455,000 in 2012 but short of the $467,335 observed in 2010. The median amount billed for legal services increased with the number of IP attorneys, ranging from $273,400 for 1-2 IP attorneys, up to $715,000 for firms with more than 150 IP lawyers and agents.
Private firm associates spent an average of 4.2 hours per week on business development.
19
AIPLA Report of the Economic Survey 2015
2014 GROSS INCOME (P. I-29, Q10) PRIVATE FIRM, ASSOCIATE By Years of IP Experience Fewer than 5
Years IP Experience
5-6 7-9 10-14 15-24 25-34 35 or More Total All $100,000
$150,000
$200,000
$250,000
2014 Income
$300,000 1st Quartile/3rd Quartile
$350,000 Median
Mean
2014 BILLABLE HOURS (P. I-35, Q28) PRIVATE FIRM, ASSOCIATE By Years of IP Experience Fewer than 5
Years IP Experience
5-6 7-9 10-14 15-24 25-34 35 or More Total All 500
1,000
1,500
2,000 1st Quartile/3rd Quartile
20
2,500 Median
Mean
AIPLA Report of the Economic Survey 2015
AVERAGE HOURLY BILLING RATE (P. I-36, Q29) PRIVATE FIRM, ASSOCIATE By Years of IP Experience Fewer than 5
Years IP Experience
5-6 7-9 10-14 15-24 25-34 35 or More Total All $100
$200
$300
$400
$500
1st Quartile/3rd Quartile
$600 Median
Mean
DOLLAR AMOUNT BILLED FOR LEGAL SERVICES PERFORMED IN 2014 (P. I-39, Q26) PRIVATE FIRM, ASSOCIATE By Years of IP Experience
Fewer than 5
Years IP Experience
5-6 7-9 10-14 15-24 25-34 35 or More Total All $200,000
$300,000
$400,000
$500,000
$600,000
$700,000
1st Quartile/3rd Quartile
21
Median
$800,000 Mean
AIPLA Report of the Economic Survey 2015
PRIVATE FIRM, OF COUNSEL
The 38 of counsel private firm attorneys who participated in the 2015 survey averaged 22.2 years of IP attorney experience. The highest educational degree held most often, other than a law degree, was a bachelors (50.0%).
The average total gross income for of counsel attorneys was $239,153, with a median of $230,000.
Employer’s median 2014 contribution to the of counsel responding attorneys’ 401(k)/403(b) was $7,486.
Of counsel attorneys reported expecting median cash income in 2015 to be $240,000, an increase of 4.3% from the median actual income received in 2014.
More than two-fifths (43.8%) of private firm of counsel attorneys’ time is spent directly on IP prosecution work, and slightly less than one-fifth (19.4%) of their time is spent on IP litigation.
Patent work was the predominant IP work area, accounting for an average of 77.7% of all of counsel attorneys’ time.
The mean number of full-time IP lawyers and patent agents employed at all private firm locations represented by the of counsel attorneys responding was 76.8, continuing an increase observed in 2012 (71.6), and up from the 66.1 reported in 2010.
New priority US and PCT patent applications prepared and filed by private firm of counsel averaged 24.4 in 2014, moving up from 16.4 in 2012, which had been an increase from 13.6 reported in 2010.
Median billable hours recorded in 2014 by of counsel respondents were 1,447, up from 1,400 hours reported in 2012.
The median average hourly billing rate for private firm of counsel attorneys was $420, up 20.0% from $350 reported in 2012.
Hourly billing was used most often by private firm of counsel attorneys, averaging 82.6% of all services billed. A predetermined fee option was the second most often used, but it was only used 14.8% of the time.
The median dollar amount billed for legal services by private firm of counsel attorneys in 2014 was $551,000.
Of the responding firm of counsel attorneys, the average number of hours spent per week on business development was 5.7.
22
AIPLA Report of the Economic Survey 2015
2014 GROSS INCOME (P. I-41, Q10) PRIVATE FIRM, OF COUNSEL By Years of IP Experience
7-9
Years IP Experience
10-14
15-24
25-34
35 or More
Total All $0
$50,000
$100,000
$150,000
$200,000
$250,000
2014 Income
$300,000
$350,000
1st Quartile/3rd Quartile
$400,000
Median
Mean
Median
Mean
2014 BILLABLE HOURS (P. I-44, Q28) PRIVATE FIRM, OF COUNSEL By Years of IP Experience
Years IP Experience
10-14
15-24
35 or More
Total All
500
750
1,000
1,250
1,500
1,750
1st Quartile/3rd Quartile
23
2,000
AIPLA Report of the Economic Survey 2015
AVERAGE HOURLY BILLING RATE (P. I-45, Q29) PRIVATE FIRM, OF COUNSEL By Years of IP Experience
Years IP Experience
10-14
15-24
25-34
35 or More
Total All
$300
$350
$400
$450
$500
$550
$600
1st Quartile/3rd Quartile
$650
Median
Mean
DOLLAR AMOUNT BILLED FOR LEGAL SERVICES PERFORMED IN 2014 (P. I-47, Q26) PRIVATE FIRM, OF COUNSEL By Years of IP Experience
Years IP Experience
10-14
15-24
35 or More
Total All
$0
$200,000
$400,000
$600,000 1st Quartile/3rd Quartile
24
$800,000 Median
Mean
AIPLA Report of the Economic Survey 2015
HEAD OF CORPORATE IP DEPARTMENT
The average number of years of IP experience of the 109 responding heads of corporate IP departments was 19.6 years.
Average total gross income in 2014 was $360,435; the median was $298,000, an 8.4% increase in the median reported in 2012 ($275,000). The heads of corporate IP departments with no subordinates reported a median income of $240,000, while those with 1-5 subordinates reported a median income of $285,000.
Employer contributions to 401(k)/403(b) retirement and savings plans averaged $14,550 with $12,000 as the median.
Median cash income expected for 2015 was $300,000, unchanged from what was expected for 2013, and just slightly higher than the actual $298,000 reported for 2014.
The typical corporate IP head primarily devoted their time to IP prosecution work (18.5%), but also spent 11.6% of their time on supervision and training of other attorneys or agents within the organization, 11.0% on managing outside counsel for IP prosecution work, and 10.1% on office management and administration.
On average, patent work accounted for 52.6% of IP time spent by corporate IP department heads.
The average number of IP lawyers and patent agents employed by the respondents’ companies at all locations was 13.6, continuing the downward trend observed in 2012, when the average fell to 15.1, down from 18.3 lawyers and agents employed in 2010.
New priority US and PCT patent applications prepared and filed by heads of corporate IP departments in 2014 averaged 14.4, up from 9.9 reported for 2012.
More than half (53.9%) of responding corporate IP department heads have 1-5 IP lawyers and patent agents reporting directly or indirectly.
The average corporate IP budget per full-time IP lawyer or agent as reported by the heads of corporate IP departments was $1,431,644.
Approximately one-third (36.7%) of corporate IP heads reported an increase in their annual IP budget, with an average change of 1.3%. Economic growth was cited by 38.7% of these respondents as the reason for the budget change. 2014 GROSS INCOME (P. I-49, Q10) HEAD OF CORPORATE IP DEPARTMENT By Years of IP Experience 5-6
Years IP Experience
7-9
10-14
15-24
25-34
35 or More
Total All $0
$200,000
$400,000
$600,000
2014 Income
25
$800,000
$1,000,000
1st Quartile/3rd Quartile
Median
$1,200,000 Mean
AIPLA Report of the Economic Survey 2015
CORPORATE IP DEPARTMENT, ATTORNEY
Corporate IP department attorneys who participated in the 2015 survey (142) had an average of 15.1 years of IP experience.
Average total gross income for 136 corporate IP department attorneys in 2014 was $252,411. The median for 2014 was $234,500, an 11.7% increase over the median gross income reported for 2012. Overall, gross income rose with experience, as well as by an increase in the number of direct and indirect reports.
Employer contributions to 401(k)/403(b) retirement and savings plans for corporate IP department attorneys averaged $12,183, up 18.9% from $10,243 in 2012. The median also reflected an increase from $8,957 in 2012 to $10,000 in 2014.
The average expected cash income for 2015 was $266,332, which is 5.5% higher than what was reported to be earned on average in 2014.
On average, corporate IP department attorneys spent 33.9% of their time on IP prosecution work, 15.2% managing outside IP prosecution, and another 10.3% on opinions counseling prior to litigation or formal ADR.
Patent work was the predominant IP work area, accounting on average for 64.5% of time spent by corporate IP department attorneys.
The average number of IP lawyers and patent agents employed by the respondents’ companies at all locations was 29.0, down from 38.6 in 2012.
New priority US and PCT patent applications prepared and filed by corporate IP department attorneys in 2014 averaged 24.1, nearly double the number reported in 2012 (12.9). The median values, however, were much more similar – 8.0 in 2014 and 9.0 in 2012.
More than six in 10 responding corporate IP department attorneys reported having no direct or indirect reports, and 29.5% had 1-5 reports.
2014 GROSS INCOME (P. I-63, Q10) ATTORNEY, CORPORATE IP DEPARTMENT By Years of IP Experience Fewer than 5
Years IP Experience
5-6 7-9 10-14 15-24 25-34 35 or More Total All $0
$100,000
$200,000
$300,000
2014 Income
26
$400,000
1st Quartile/3rd Quartile
$500,000 Median
Mean
AIPLA Report of the Economic Survey 2015
PRIVATE FIRM, PATENT AGENT
Nearly five in 10 of the 32 private firm patent agents responding (48.4%) had a doctorate while 32.3% had a master’s degree, and an average of 15.9 years of IP experience.
The median total income from 2014 for responding private firm patent agents was $124,000, rising 12.7% from $110,000 reported for 2012.
Based on median values, agents with a bachelor’s degree ($142,500) out-earned those with a master’s degree ($112,000) or those with a doctorate ($123,000).
The median expected total cash income for 2015 was $130,000, 4.8% higher than 2014 reported median gross income.
Private firm agents spent 64.1% of their time on IP prosecution work and 11.0% on IP litigation. Patents took up most of the private firm agents’ IP time (85.7%).
The average number of IP lawyers and patent agents employed by the respondents’ firms at all locations was 84.8.
New priority US and PCT patent applications prepared and filed by private firm agents in 2014 averaged 47.3. The median, however, was 9.0 for 2014 and 10.0 for 2012.
The median billable hours reported by private firm agents for 2014 was 1,700 and the median billing rate was $285 per hour, compared to 1,543 hours billed in 2012 and a rate of $238.
The median dollar amount billed for legal services in 2014 by private firm agents was $400,608, up from $338,000 reported for 2012.
2014 GROSS INCOME (P. I-70, Q10) PATENT AGENT, PRIVATE FIRM By Number of Attorneys 1-2
Number of Attorneys
11-25
26-50
51-100
101-150
More than 150
Total All $0
$70,000
$140,000
$210,000
$280,000
2014 Income
27
$350,000
1st Quartile/3rd Quartile
$420,000 Median
Mean
AIPLA Report of the Economic Survey 2015
CORPORATE IP DEPARTMENT, PATENT AGENT
Only 15 agents who worked in a corporate IP department participated in the 2015 survey and averaged 9.2 years of IP experience.
A doctorate was the most prevalent degree held by 73.3% of all respondents.
Median gross income for 2014 equaled $162,000 based on 15 participants, compared to a median gross income of $132,500 in 2012, based on 30 participants.
Expected median total cash income for 2015 was $165,000.
More than half (51.3%) of the corporate patent agent time was devoted to IP prosecution work.
The average number of IP lawyers and patent agents employed by the respondent’s firm at all locations was 29.6.
2014 GROSS INCOME (P. I-74, Q10) PATENT AGENT, CORPORATE IP DEPARTMENT By Number of Attorneys
Number of Attorneys
1-2
26-50
Total All
$75,000
$100,000
$125,000
$150,000
2014 Income
28
$175,000
$200,000
1st Quartile/3rd Quartile
Median
$225,000 Mean
AIPLA Report of the Economic Survey 2015
TYPICAL CHARGES FOR IP LAW SERVICES Survey respondents were asked to report typical charges for 38 IP law services—but only if they had been personally responsible for a representative sample of the work involved either as a service provider or as a service purchaser. Charges were to be based on cases with no unusual complications and were to include legal services only (no copy, drawing, or government fees). The 38 services were grouped under four headings: Trademarks (including Service Marks) (11 services), US Utility Patents (18 services), Foreign Origin and Foreign Patents (six services), and US Design Patents, Plant Patents, and Copyrights (three services). The median charge for each service in 2004, 2006, 2008, 2012 and 2014 is provided below. 2004
2006
2008
2010
2012
2014
$950 650 1,000 300 3,000 400 500 500
$1, 000 673 1,000 300 3,000 400 500 500
$1, 000 700 1,200 350 3,500 450 500 500
$1, 000 700 1,000 350 3,000 450 500 500
$1,000 700 1,000 350 2,500 463 500 500
$1,000 750 1,000 398 3,000 500 500 600
700 N/A N/A
700 N/A N/A
800 N/A N/A
750 2,400 2,000
700 2,400 1,500
800 3,000 2,750
$6,000 3,000 12,000 10,000 8,000 1,500 3,000
$6,500 3,500 12,000 10,000 8,600 1,600 3,000
$7,000 3,500 12,000 10,000 9,000 1,850 3,200
$7,000 3,500 10,500 10,000 9,000 1,800 3,000
$6,500 3,500 10,000 10,000 8,500 1,800 3,000
$7,000 4,000 10,250 10,000 9,000 2,000 3,200
2,800
3,000
3,000
3,000
3,000
3,000
2,500 3,600 6,500 500 7,500 200 1,500 10,000 10,000 15,000
2,500 4,000 6,500 500 9,500 250 2,000 13,000 10,000 20,000
2,500 4,500 8,000 500 10,000 250 2,000 12,000 10,000 18,000
2,500 4,000 7,500 500 10,000 250 2,000 10,000 10,000 15,000
2,500 4,000 7,000 500 15,000 250 2,000 10,000 10,000 15,000
2,900 4,000 9,000 600 12,000 250 2,000 10,000 10,000 15,000
$900 800 900
$1,000 900 1,000
$1,000 900 1,000
$1,000 875 1,000
$950 800 998
$1,000 800 1,000
800 606
900 750
1,000 800
1,000 800
1,000 760
1,000 750
200
250
250
250
250
250
$1,500 2,000 300
$1,500 2,000 300
$1,500 2,000 350
$1,500 2,300 395
$1,500 1,500 350
$1,500 3,500 400
Median Charges for Services TRADEMARKS Clearance search Registration application Prosecution Statement of use Appeal to the Board Section 8 and 15 declaration Renewal application Filing foreign origin registration application received ready for filing Filing for an international trademark Preparing for a UDRP petition Responding to a UDRP petition US UTILITY PATENTS Original (not divisional, continuation, or CIP) non-provisional application on invention of minimal complexity Provisional application Original application, relatively complex—biotech/chemical Original application, relatively complex—electrical/computer Original application, relatively complex—mechanical Application amendment/argument of minimal complexity Application amendment/argument, relatively complex— biotech/chemical Application amendment/argument, relatively complex— electrical/computer Application amendment/argument, relatively complex—mechanical Appeal to Board without oral argument Appeal to Board with oral argument Issuing an allowed application Ex parte re-exam Paying a maintenance fee Novelty search Validity/invalidity only opinion per patent Infringement/non-infringement only opinion per patent Combination validity and infringement per patent FOREIGN ORIGIN AND FOREIGN PATENTS Filing in USPTO, received ready for filing Filing non-PCT application abroad, per country Filing previously prepared US application as PCT application in US Entering National Stage in US Receiving Office from foreign origin Entering National Stage in each foreign receiving office from US origin Paying an annuity or maintenance fee US DESIGN PATENTS, PLANT PATENTS, AND COPYRIGHTS US design patent application US plant patent application Copyright registration application
29
AIPLA Report of the Economic Survey 2015
Survey respondents were also asked to indicate the type of fee primarily used for each of the 38 services. The data this year are displayed based on the answer to these questions. A number of the reported median fees charged are the same whether it be primarily fixed fee or hourly. Median hourly fees are otherwise likely to be higher than the median fixed fees. However, Trademarks, filing foreign origin registration application received ready for filing, and US Utility Patents, ex parte re-exam fees recorded hourly median fees that were lower than the median fixed fees. The largest difference in fees was $3,500 for US Utility Patents, original utility application, relatively complex – biotechnology/chemical (preparation and filing). Median Charges for Services TRADEMARKS Clearance search Registration application Prosecution Statement of use Appeal to the Board Section 8 and 15 declaration Renewal application Filing foreign origin registration application received ready for filing Filing for an international trademark Preparing for a UDRP petition Responding to a UDRP petition US UTILITY PATENTS Original (not divisional, continuation, or CIP) non-provisional application on invention of minimal complexity Provisional application Original application, relatively complex—biotech/chemical Original application, relatively complex—electrical/computer Original application, relatively complex—mechanical Application amendment/argument of minimal complexity Application amendment/argument, relatively complex— biotech/chemical Application amendment/argument, relatively complex— electrical/computer Application amendment/argument, relatively complex—mechanical Appeal to Board without oral argument Appeal to Board with oral argument Issuing an allowed application Ex parte re-exam Paying a maintenance fee Novelty search Validity/invalidity only opinion per patent Infringement/non-infringement only opinion per patent Combination validity and infringement per patent FOREIGN ORIGIN AND FOREIGN PATENTS Filing in USPTO, received ready for filing Filing non-PCT application abroad, per country Filing previously prepared US application as PCT application in US Entering National Stage in US Receiving Office from foreign origin Entering National Stage in each foreign receiving office from US origin Paying an annuity or maintenance fee US DESIGN PATENTS, PLANT PATENTS, AND COPYRIGHTS US design patent application US plant patent application Copyright registration application
30
FIXED FEE
RESPONDENT COUNT
HOURLY
RESPONDENT COUNT
$883 750 1,000 365 2,475 498 500 600
152 219 36 175 10 164 153 100
$1,200 850 1,000 500 3,000 500 500 525
125 79 199 77 95 71 61 39
800 2,500 1,500
77 27 11
800 3,000 3,500
57 59 51
$7,000 3,500 8,500 9,000 8,000 2,000 2,825
205 158 67 135 120 123 54
$7,000 4,500 12,000 10,100 9,000 2,000 3,500
303 292 141 188 220 315 160
2,500
109
3,250
212
2,500 3,500 6,000 500 15,000 250 1,650 10,000 9,000 15,000
102 74 20 180 13 174 100 39 42 27
3,000 4,500 9,000 600 12,000 270 2,500 10,000 10,000 15,000
245 236 106 190 79 99 202 215 216 177
$945 800 1,000
190 146 178
$1,200 1,000 1,000
115 113 133
945 750 250
164 144 174
1,100 750 250
120 126 74
$1,500 2,500 400
126 6 106
$2,000 4,750 450
162 16 69
AIPLA Report of the Economic Survey 2015
TYPICAL CHARGES AND COSTS FOR TRADEMARKS (INCLUDING SERVICE MARKS) (P. I-76 to I-83, Q31a-Q31d & Q31f-Q31i) Clearance Search, Analysis/Opinion
Registration Application (Prep/Filing)
Prosecution (Total-not appeals)
Statement of Use (Prep/Filing)
Section 8 & 15 Declaration (Prep/Filing)
Renewal Application (Prep/Filing)
File Foreign Origin App-Ready for Filing
File for Int'l Trademark $0
$500
$1,000
$1,500
$2,000
1st Quartile/3rd Quartile
Median
$2,500 Mean
TYPICAL CHARGES AND COSTS FOR TRADEMARKS (INCLUDING SERVICE MARKS) (P. I-77, I-79, I-81 & I-83, Q31e & Q31j-Q31k)
Appeal to the Board (Briefed/Argued)
Prepare for a UDRP Petition
Responding to a UDRP Petition
$0
$1,000
$2,000
$3,000
$4,000 1st Quartile/3rd Quartile
31
$5,000 Median
$6,000 Mean
AIPLA Report of the Economic Survey 2015
TYPICAL CHARGES AND COSTS FOR US UTILITY PATENTS (P. I-84 to I-87, I-88 & I-90 to I-93, I-94 Q32a-Q32l, Q32n) Original Non-Provisional (Prep/File) Provisional Patent App Original App - Biotech/Chemical (Prep/File) Original App - Electrical/Computer (Prep/File) Original App - Mechanical (Prep/File) App Amend/Argue Minimal Complexity App Amend/Argue Biotech/Chemical App Amend/Argue Electrical/Computer App Amend/Argue Mechanical Appeal to Board - No Oral Argument Appeal to Board - With Oral Argument Issue Allowed Application All PostAllowance Act. Maintenance Fee $0
$2,000
$4,000
$6,000
$8,000 $10,000 $12,000 $14,000 $16,000 1st Quartile/3rd Quartile
Median
Mean
TYPICAL CHARGES AND COSTS FOR US UTILITY PATENTS (P. I-88 to I-89 & I-94 to I-95, Q32m, Q32o-Q32r) Ex parte Re-Exam
Utility Patent Search/Analysis/Opinion
Validity/Invalidity Only Opinion
Infringement/ Non-Infringement Only Opinion
Combination Validity & Infringement Opinion $0
$5,000
$10,000
$15,000
$20,000
1st Quartile/3rd Quartile
32
$25,000 Median
$30,000 Mean
AIPLA Report of the Economic Survey 2015
TYPICAL CHARGES AND COSTS FOR FOREIGN ORIGIN AND FOREIGN PATENTS (P. I-96 to I-99, Q33a-Q33f) Filing foreign origin utility patent application in USPTO Filing non-PCT patent application abroad Filing previously prepared US patent application as PCT application in US Receiving Office
Entering National Stage in US Receiving Office from foreign origin PCT application Entering National Stage in each foreign Receiving Office from US origin PCT application Paying an annuity or maintenance fee
$0
$500
$1,000
$1,500 1st Quartile/3rd Quartile
$2,000 Median
Mean
TYPICAL CHARGES AND COSTS FOR US DESIGN AND PLANT PATENTS AND COPYRIGHTS (P. I-100 to I-101, Q34a-Q34c)
US Design Patent App (Prep/File)
US Plant Patent App (Prep/File)
Copyright Registration (Prep/File)
$0
$500
$1,000
$1,500
$2,000
$2,500
$3,000
$3,500
$4,000
$4,500
1st Quartile/3rd Quartile
33
$5,000 Median
$5,500 Mean
AIPLA Report of the Economic Survey 2015
TYPICAL TYPE OF FEE FOR IP LAW SERVICE CHARGES For a Trademark Prosecution (total, including amendments and interviews but not appeals), 79.8% of respondents primarily billed hourly, this is down slightly from the 83.1% reported in 2013. Trademark Appeal to the Board (Briefed and Argued) was primarily billed hourly by 82.2% of respondents. US Utility Patents charges were primarily billed hourly (by more than 80% of respondents) for the following: Appeal to the Board in utility patent application with oral argument, Ex parte re-exam, Validity/Invalidity Only Opinion, per patent, Infringement/ Non-Infringement Only Opinion, per patent, and Combination Validity and Infringement, per patent. Issuing an allowed application (All post-allowance activity) is billed primarily by 47.0% of respondents as a fixed fee. For most Foreign Origin and Foreign Patent fees, respondents are split evenly with approximately half using fixed fees and the other half using hourly fees. The exception was paying an annuity or maintenance fee—63.4% of respondents reported fixed fees primarily. US plant patent application preparation and filing was reported as being billed on an hourly basis by 66.1% of respondents, while 12.8% reported using an “other” method primarily.
TYPE OF FEE PRIMARILY USED IN 2014 FOR TRADEMARKS: (P. I-102, Q31a-Q31k) Clearance Search, Analysis/Opinion Registration Application (Prep/Filing) Prosecution (Total-not appeals) Statement of Use (Prep/Filing) Appeal to the Board (Briefed/Argued) Section 8 & 15 Declaration (Prep/Filing) Renewal Application (Prep/Filing) File Foreign Origin App-Ready for Filing File for Int'l Trademark Prepare a UDRP Petition Respond to a UDRP Petition 0%
20%
40%
60%
80% Fixed Fee
34
100% Hourly
Other
AIPLA Report of the Economic Survey 2015
TYPE OF FEE PRIMARILY USED IN 2014 FOR US UTILITY PATENTS: (P. I-103, Q32a-Q32r) Original Non-Provisional (Prep/File) Provisional Patent App Original App - Biotech/Chemical (Prep/File) Original App - Electrical/Computer (Prep/File) Original App - Mechanical (Prep/File) App Amend/Argue Minimal Complexity App Amend/Argue Biotech/Chemical App Amend/Argue Electrical/Computer App Amend/Argue Mechanical Appeal to Board - No Oral Argument Appeal to Board - With Oral Argument Issue Allowed App All Post-Allowance Activity Ex parte Re-Exam Maintenance Fee Utility Patent Search/Analysis/Opinion Validity/Invalidity Only Opinion Infringement/ Non-Infringement Only Opinion Comb. Validity & Infringement Opinion
0%
20%
40%
60%
80% Fixed Fee
100% Hourly
Other
TYPE OF FEE PRIMARILY USED IN 2014 FOR FOREIGN ORIGIN PATENTS: (P. I-104, Q33a-Q33f)
File Foreign Origin in U.S. PTO
File non-PCT Patent App Abroad
File Prep'd US App as PCT App in US Rcvg Office
Enter Nat'l Stage in US Rcvg Office from Foreign Origin PCT App Enter Nat'l Stage in each Foreign Rcvg Office from U.S. Origin PCT App
Maintenance Fee
0%
20%
40%
60%
80% Fixed Fee
35
100% Hourly
Other
AIPLA Report of the Economic Survey 2015
TYPE OF FEE PRIMARILY USED IN 2014 FOR OTHER US PATENTS AND COPYRIGHTS: (P. I-104, Q34a-Q34c)
US Design Patent App (Prep/File)
US Plant Patent App (Prep/File)
Copyright Registration (Prep/File)
0%
20%
40%
60%
80% Fixed Fee
36
100% Hourly
Other
AIPLA Report of the Economic Survey 2015
TYPICAL COSTS OF LITIGATION Survey participants were asked to provide cost estimates, but only for the types of litigation they had personal knowledge of, either as a service provider (attorney in private practice) or as a purchaser (corporate counsel), and were engaged in recently. “Total cost” was requested, including outside legal and paralegal services, local counsel, associates, paralegals, travel and living expenses, fees and costs for court reporters, photocopies, courier services, exhibit preparation, analytical testing, expert witnesses, translators, surveys, jury advisors, and similar expenses. Participants were also asked to estimate based on a single IP asset (i.e., one patent at issue, one trademark). The following table reports median litigation costs for Patent Infringement, All Varieties, Patent Infringement Pursuant to the Hatch-Waxman Act, Patent Infringement by Non-Practicing Entity, Section 337 Patent Infringement Action in the International Trade Commission, Inter Partes Proceedings, Trademark Infringement, Trademark Opposition/Cancellation, Copyright Infringement, and Trade Secret Misappropriation. In this year’s survey, the cost of the action up through mediation was collected for the various types of litigation costs. Within Patent Infringement Suits, All Varieties median costs have generally stayed the same or dropped slightly from 2013, with the exception of end of discovery for less than $1 million at risk. For Patent Infringement Pursuant to Hatch-Waxman, the median decreased for all values at risk inclusive, all costs except for when there was less than $1 million at risk. The median costs for Patent Infringement Suits, Defending Claims of Patent Infringement by Non-Practicing Entity was down from 2013 in most cases, while for Patent Infringement Suit, Section 337 litigation, the median cost is up from 2013 in nearly all cases. Median costs are also up in Trademark Infringement Suits inclusive of all costs for all values at risk except $1-$10 million. Most copyright infringement suit median costs are down from 2013, and the median trade secret misappropriation suit end of discovery costs have decreased or remained the same when compared to 2013. Mediation (median) costs, in general, rose as the value at risk rose. MEDIAN LITIGATION COSTS 2005
2007
PATENT INFRINGEMENT SUIT, ALL VARIETIES LESS THAN $1 MILLION AT RISK End of discovery $350 $350 Inclusive, all costs 650 600 Mediation N/A N/A $1-$10 MILLION AT RISK End of discovery N/A N/A Inclusive, all costs N/A N/A Mediation N/A N/A $10-$25 MILLION AT RISK End of discovery N/A N/A Inclusive, all costs N/A N/A Mediation N/A N/A MORE THAN $25 MILLION AT RISK End of discovery $3,000 $3,000 Inclusive, all costs 4,500 5,000 Mediation N/A N/A PATENT INFRINGEMENT PURSUANT TO THE HATCH-WAXMAN ACT (I.E., "ANDA LITIGATION") LESS THAN $1 MILLION AT RISK End of discovery N/A N/A Inclusive, all costs N/A N/A Mediation N/A N/A $1-$10 MILLION AT RISK End of discovery N/A N/A Inclusive, all costs N/A N/A Mediation N/A N/A
37
$000S 2009
2011
2013
2015
$350 650 N/A
$350 650 N/A
$350 700 N/A
$400 600 100
N/A N/A N/A
N/A N/A N/A
$1,000 2,000 N/A
$950 2,000 200
N/A N/A N/A
N/A N/A N/A
$2,000 3,325 N/A
$1,900 3,100 250
$3,000 5,500 N/A
$3,000 5,000 N/A
$3,000 5,500 N/A
$3,000 5,000 300
N/A N/A N/A
N/A N/A N/A
$300 513 N/A
$350 650 75
N/A N/A N/A
N/A N/A N/A
$1,000 1,800 N/A
$1,000 $1,500 200
AIPLA Report of the Economic Survey 2015
$000S 2009
MEDIAN LITIGATION COSTS (CONTINUED)
2005 2007 $10-$25 MILLION AT RISK End of discovery N/A N/A N/A Inclusive, all costs N/A N/A N/A Mediation N/A N/A N/A MORE THAN $25 MILLION AT RISK End of discovery N/A N/A N/A Inclusive, all costs N/A N/A N/A Mediation N/A N/A N/A PATENT INFRINGEMENT SUIT, DEFENDING CLAIMS OF PATENT INFRINGEMENT BY NON-PRACTICING ENTITY LESS THAN $1 MILLION AT RISK End of discovery N/A N/A N/A Inclusive, all costs N/A N/A N/A Mediation N/A N/A N/A $1-$10 MILLION AT RISK End of discovery N/A N/A N/A Inclusive, all costs N/A N/A N/A Mediation N/A N/A N/A $10-$25 MILLION AT RISK End of discovery N/A N/A N/A Inclusive, all costs N/A N/A N/A Mediation N/A N/A N/A MORE THAN $25 MILLION AT RISK End of discovery N/A N/A N/A Inclusive, all costs N/A N/A N/A Mediation N/A N/A N/A PATENT INFRINGEMENT SUIT, SECTION 337 LESS THAN $1 MILLION AT RISK End of discovery N/A N/A N/A Inclusive, all costs N/A N/A N/A Mediation N/A N/A N/A $1-$10 MILLION AT RISK End of discovery N/A N/A N/A Inclusive, all costs N/A N/A N/A Mediation N/A N/A N/A $10-$25 MILLION AT RISK End of discovery N/A N/A N/A Inclusive, all costs N/A N/A N/A Mediation N/A N/A N/A MORE THAN $25 MILLION AT RISK End of discovery N/A N/A N/A Inclusive, all costs N/A N/A N/A Mediation N/A N/A N/A INTER PARTES PROCEEDINGS Through filing petition N/A N/A N/A Through end of motion practice N/A N/A N/A Through PTAB hearing N/A N/A N/A Through appeal N/A N/A N/A TRADEMARK INFRINGEMENT SUIT LESS THAN $1 MILLION AT RISK End of discovery $200 $150 $175 Inclusive, all costs 300 255 300 Mediation N/A N/A N/A $1-$10 MILLION AT RISK End of discovery N/A N/A N/A Inclusive, all costs N/A N/A N/A Mediation N/A N/A N/A $10-$25 MILLION AT RISK End of discovery N/A N/A N/A Inclusive, all costs N/A N/A N/A Mediation N/A N/A N/A 38
2011
2013
2015
N/A N/A N/A
$2,500 4,000 N/A
$1,500 3,000 200
N/A N/A N/A
$3,250 6,000 N/A
$3,000 5,000 3,000
N/A N/A N/A
$300 600 N/A
$300 500 100
N/A N/A N/A
$750 1,250 N/A
$570 1,000 113
N/A N/A N/A
$1,500 2,400 N/A
$1,200 2,000 200
N/A N/A N/A
$2,500 4,000 N/A
$2,000 3,750 213
N/A N/A N/A
$375 550 N/A
$500 750 100
N/A N/A N/A
$750 1,800 N/A
$1,000 1,600 113
N/A N/A N/A
$1,500 3,000 N/A
$2,000 4,000 150
N/A N/A N/A
$3,000 5,000 N/A
$3,250 5,000 250
N/A N/A N/A N/A
N/A N/A N/A N/A
$80 200 275 350
$200 350 N/A
$150 300 N/A
$150 325 50
N/A N/A N/A
$350 550 N/A
$263 500 75
N/A N/A N/A
$500 1,000 N/A
$400 720 100
AIPLA Report of the Economic Survey 2015
2007
$000S 2009
$750 1,250 N/A
$600 1,250 N/A
$750 1,400 N/A
$50 80
$50 75
$138 250 N/A
MEDIAN LITIGATION COSTS (CONTINUED) 2005 MORE THAN $25 MILLION AT RISK End of discovery Inclusive, all costs Mediation TRADEMARK OPPOSITION/CANCELLATION End of discovery Inclusive, all costs COPYRIGHT INFRINGEMENT SUIT LESS THAN $1 MILLION AT RISK End of discovery Inclusive, all costs Mediation $1-$10 MILLION AT RISK End of discovery Inclusive, all costs Mediation $10-$25 MILLION AT RISK End of discovery Inclusive, all costs Mediation MORE THAN $25 MILLION AT RISK End of discovery Inclusive, all costs Mediation TRADE SECRET MISAPPROPRIATION SUIT LESS THAN $1 MILLION AT RISK End of discovery Inclusive, all costs Mediation $1-$10 MILLION AT RISK End of discovery Inclusive, all costs Mediation $10-$25 MILLION AT RISK End of discovery Inclusive, all costs Mediation MORE THAN $25 MILLION AT RISK End of discovery Inclusive, all costs Mediation
2011
2013
2015
$1,000 1,500 N/A
$750 1,500 N/A
$900 1,600 100
$50 80
$50 90
$50 80
$50 95
$150 290 N/A
$150 300 N/A
$200 350 N/A
$150 300 N/A
$150 250 40
N/A N/A N/A
N/A N/A N/A
N/A N/A N/A
N/A N/A N/A
$350 563 N/A
$250 500 63
N/A N/A N/A
N/A N/A N/A
N/A N/A N/A
N/A N/A N/A
$600 1,000 N/A
$500 750 100
$550 975 N/A
$550 1,000 N/A
$750 1,100 N/A
$ 750 1,375 N/A
$775 1,625 N/A
$750 1,200 100
$200 300 N/A
$200 350 N/A
$250 400 N/A
$250 425 N/A
$250 425 N/A
$250 500 50
N/A N/A N/A
N/A N/A N/A
N/A N/A N/A
N/A N/A N/A
$500 800 N/A
$500 925 50
N/A N/A N/A
N/A N/A N/A
N/A N/A N/A
N/A N/A N/A
$850 1,400 N/A
$800 1,500 100
$1,000 2,000 N/A
$1,000 1,750 N/A
$1,225 2,250 N/A
$1,360 2,500 N/A
$1,900 2,950 N/A
$1,625 2,650 113
39
AIPLA Report of the Economic Survey 2015
ESTIMATED TOTAL COST OF A PATENT INFRINGEMENT SUIT - ALL VARIETIES (P. I-105 to I-112, Q35Aa-Q35Al) Less than $1 million at risk End of Discovery Inclusive, all costs Mediation $1-$10 million at risk End of Discovery Inclusive, all costs Mediation $10-$25 million at risk End of Discovery Inclusive, all costs Mediation More than $25 million at risk End of Discovery Inclusive, all costs Mediation $0
$2,000
$4,000
$6,000
$8,000
Thousands 1st Quartile/3rd Quartile
Median
Mean
ESTIMATED TOTAL COST OF A PATENT INFRINGEMENT SUIT - HATCH WAXMAN ACT (P. I-113 to I-120, Q35Ba-Q35Bl) Less than $1 million at risk End of Discovery Inclusive, all costs Mediation $1-$10 million at risk End of Discovery Inclusive, all costs Mediation $10-$25 million at risk End of Discovery Inclusive, all costs Mediation More than $25 million at risk End of Discovery Inclusive, all costs Mediation $0
$2,000
$4,000
$6,000
$8,000
$10,000
Thousands 1st Quartile/3rd Quartile
40
Median
Mean
AIPLA Report of the Economic Survey 2015
ESTIMATED TOTAL COST OF PATENT INFRINGEMENT-DEFENDING CLAIMS BY NON-PRACTICING ENTITY (P. I-121 to I-128, Q35Ca-Q35Cl) Less than $1 million at risk End of Discovery Inclusive, all costs Mediation $1-$10 million at risk End of Discovery Inclusive, all costs Mediation $10-$25 million at risk End of Discovery Inclusive, all costs Mediation More than $25 million at risk End of Discovery Inclusive, all costs Mediation $0
$1,000
$2,000
$3,000
$4,000
$5,000
$6,000
Thousands 1st Quartile/3rd Quartile
Median
Mean
ESTIMATED TOTAL COST OF A PATENT INFRINGEMENT SUITSECTION 337 (P. I-129 to I-136, Q35Da-Q35Dl) Less than $1 million at risk End of Discovery Inclusive, all costs Mediation $1-$10 million at risk End of Discovery Inclusive, all costs Mediation $10-$25 million at risk End of Discovery Inclusive, all costs Mediation More than $25 million at risk End of Discovery Inclusive, all costs Mediation $0
$2,000
$4,000
$6,000
$8,000
$10,000
Thousands 1st Quartile/3rd Quartile
41
Median
Mean
AIPLA Report of the Economic Survey 2015
Nearly two-thirds of respondents (64.3%) indicate that, in their experience, there is a strong correlation between the amount at risk in a patent infringement action and the overall attorney hours required to litigate the action. 63.6% say the total cost of asserting a patent infringement action is about the same as the total cost of defending such an action. Of those that indicate it is not the same, on average the cost of asserting, in their experience, is 84.2% the cost of defending.
STRONG CORRELATION BETWEEN AMOUNT AT RISK IN PATENT INFRINGEMENT ACTION AND THE OVERALL HOURS REQUIRED TO LITIGATE THE ACTION (P. I-137, Q35E)
Yes 64.3%
No 35.7%
TOTAL COST COMPARISON OF ASSERTING PATENT INFRINGEMENT ACTION TO TOTAL COST OF DEFENDING (P. I-138, Q35F)
Cost is About the Same 63.6%
Cost of Asserting Differs from Cost of Defending 36.4% Average Cost of Asserting as a Percent of the Cost of Defending - 84.2%
42
AIPLA Report of the Economic Survey 2015
Six in 10 respondents say the total cost of filing a petition for inter partes proceedings (IPR, CMB or PGR) is about the same as the total cost of defending such an action. Of those that indicate it is not the same, on average the cost of filing is 83.4% the cost of defending.
ESTIMATED TOTAL COST OF INTER PARTES PROCEEDINGS (P. I-139 to I-142, Q36i-Q36iv) Through filing petition
Through end of motion practice
Through PTAB hearing
Through appeal
$0
$100
$200
$300
$400
$500
$600
$700
Thousands 1st Quartile/3rd Quartile
Median
Mean
TOTAL COST COMPARISON OF FILING A PETITION FOR INTER PARTES PROCEEDINGS (IPR, CBM or PGR) TO TOTAL COST OF DEFENDING (P. I-143, Q36B) Cost is About the Same 60.8%
Cost of Asserting Differs from Cost of Defending 39.2% Average Cost of Filing as a Percent of the Cost of Defending - 83.4%
43
AIPLA Report of the Economic Survey 2015
ESTIMATED TOTAL COST OF A TRADEMARK INFRINGEMENT SUIT (P. I-144 to I-151, Q37a-Q37l) Less than $1 million at risk End of Discovery Inclusive, all costs Mediation $1-$10 million at risk End of Discovery Inclusive, all costs Mediation $10-$25 million at risk End of Discovery Inclusive, all costs Mediation More than $25 million at risk End of Discovery Inclusive, all costs Mediation $0
$500
$1,000
$1,500
$2,000
$2,500
$3,000
$3,500
Thousands 1st Quartile/3rd Quartile
Median
Mean
STRONG CORRELATION BETWEEN AMOUNT AT RISK IN TRADEMARK INFRINGEMENT ACTION AND THE OVERALL HOURS REQUIRED TO LITIGATE THE ACTION (P. I-152, Q37B) Yes 59.5%
No 40.5%
44
AIPLA Report of the Economic Survey 2015
TOTAL COST COMPARISON OF ASSERTING TRADEMARK INFRINGEMENT ACTION TO TOTAL COST OF DEFENDING (P. I-153, Q37C)
Cost is About the Same 78.5% Cost of Asserting Differs from Cost of Defending 21.5% Average Cost of Asserting as a Percent of the Cost of Defending - 102.2%
Approximately sixty percent (59.5%) indicate that, there is a strong correlation between the amount at risk in a trademark infringement action and the overall attorney hours required to litigate the action. Almost eight in 10 say the total cost of asserting a trademark infringement action is about the same as the total cost of defending such an action.
ESTIMATED TOTAL COST OF A TRADEMARK OPPOSITION/CANCELLATION SUIT (P. I-154 to I-155, Q38a-Q38b)
End of Discovery
Inclusive, all costs
$0
$25
$50
$75
$100
$125
Thousands
45
$150
$175
$200
1st Quartile/3rd Quartile
$225 Median
$250 Mean
AIPLA Report of the Economic Survey 2015
ESTIMATED TOTAL COST OF A COPYRIGHT INFRINGEMENT SUIT (P. I-156 to I-163, Q39a-Q39l) Less than $1 million at risk End of Discovery Inclusive, all costs Mediation $1-$10 million at risk End of Discovery Inclusive, all costs Mediation $10-$25 million at risk End of Discovery Inclusive, all costs Mediation More than $25 million at risk End of Discovery Inclusive, all costs Mediation $0
$500
$1,000
$1,500
$2,000
$2,500
$3,000
$3,500
Thousands 1st Quartile/3rd Quartile
Median
Mean
STRONG CORRELATION BETWEEN AMOUNT AT RISK IN COPYRIGHT INFRINGEMENT ACTION AND THE OVERALL HOURS REQUIRED TO LITIGATE THE ACTION (P. I-164, Q39B) Yes 57.6%
No 42.4%
46
AIPLA Report of the Economic Survey 2015
TOTAL COST COMPARISON OF ASSERTING COPYRIGHT INFRINGEMENT ACTION TO TOTAL COST OF DEFENDING (P. I-165, Q39C)
Cost is About the Same 81.2%
Cost of Asserting Differs from Cost of Defending 18.8% Average Cost of Asserting as a Percent of the Cost of Defending - 77.6%
Nearly 60.0% reported that there is a strong correlation between the amount at risk in a copyright infringement action and the overall attorney hours required to litigate the action. Eight in 10 say the total cost of asserting a copyright infringement action is about the same as the total cost of defending such an action. Of those that indicate it is not the same, on average, the cost of asserting is 77.6% of the cost of defending such an action.
ESTIMATED TOTAL COST OF A TRADE SECRET MISAPPROPRIATION SUIT (P. I-166 to I-173, Q40a-Q40l) Less than $1 million at risk End of Discovery Inclusive, all costs Mediation $1-$10 million at risk End of Discovery Inclusive, all costs Mediation $10-$25 million at risk End of Discovery Inclusive, all costs Mediation More than $25 million at risk End of Discovery Inclusive, all costs Mediation $0
$1
$2
$3
$4
Millions
47
$5 1st Quartile/3rd Quartile
$6 Median
$7 Mean
AIPLA Report of the Economic Survey 2015
STRONG CORRELATION BETWEEN AMOUNT AT RISK IN TRADE SECRET MISAPPROPRIATION ACTION AND THE OVERALL HOURS REQUIRED TO LITIGATE THE ACTION (P. I-174, Q40B)
Yes 68.3%
No 31.7%
TOTAL COST COMPARISON OF ASSERTING TRADE SECRET MISAPPROPRIATION ACTION TO TOTAL COST OF DEFENDING (P. I-175, Q40C)
Cost is About the Same 74.7%
Cost of Asserting Differs from Cost of Defending 25.3% Average Cost of Asserting as a Percent of the Cost of Defending - 106.4%
Close to 70.0% reported that there is a strong correlation between the amount at risk in a trade secret misappropriation action and the overall attorney hours required to litigate the action. Three-quarters say the total cost of asserting a trade secret misappropriation action is about the same as the total cost of defending such an action.
48
AIPLA Report of the Economic Survey 2015
TOTAL COST OF RESOLVING DISPUTE THROUGH ARBITRATION COMPARED TO DISPUTE THROUGH LITIGATION (P. I-176, Q41)
Cost is About the Same 31.2%
Cost of Arbitration Differs from Cost of Litigation 68.8% Average Cost of Arbitration as a Percent of the Cost of Litigation 56.2%
FREQUENCY MEDIATION/ARBITRATION WAS INITIATED IN 2013 OR 2014 (P. I-177, Q42) Terms of Contract 28.8%
Other 0.6%
Mandate by Court 45.9% Voluntary by Parties 24.7%
The total cost of resolving a dispute through arbitration compared to resolving through litigation is reported to be about the same by only 31.2% of respondents. The 68.8% that said it was not the same indicated, on average, that the cost of resolving through arbitration is about 56.2% of the cost of resolving through litigation. Mediation/arbitration was initiated most often when mandated by the court (45.9%).
49
AIPLA Report of the Economic Survey 2015
CHARACTERISTICS OF FIRMS A separate questionnaire was used to obtain data on the characteristics of firms engaged in IP practice, including the number and type of attorneys, support staff employed, activities outsourced, billing rates and practices, and liability insurance issues. The source of this information was typically the managing partner/shareholder (50.2%). The information provided by 223 private firms is summarized and illustrated below.
NUMBER AND TYPE OF ATTORNEYS
Just over three of 10 responding firms (32.0%) had five or fewer attorneys. More than one-third of responding firms (35.2%) reported having six to 30 attorneys, a drop from 41.3% reporting the same in 2013.
More than two-thirds (67.3%) reported having only one major office location, down from 73.5% reported in 2013.
82.7% reported that IP accounted for three-quarters or more of their practice, dropping slightly from the 83.2% reported in 2013.
The median number of partners/shareholders for all firms in 2014 dropped from 5.0 in 2012 to 4.0 in 2014. More than three-quarters reported having associates in 2014, with a median number of 11.0; the same as reported for 2012. The median total number of attorneys whose practice is primarily IP in 2014 was 10.0.
The typical fee paid to recruiters averaged 21.9% of the starting salary, similar to that reported in 2013 (21.5%).
The vast majority of responding firms (85.4%) indicated that less than 25% of attorneys were hired through a recruiter. POSITION OF PERSON RESPONDING TO FIRM SURVEY (P. F-2, Q1)
NUMBER OF ATTORNEYS IN FIRM IN 2014 (P. F-1, Q4) 3-5 14.4%
Two 7.9% Managing Partner/ Shareholder 50.2%
One 9.7%
6-10 13.9%
Administrator 22.9%
101 or More 16.7%
11-30 21.3% 31-100 16.2%
26.9% Other Position
PERCENT OF PRACTICE THAT IS IP (P. F-1, Q20) 75 Percent or More 82.7%
Less than 75 Percent 17.3%
50
AIPLA Report of the Economic Survey 2015
AVERAGE NUMBER OF ATTORNEYS WHOSE PRACTICE WAS PRIMARILY IP IN THE FIRM IN 2014 (P. F-4, Q5)
Of Counsel
3.2
Of Counsel
Contract/Part-Time
3.3
Contract/Part-Time
5.0
10.0
15.0
20.0
10.5
15.0
0.0
AVERAGE NUMBER OF ATTORNEYS WHOSE PRACTICE IS PRIMARILY IP LAW WHO BECAME ASSOCIATED WITH THE FIRM IN 2014 (P. F-6, Q7) Partner/ Shareholder
65.8
Associate
17.4
Associate
0.0
35.1
Partner/Shareholder
9.7
Partner/Shareholder
AVERAGE NUMBER OF ATTORNEYS IN FIRM IN 2014 BY TYPE OF ATTORNEY (P. F-3, Q4)
10.0
20.0
30.0
40.0
50.0
60.0
70.0
80.0
AVERAGE NUMBER OF ATTORNEYS AND AGENTS BY GENDER WHOSE PRACTICE IS PRIMARILY IP LAW IN THE FIRM IN 2014 (P. F-9, Q11)
3.6
19.7
Male
5.0
Associate
1.9
Of Counsel
Contract/ Part-Time
1.5 7.4
Female Patent Agents/ Trainees
2.4
0.0
1.0
2.0
3.0
4.0
5.0
6.0 0.0
5.0
10.0
AVERAGE NUMBER OF ATTORNEYS AND AGENTS BY ETHNICITY WHOSE PRACTICE IS PRIMARILY IP LAW IN THE FIRM IN 2014 (P. F-10, Q12) 21.4
White/Caucasian
2.9
Asian/Pacific Islander
Black/African American
0.5
Hispanic/Latino
0.4
Blended
0.3
Other
0.2
N.A. Indian/Native Canadian
0.1 0.0
5.0
10.0
51
15.0
20.0
25.0
15.0
20.0
25.0
AIPLA Report of the Economic Survey 2015
ASSOCIATE STARTING SALARY AND SUMMER MONTHLY PAY
The median starting salary for first-year associates rose from $105,000 in 2012 to $110,000 in 2014. This level matches the previous high observed in 2008, after declining for the last two surveys.
The typical firm in 2014 had two summer associates, unchanged from the median number of summer associates in 2012 and 2010. Offers were typically made to one summer associate in 2014, and they typically accepted the offers, same as the last two surveys. Median monthly summer pay for summer associates was $8,000, an increase from $6,000 reported for 2012.
The largest firms (over 100 attorneys) reported a median of 15 summer associates, made offers to 12, and in general, had a 100% success rate in attracting individuals with these offers. The data from 2014 reflects a decline from 2012 in terms of number of summer associates at the largest firms (17.5), with offers extended to 16.5 at that time (with 15 individuals accepting).
CURRENT STARTING SALARY FOR FIRST-YEAR ASSOCIATE (P. F-23, Q31) By Number of Attorneys in Firm in 2014 3-5
Number of Attorneys
6-10
11-30
31-100
101 or More
All Respondents $50,000
$75,000
$100,000
$125,000
$150,000 1st Quartile/3rd Quartile
52
$175,000 Median
Mean
AIPLA Report of the Economic Survey 2015
TREND IN STARTING SALARY FOR FIRST-YEAR ASSOCIATES (MEDIAN): 2002-2014 (P. F-23, Q31) $120,000
$110,000
$110,000
!
$110,000
!
$106,500
!
$100,000
!
$100,000
$105,000
!
$100,000
!
$90,000 $85,125
! $80,000 2002
2004
2006
2008
2010
2012
2014
AVERAGE MONTHLY PAY FOR SUMMER ASSOCIATES (P. F-12, Q17) By Number of Attorneys in Firm in 2014 $3,533
3-5
$5,480
6-10
$5,848
11-30
$8,211
31-100
$9,939
101 or More
$7,323
All Respondents $0
$2,000
$4,000
$6,000
53
$8,000
$10,000
$12,000
$14,000
AIPLA Report of the Economic Survey 2015
SUPPORT STAFF AND SERVICES
The median number of support staff engaged in IP practice for all responding firms was 7.0, up from 6.0 reported in the 2013 survey. The median number of support staff per IP attorney was 0.7, a slight increase from 0.6 reported in the 2013 survey.
The median number of patent agents was 2.0. Typically, there were 2.0 technical assistants and 4.0 paralegals. These numbers are very close to the values reported in previous surveys.
AVERAGE NUMBER OF SUPPORT STAFF DEVOTED PRIMARILY TO IP PRACTICE IN FIRM (P. F-11, Q13) By Number of Attorneys in Firm in 2014 One
1.0
Two
1.4 2.7
3-5
5.4
6-10
14.4
11-30
52.1
31-100
62.6
101 or More
24.6
All Respondents 0.0
10.0
20.0
30.0
40.0
50.0
60.0
70.0
AVERAGE NUMBER OF SUPPORT STAFF PER IP ATTORNEY IN 2014 AND 2012 (P. F-11, Q13) By Number of Attorneys in Firm 1.0
One
1.3 0.7 0.7
Two
0.8
3-5
0.7 0.7
6-10
0.6 0.7
11-30
0.8 1.0
31-100
0.8 0.6
101 or More
0.8
0.8 0.8
All Respondents 0.0
0.3
0.5
0.8
1.0
1.3 2014
54
1.5 2012
AIPLA Report of the Economic Survey 2015
AGENTS AND ASSISTANTS INVOLVED PRIMARILY IN THE IP PRACTICE OF THE FIRM IN 2014 (P. F-5, Q6)
5.5
USPTO-registered Patent Agents
4.2
Technical Assistants
8.8
Paralegal/Assistants
0.0
2.0
4.0
6.0
8.0
10.0
AVERAGE NUMBER OF PARALEGALS/LEGAL ASSISTANTS IN FIRM (P. F-5, Q6) By Number of Attorneys in Firm in 2014 1.1
One
1.3
Two
2.4
3-5
3.6
6-10
7.4
11-30
17.1
31-100
15.3
101 or More
8.8
All Respondents 0.0
5.0
10.0
55
15.0
20.0
AIPLA Report of the Economic Survey 2015
AVERAGE NUMBER OF USPTO-REGISTERED PATENT AGENTS IN FIRM (P. F-5, Q6) By Number of Attorneys in Firm in 2014 1.3
Two
2.0
3-5
3.0
6-10
3.3
11-30
6.5
31-100
9.6
101 or More
5.5
All Respondents 0.0
2.0
4.0
6.0
8.0
10.0
12.0
AVERAGE NUMBER OF TECHNICAL ASSISTANTS IN FIRM (P. F-5, Q6) By Number of Attorneys in Firm in 2014
1.0
3-5
1.4
6-10
3.4
11-30
3.6
31-100
9.0
101 or More
4.2
All Respondents 0.0
2.0
4.0
6.0
56
8.0
10.0
AIPLA Report of the Economic Survey 2015
BILLING RATES AND PRACTICES
For 2014, median firm billings for professional legal services were $3,914,712, up from $3,272,000 reported in 2012, but shy of $3,959,794 reported in 2008. The median amount billed by firms whose practice was 75% or more IP was $2,800,000, identical to the figure reported for 2012.
The typical firm in 2014 reported median total billings per attorney of $374,810, rising 7.1% from 2012 ($350,000). Firms with 101 or more attorneys reported a median value of $523,819 approximately double the amount among smaller firms (5 or fewer attorneys), but lower than the figure reported by firms with 31-100 attorneys ($640,017). The billings per attorney in firms with 101 or more attorneys is down 18.5% compared to the same size firms in 2012, while firms with 31-100 attorneys for 2014 reported a median billings per attorney that was 19.3% higher than the same sized firms in 2012.
The median average billing rate for IP work was $350 in 2014, a historical overall high. Respondents at the largest firms reported a median average billing rate for IP work of $425 for 2014, a 5.6% decline from $450 in 2012.
For 2014, the median average billing rate for non-IP work was $395, up from $339 reported for 2012. As observed with IP work, though, while the median is higher at the largest firms ($437), this represents a drop from 2012 ($483) among those at the largest firms at that time.
The average ratio of firm collections to the firm’s billings in 2014 was 94.0%, essentially the same as in 2012 (94.2%).
Overhead for all firms was 38.6% of total 2014 collections, up from 35.0% in 2012.
The average percent change in billings for IP legal services was 13.5% from 2013 to 2014 and 17.3% from 2012 to 2013.
TOTAL 2014 BILLINGS PER ATTORNEY (P. F-18, Q24) By Number of Attorneys in Firm in 2014 One
Number of Attorneys
Two 3-5 6-10 11-30 31-100 101 or More All Respondents $0
$200
$400
$600
$800
(Thousands) 1st Quartile/3rd Quartile
57
Median
Mean
AIPLA Report of the Economic Survey 2015
AVERAGE BILLING RATE FOR IP WORK (P. F-22, Q30) By Number of Attorneys in Firm in 2014 One
Two
Number of Attorneys
3-5
6-10 11-30
31-100
101 or More
All Respondents $200
$250
$300
$350
$400
$450
1st Quartile/3rd Quartile
$500 Median
$550 Mean
TREND IN HOURLY BILLING RATES FOR IP WORK (MEDIAN): 1996-2014 (P. F-22, Q30) $400 $361 $350 $320 $300
!
!
$330
!
!
$300 $270
$275
!
!
2004
2006
$250 $225 $210
!
2000
2002
!
$200
!
$180
$185
!
$150
$100 1996
1998
58
2008
2010
2012
2014
AIPLA Report of the Economic Survey 2015
AVERAGE BILLING RATE FOR NON-IP WORK (P. F-20, Q29) By Number of Attorneys in Firm in 2014 One
Number of Attorneys
Two
3-5
6-10
11-30
31-100
101 or More
All Respondents $100
$150
$200
$250
$300
$350
$400
$450
$500
1st Quartile/3rd Quartile
59
$550 Median
$600 Mean
AIPLA Report of the Economic Survey 2015
LIABILITY INSURANCE
In 2014, the typical firm reported maximum total liability coverage of $4,000,000 (median). This is down from $4,350,000 reported in 2012, and also represents a decline from the five million dollars reported in 2010.
The maximum coverage per claim in 2014 was $3,000,000 (median), unchanged from 2012 but higher than it was in 2010 ($2,750,000). Still this figure is lower than in 2008 when it was $3,500,000.
The median total deductible in 2014 was $25,000, unchanged from the figure reported for 2012.
The median per claim deductible in 2014 was also $25,000, reflecting no change from 2012, 2008 and 2006.
Liability insurance cost per attorney was a median of $4,420 in 2014, a very slight decline from $4,427 in 2012.
The typical firm had a median of one liability claim for IP matters in the past five years and .073 claims for IP matters per IP attorney in the past 5 years, down from .104 in 2012.
TRAINING & MARKETING
New questions were added in the 2015 survey regarding training and marketing. On average, firms spent 1.8% of gross revenue in 2014 on outside providers of attorney training and external training programs.
Most often formal training was provided for practice skills (e.g., claim drafting, case law review, etc.), with 40.4% of firms saying they provided this type of training, followed by business development (30.5%). They are least likely to provide leadership training and team dynamics or team building (15.2%).
Just over one-third of firms say they have dedicated business development personnel (34.9%). All firms with 101 or more attorneys indicate having this type of personnel, with 66.7% of firms with 31-100 attorneys saying the same.
Additionally, as a percentage of gross revenue in 2014, the average spent on a marketing budget was 2.6%. Most often, this budget was allocated to travel (23.2%), followed by advertising (19.6%), event sponsorship (18.1%), and website development (15.9%).
Most firms do not give associates “billable hour” credit toward their billing requirement for time spent marketing and participating in bar associations or other professional organizations (87.3% reported ‘No’).
60
AIPLA Report of the Economic Survey 2015
FIRM PROVIDES FORMAL TRAINING FOR ATTORNEYS (P. F-31, Q41) 40.4%
Practice Skills
30.5%
Business Development
19.7%
Personal Growth or Development
15.2%
Leadership
15.2%
Team Dynamics/Building
0.0%
10.0%
20.0%
On average, firms spent 1.8% of gross revenue in 2014 on outside providers of attorney training and external programs
30.0%
40.0%
50.0%
FIRM HAS A MARKETING DEPARTMENT OR DEDICATED MARKETING PERSONNEL ON STAFF (P. F-32, Q42)
Yes 34.9%
No 65.1%
On average, firms’ marketing budget was 2.6% of gross revenue in 2014
61
AIPLA Report of the Economic Survey 2015
ALLOCATION OF ANNUAL MARKETING BUDGET (P. F-33, Q44) Event Sponsorship 18.1%
Advertising 19.6%
Marketing Salaries 8.0% Social Media 1.8%
Other 13.3%
Travel 23.2%
Website 15.9%
FIRM GIVES ASSOCIATES “BILLABLE HOUR" CREDIT TOWARD THEIR BILLING REQUIREMENT FOR TIME SPENT MARKETING AND PARTICIPATING IN PROFESSIONAL ORGANIZATIONS (P. F-34, Q45) Yes 12.7%
No 87.3%
62
APPENDIX A
Individual Data
All Respondents
Background Total
All Individuals Solo Practitioner Private Firm, Partner Private Firm, Associate Private Firm, Agent Private Firm, Of Counsel Corporate IP, Head Corporate IP, Attorney Primary Practice
Corporate IP, Agent Corporate Legal, Head Corporate Legal, Attorney Corporate Legal, Agent PTO Examiner PTO Admin/Management Government IP, not PTO Other
Admitted to the Patent Bar
Yes No Younger than 30 30-34 35-39 40-44
Age
45-49 50-54 55-59 60-64 65 or Older
Gender
Male Female White/Caucasian Black/African American Hispanic/Latino
Ethnicity
Asian/Pacific Islander North American Indian/Native Canadian Blended Other
Count Percent 100.0% 8.9% 33.6% 21.1% 2.3% 2.8% 8.0% 10.4% 1.1% 1.6% 2.1% .8% 1.0% .8% .6% 4.9% 89.4% 10.6% 2.1% 9.7% 12.9% 13.2% 16.0% 15.6% 12.6% 9.4% 8.5% 79.8% 20.2% 87.8% 1.7% 2.3% 5.9%
Count 1,366 122 458 288 32 38 109 142 15 22 28 11 14 11 8 67 1,214 144 28 130 174 178 216 210 170 126 114 1,076 272 1,170 22 31 78
.2%
2
1.2% 1.0%
16 13
AIPLA Report of the Economic Survey 2015 I-1
All Respondents Background (cont.) Total
All Individuals None Highest Education other than Law
Bachelor's Degree Master's Degree Doctorate Degree Other Fewer than 5 5-6 7-9
Years of Intellectual Property Law Experience
10-14 15-19 20-24 25-29 30-34 35-39 40 or More Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West Biotechnology Chemical Computer Hardware
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Pharmaceutical Other areas
Count Percent 100.0% 2.6% 57.8% 24.8% 13.5% 1.2% 12.2% 5.8% 10.3% 15.8% 17.2% 14.1% 8.1% 7.4% 4.6% 4.4% 5.6% 7.9% 3.4% 18.3% 5.4% 3.4% 2.9% 5.4% 4.1% 16.2% 6.4% 2.7% 5.2% 13.0% 11.1% 15.5% 2.0% 16.7% 15.1% 27.3% 7.6% 8.0% 2.7%
Count 1,366 36 787 338 184 17 155 74 131 200 218 179 103 94 58 56 77 108 46 250 74 47 40 74 56 221 87 37 71 178 91 127 16 137 124 224 62 66 22
AIPLA Report of the Economic Survey 2015 I-2
All Respondents Total Gross Income for 2014 from your primary practice (Q10)
All Individuals Solo Practitioner Private Firm, Partner Private Firm, Associate Private Firm, Agent Private Firm, Of Counsel Corporate IP, Head Primary Practice
Corporate IP, Attorney Corporate IP, Agent Corporate Legal, Head Corporate Legal, Attorney Corporate Legal, Agent PTO Examiner PTO Admin/Management Government IP, not PTO Other
Number of Individuals 1,237 112 415 266 30 33 101 136 15 21 26 11 14 10 6 40
Total gross income in calendar year 2014 from primary practice 10th First Third Percentile Quartile Quartile Mean Median 10% 25% 75% (Average) (Midpoint) $318,007 $100,000 $155,000 $237,000 $366,100 $216,692 $40,000 $100,000 $166,800 $284,721 $505,316 $180,000 $260,000 $400,000 $650,000 $183,021 $94,000 $128,437 $173,000 $220,000 $147,978 $76,400 $92,170 $124,000 $160,000 $239,153 $100,000 $189,000 $230,000 $285,000 $360,435 $163,000 $239,000 $298,000 $463,500 $252,411 $140,489 $175,000 $234,500 $305,000 $175,281 $92,439 $130,757 $162,000 $200,000 $291,105 $100,519 $155,000 $275,000 $355,500 $199,633 $74,900 $120,000 $170,000 $197,875 $138,847 $89,100 $111,091 $139,000 $162,425 $99,132 $61,376 $73,000 $96,693 $122,834 $162,362 $131,542 $153,750 $162,500 $168,625 $150,350 ISD $129,750 $157,050 $162,750 $202,968 $65,000 $84,125 $127,607 $174,750
90th Percentile 90% $650,000 $448,500 $900,000 $281,500 $290,680 $346,000 $612,240 $404,400 $313,600 $460,000 $397,600 $200,840 $145,000 $196,600 ISD $354,000
Employer's 2014 contribution to all of your 401(k)/403(b) retirement and savings plans (Q11)
All Individuals Solo Practitioner Private Firm, Partner Private Firm, Associate Private Firm, Agent Private Firm, Of Counsel Corporate IP, Head Primary Practice
Corporate IP, Attorney Corporate IP, Agent Corporate Legal, Head Corporate Legal, Attorney Corporate Legal, Agent PTO Examiner PTO Admin/Management Government IP, not PTO Other
Employer's 2014 contribution to all of your 401(k)/403(b) retirement and savings plans 10th First Third 90th Number of Mean Median Percentile Quartile Quartile Percentile Individuals (Average) (Midpoint) 10% 25% 75% 90% 716 $15,442 $3,327 $6,000 $10,400 $20,991 $34,500 34 $24,802 $3,500 $11,550 $25,000 $36,017 $50,000 231 $23,112 $5,000 $10,000 $20,000 $33,000 $50,000 119 $7,828 $2,385 $3,825 $6,000 $10,000 $15,000 13 $6,415 $720 $3,000 $3,000 $11,000 $18,600 18 $14,218 $3,348 $5,750 $7,486 $18,125 $34,500 91 $14,550 $5,000 $7,350 $12,000 $17,500 $29,500 112 $12,183 $3,530 $6,000 $10,000 $16,938 $25,000 14 $9,464 $2,987 $5,750 $7,800 $12,000 $20,894 9 $10,416 ISD $2,821 $9,000 $18,500 ISD 19 $8,926 $800 $3,000 $9,000 $15,000 $17,480 10 $8,555 $1,618 $4,059 $6,714 $14,425 $19,957 9 $4,406 ISD $3,949 $4,921 $5,175 ISD 9 $7,951 ISD $5,996 $7,500 $9,133 ISD 4 $7,518 ISD $4,563 $7,036 $10,956 ISD 23 $12,559 $5,000 $6,000 $8,400 $16,000 $28,400
AIPLA Report of the Economic Survey 2015 I-3
All Respondents Expected total cash income for 2015 (Q12)
All Individuals Solo Practitioner Private Firm, Partner Private Firm, Associate Private Firm, Agent Private Firm, Of Counsel Corporate IP, Head Primary Practice
Corporate IP, Attorney Corporate IP, Agent Corporate Legal, Head Corporate Legal, Attorney Corporate Legal, Agent PTO Examiner PTO Admin/Management Government IP, not PTO Other
Number of Individuals 1,208 105 409 257 28 32 102 133 14 19 25 11 14 10 6 42
Mean (Average) $317,687 $190,589 $500,925 $192,608 $151,393 $240,766 $356,782 $266,332 $177,415 $259,896 $196,886 $144,164 $107,292 $167,274 $151,683 $177,221
Expected total cash income for 2015 10th First Percentile Quartile Median 10% 25% (Midpoint) $102,000 $155,000 $245,311 $46,000 $88,750 $150,000 $180,000 $261,000 $400,000 $100,000 $138,000 $175,000 $78,250 $104,000 $130,000 $86,000 $167,500 $240,000 $163,000 $250,000 $300,000 $134,000 $175,886 $231,200 $105,000 $129,500 $165,000 $98,029 $140,000 $253,000 $77,200 $115,000 $170,000 $102,700 $113,000 $140,000 $61,376 $72,500 $103,500 $152,400 $156,708 $165,150 ISD $133,250 $157,050 $33,200 $80,750 $124,500
Third Quartile 75% $365,000 $267,500 $650,000 $242,500 $163,750 $303,750 $400,000 $300,000 $212,451 $350,000 $209,073 $165,000 $130,158 $172,250 $162,750 $167,225
90th Percentile 90% $602,500 $397,000 $900,000 $300,000 $305,000 $378,500 $586,039 $396,000 $284,500 $424,000 $350,000 $204,240 $175,000 $197,900 ISD $283,500
Full-time IP lawyers and patent agents at all locations (Q16)
All Individuals Solo Practitioner Private Firm, Partner Private Firm, Associate Private Firm, Agent Private Firm, Of Counsel Corporate IP, Head Primary Practice
Corporate IP, Attorney Corporate IP, Agent Corporate Legal, Head Corporate Legal, Attorney Corporate Legal, Agent PTO Examiner PTO Admin/Management Government IP, not PTO Other
Full-time IP lawyers and patent agents at all locations (Q16) First Third Number of Mean Median Quartile Quartile Individuals (Average) (Midpoint) 25% 75% 1,218 42.6 3.0 12.0 40.0 112 1.0 1.0 1.0 1.0 430 42.5 6.0 18.0 45.0 254 59.6 10.8 26.5 70.0 26 84.8 10.3 50.0 105.0 32 76.8 12.0 50.0 125.0 105 13.6 2.0 3.0 8.5 139 29.0 5.0 12.0 35.0 14 29.6 1.0 7.0 40.0 19 6.8 1.0 2.0 3.0 24 58.1 1.1 3.5 18.8 10 7.0 1.0 4.0 8.3 3 500.3 ISD 500.0 ISD 7 581.4 35.0 225.0 1,000.0 6 21.3 4.8 17.0 39.3 36 12.6 1.0 2.0 6.8
AIPLA Report of the Economic Survey 2015 I-4
All Respondents Full-time IP lawyers and patent agents at all locations (Q16)
All Individuals Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West Biotechnology Chemical Computer Hardware
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Pharmaceutical Other areas 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50 51-100 101-150 More than 150
Full-time IP lawyers and patent agents at all locations (Q16) First Third Number of Mean Median Quartile Quartile Individuals (Average) (Midpoint) 25% 75% 1,218 42.6 3.0 12.0 40.0 64 38.5 3.3 10.5 34.3 92 42.5 4.0 14.5 45.0 38 44.3 7.0 24.5 46.3 211 85.4 5.0 20.0 75.0 71 18.1 2.0 5.0 24.0 43 41.2 2.0 8.0 35.0 38 6.9 1.0 3.5 8.0 64 36.0 3.0 11.5 71.0 52 54.5 6.0 15.5 47.3 204 30.1 3.0 12.0 35.0 80 24.2 3.0 10.0 29.3 33 41.3 3.0 8.0 32.5 68 56.6 3.0 10.5 56.3 160 25.1 2.0 9.5 40.0 86 31.3 2.0 9.0 41.0 127 33.7 4.0 12.0 32.0 16 36.2 4.3 12.0 23.8 129 45.6 3.0 12.0 53.5 116 48.5 5.3 20.0 50.0 218 29.4 2.8 9.0 28.3 59 47.5 4.0 14.0 55.0 61 70.6 7.0 29.0 70.0 18 15.0 1.8 4.0 5.8 272 1.3 1.0 1.0 2.0 162 3.8 3.0 4.0 5.0 150 7.8 7.0 8.0 9.0 221 17.6 14.0 17.0 20.0 171 38.0 30.0 36.0 45.0 120 78.6 65.0 80.0 92.8 60 129.9 115.0 130.0 150.0 62 356.2 200.0 294.5 350.0
AIPLA Report of the Economic Survey 2015 I-5
All Respondents Billable Hours, Billing Rate, Dollars Billed (Q28, Q29, Q26)
All Individuals How many billable hours did you record in 2014?
Solo Practitioner Private Firm, Partner Private Firm, Associate Private Firm, Agent Private Firm, Of Counsel All Individuals Solo Practitioner
Average hourly billing rate in 2014
Private Firm, Partner Private Firm, Associate Private Firm, Agent Private Firm, Of Counsel
Dollar amount was billed for the legal services you performed in 2014?
All Individuals Solo Practitioner Private Firm, Partner Private Firm, Associate Private Firm, Agent Private Firm, Of Counsel
Number of Individuals 667 69 356 201 17 24 768 97 402 222 20 27 712 102 374 195 18 23
Mean (Average) 1,480 782 1,504 1,677 1,661 1,346 $410 $321 $471 $343 $307 $445 $573,446 $259,071 $702,332 $510,420 $407,828 $535,792
First Quartile 25% 1,200 320 1,243 1,460 1,463 1,075 $300 $265 $350 $250 $239 $360 $320,000 $134,750 $426,305 $328,320 $332,904 $408,000
Median (Midpoint) 1,580 800 1,500 1,750 1,700 1,447 $380 $300 $425 $315 $285 $420 $500,286 $215,001 $600,000 $465,000 $400,608 $551,000
Third Quartile 75% 1,840 1,130 1,800 1,952 1,900 1,675 $485 $375 $529 $416 $340 $500 $700,000 $341,750 $850,000 $600,000 $520,500 $675,000
Percent of services in 2014 that were billed (or will be billed) by type of basis (Q27)
All Individuals Solo Practitioner Primary Practice
Private Firm, Partner Private Firm, Associate Private Firm, Agent Private Firm, Of Counsel
Number of Individuals 782 107 403 225 20 27
Hourly Billing Mean (Average) 71.0% 59.6% 70.7% 75.6% 71.7% 82.6%
Predetermined Fee Mean (Average) 26.1% 38.4% 25.8% 22.8% 17.9% 14.8%
AIPLA Report of the Economic Survey 2015 I-6
Contingent Fee Mean (Average) 2.3% .4% 2.9% 1.2% 10.5% 2.6%
Other Basis Mean (Average) .6% 1.7% .5% .4% .0% .0%
All Respondents Average hours per week spent on business development (Q30)
All Individuals Solo Practitioner Primary Practice
Private Firm, Partner Private Firm, Associate Private Firm, Agent Private Firm, Of Counsel
Average hours per week spent on business development First Third Number of Mean Median Quartile Quartile Individuals (Average) (Midpoint) 25% 75% 704 5.7 2.0 5.0 8.0 78 5.4 2.0 3.5 7.3 383 6.7 3.0 5.0 10.0 206 4.2 2.0 3.0 5.0 14 2.4 1.8 2.0 2.3 23 5.7 2.0 5.0 10.0
AIPLA Report of the Economic Survey 2015 I-7
Solo Practitioner
Background Information Solo Practitioner
All Individuals Admitted to the Patent Bar Age Gender
Yes
Total 122 90.2%
No
9.8%
Count
Mean (Average) Years Male Female White/Caucasian Black/African American
Ethnicity
Hispanic/Latino Asian/Pacific Islander Blended Other
IP attorney experience
Mean (Average) Years None
Highest Education other than Law
Bachelor's Degree Master's Degree Doctorate Degree Other
55.1 84.4% 15.6% 86.7% 2.5% .8% 7.5% 1.7% .8% 21.2 .8% 50.8% 36.9% 9.8% 1.6%
AIPLA Report of the Economic Survey 2015 I-8
Solo Practitioner Total Gross Income for 2014 from your primary practice (Q10) Solo Practitioner
All Individuals Fewer than 5 5-6 Years of Intellectual Property Law Experience
7-9 10-14 15-24 25-34 35 or More Boston CMSA NYC CMSA Washington, DC CMSA Other East Metro Southeast Other Southeast
Location
Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West Biotechnology Chemical
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Younger than 35 35-39 40-44
Age
45-49 50-54 55-59 60 or Older
Gender Highest Non-Law Degree Ethnicity
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian Asian/Pacific Islander
Number of Individuals 112 7 5 7 17 38 20 16 5 9 13 7 5 7 8 3 13 9 3 8 20 6 7 12 9 29 4 4 6 10 12 22 25 32 94 18 56 41 12 96 9
Total gross income in calendar year 2014 from primary practice 10th Mean First Quartile Median Third Quartile Percentile (Average) 25% (Midpoint) 75% 10% $216,692 $40,000 $100,000 $166,800 $284,721 $106,325 ISD $29,000 $40,000 $156,274 $110,840 ISD $42,500 $64,000 $202,600 $203,398 ISD $40,000 $97,000 $450,000 $154,735 $70,400 $93,750 $160,000 $205,000 $247,516 $64,360 $124,250 $197,500 $331,250 $290,595 $103,750 $156,000 $213,900 $380,000 $163,075 $34,600 $105,353 $145,000 $209,546 $192,800 ISD $79,000 $122,000 $342,000 $145,556 ISD $95,000 $110,000 $210,000 $233,408 $29,200 $63,750 $160,000 $250,000 $300,060 ISD $140,000 $300,000 $485,000 $377,168 ISD $132,300 $271,241 $675,000 $121,896 ISD $65,000 $87,000 $180,000 $123,313 ISD $61,000 $105,000 $158,125 $327,323 ISD ISD $300,000 ISD $211,056 $33,400 $110,000 $159,000 $302,864 $244,356 ISD $130,000 $250,000 $347,600 $241,667 ISD ISD $275,000 ISD $241,700 ISD $154,650 $185,000 $375,000 $208,832 $19,636 $126,250 $162,000 $278,471 $237,500 ISD $55,000 $220,000 $421,250 $226,281 ISD $100,470 $180,000 $350,000 $304,250 $89,000 $129,000 $192,000 $408,750 $184,698 ISD $96,661 $170,000 $281,481 $176,575 $29,000 $87,250 $155,000 $245,000 $209,450 ISD $135,000 $183,900 $309,450 $199,069 ISD $67,500 $153,137 $376,569 $66,500 ISD $29,000 $72,000 $97,750 $167,320 $60,500 $98,750 $169,500 $212,500 $269,607 $39,052 $120,500 $202,500 $480,567 $222,878 $54,100 $139,375 $207,500 $302,500 $260,080 $46,000 $127,500 $180,000 $341,481 $186,262 $40,000 $100,000 $157,500 $268,750 $230,858 $71,000 $120,000 $177,500 $300,000 $142,710 $32,724 $40,000 $72,500 $187,682 $236,090 $56,020 $105,353 $162,500 $300,000 $191,774 $30,072 $90,000 $164,000 $260,621 $216,667 $55,000 $105,000 $180,000 $337,500 $220,463 $40,000 $100,118 $177,500 $296,990 $180,111 ISD $92,000 $145,000 $280,000
AIPLA Report of the Economic Survey 2015 I-9
90th Percentile 90% $448,500 ISD ISD ISD $255,000 $494,650 $770,000 $330,000 ISD ISD $800,000 ISD ISD ISD ISD ISD $550,000 ISD ISD ISD $450,000 ISD ISD $895,000 ISD $395,000 ISD ISD ISD $299,680 $594,450 $412,600 $620,000 $350,000 $447,500 $508,150 $524,450 $399,000 $459,500 $450,000 ISD
Solo Practitioner Employer's 2014 contribution to all of your 401(k)/403(b) retirement and savings plans (Q11) Solo Practitioner
All Individuals Fewer than 5 Years of Intellectual Property Law Experience
10-14 15-24 25-34 35 or More Boston CMSA Other East
Location
Metro Southeast San Francisco CMSA Other West Biotechnology
IP Technical Specialization (>=50%)
Chemical Computer Software Mechanical 40-44 45-49
Age
50-54 55-59 60 or Older
Gender Highest Non-Law Degree Ethnicity
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian Asian/Pacific Islander
Employer's 2014 contribution to all of your 401(k)/403(b) retirement and savings plans 10th First Third 90th Number of Mean Median Percentile Quartile Quartile Percentile Individuals (Average) (Midpoint) 10% 25% 75% 90% 34 $24,802 $3,500 $11,550 $25,000 $36,017 $50,000 3 $23,690 ISD ISD $30,000 ISD ISD 6 $10,667 ISD $3,500 $9,000 $17,500 ISD 14 $27,836 $6,600 $12,000 $28,500 $41,250 $51,000 5 $28,300 ISD $13,500 $30,000 $42,250 ISD 5 $25,200 ISD $8,000 $25,000 $42,500 ISD 3 $9,400 ISD ISD $10,200 ISD ISD 3 $35,667 ISD ISD $35,000 ISD ISD 3 $34,333 ISD ISD $30,000 ISD ISD 5 $31,900 ISD $22,500 $30,000 $42,250 ISD 6 $19,750 ISD $3,500 $13,500 $38,125 ISD 3 $38,333 ISD ISD $45,000 ISD ISD 3 $21,333 ISD ISD $22,000 ISD ISD 7 $22,314 ISD $10,200 $25,000 $30,000 ISD 7 $32,081 ISD $25,000 $35,000 $40,000 ISD 4 $11,000 ISD $3,250 $8,000 $21,750 ISD 5 $22,840 ISD $11,100 $15,000 $38,500 ISD 5 $32,100 ISD $23,500 $30,000 $41,750 ISD 9 $28,778 ISD $5,500 $30,000 $47,500 ISD 9 $24,944 ISD $12,000 $25,000 $34,750 ISD 30 $26,052 $4,000 $12,000 $26,000 $39,301 $50,000 4 $15,425 ISD $4,050 $12,600 $29,625 ISD 16 $25,736 $3,400 $10,650 $25,000 $47,267 $51,300 13 $25,962 $3,400 $13,500 $30,000 $34,250 $46,000 5 $18,800 ISD $7,000 $15,000 $32,500 ISD 28 $26,324 $2,900 $12,000 $26,000 $39,767 $50,100 5 $20,440 ISD $11,100 $20,000 $30,000 ISD
AIPLA Report of the Economic Survey 2015 I-10
Solo Practitioner Expected total cash income for 2015 (Q12) Solo Practitioner
All Individuals Fewer than 5 5-6 Years of Intellectual Property Law Experience
7-9 10-14 15-24 25-34 35 or More Boston CMSA NYC CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West Biotechnology Chemical
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Younger than 35 35-39 40-44
Age
45-49 50-54 55-59 60 or Older
Gender Highest Non-Law Degree
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian
Ethnicity
Black/African American Asian/Pacific Islander
Number of Individuals 105 7 5 7 16 36 18 13 4 9 12 7 4 7 8 12 8 3 8 19 6 5 10 9 28 4 5 4 11 12 21 25 27 89 16 54 37 12 89 3 9
Mean (Average) $190,589 $94,857 $112,000 $219,286 $164,719 $205,786 $242,333 $162,077 $232,000 $157,222 $178,708 $205,714 $284,450 $132,857 $117,875 $157,833 $265,625 $216,667 $228,750 $179,711 $223,333 $228,400 $250,300 $151,167 $158,482 $158,750 $167,000 $67,250 $171,182 $240,000 $193,214 $222,220 $167,844 $199,270 $142,300 $213,339 $162,378 $191,667 $199,009 $113,333 $174,444
Expected total cash income for 2015 10th First Percentile Quartile Median 10% 25% (Midpoint) $46,000 $88,750 $150,000 ISD $29,000 $50,000 ISD $47,500 $75,000 ISD $65,000 $150,000 $57,000 $90,625 $155,000 $57,000 $114,750 $170,000 $55,200 $128,750 $200,000 $20,800 $105,000 $150,000 ISD $91,000 $175,000 ISD $100,000 $120,000 $20,600 $52,500 $93,750 ISD $120,000 $150,000 ISD $100,850 $227,500 ISD $60,000 $100,000 ISD $57,500 $131,500 $26,200 $52,500 $157,500 ISD $212,500 $282,500 ISD ISD $200,000 $75,000 $146,250 $175,000 $14,000 $75,000 $150,000 ISD $135,000 $200,000 ISD $71,000 $200,000 $114,700 $145,000 $210,000 ISD $48,500 $150,000 $19,400 $66,875 $150,000 ISD $70,000 $140,000 ISD $37,500 $150,000 ISD $30,500 $50,000 $52,000 $113,000 $160,000 $39,000 $81,250 $175,000 $52,000 $110,000 $180,000 $50,000 $76,500 $175,000 $21,600 $100,000 $150,000 $50,000 $100,000 $160,000 $25,200 $50,000 $91,400 $45,000 $96,875 $162,500 $29,800 $67,500 $150,000 $66,000 $92,500 $175,000 $50,000 $88,750 $160,000 ISD ISD $140,000 ISD $115,000 $150,000
AIPLA Report of the Economic Survey 2015 I-11
Third Quartile 75% $267,500 $160,000 $195,000 $400,000 $217,500 $293,750 $300,000 $220,000 $430,000 $255,000 $250,000 $300,000 $525,000 $200,000 $161,250 $200,000 $360,000 ISD $377,500 $250,000 $325,000 $400,000 $320,000 $275,000 $215,000 $266,250 $305,000 $121,250 $220,000 $395,000 $275,000 $300,000 $275,000 $282,500 $150,000 $300,000 $200,000 $290,000 $292,500 ISD $230,000
90th Percentile 90% $397,000 ISD ISD ISD $300,000 $396,500 $530,000 $350,000 ISD ISD $650,000 ISD ISD ISD ISD $366,500 ISD ISD . $450,000 ISD ISD $578,000 ISD $309,500 ISD ISD ISD $282,000 $570,000 $390,000 $540,000 $302,000 $395,000 $500,000 $475,000 $318,000 $370,000 $400,000 ISD ISD
Solo Practitioner Percent of time devoted to the following IP areas, by Income Level (Q15) Solo Practitioner
All Individuals Less than $126,000 $126,000-$150,999 $151,000-$175,999 $176,000-$200,999 $201,000-$250,999 $251,000-$300,999 $301,000-$350,999 $351,000-$400,999 $401,000-$450,999 $451,000-$500,999
Number of Individuals 112 36 10 11 8 12 10 4 5 4 3
Business Law Mean (Average) 4.5% 3.6% 3.6% 5.3% .0% 9.4% 1.0% .5% 11.0% 17.5% 5.0%
Copy- rights Mean (Average) 4.0% 7.0% 2.1% 2.5% .6% 2.8% .8% 2.0% 7.0% 11.3% 1.7%
Foreign IP Law Mean (Average) 4.0% 2.5% 7.4% 5.0% 5.6% 9.6% 2.0% .5% 7.0% .0% 3.3%
General IP Mean (Average) 6.0% 5.0% 3.1% 5.0% 6.9% 6.7% 4.8% 31.3% 8.0% 6.3% 8.3%
Patents Mean (Average) 61.6% 56.8% 66.5% 60.4% 81.1% 58.1% 66.4% 53.5% 40.0% 56.3% 58.3%
Trade Secrets Mean (Average) 3.3% 1.8% .6% 2.3% .6% 1.3% 10.9% .8% 7.0% 5.0% 5.0%
Trademarks Mean (Average) 12.9% 16.8% 10.2% 16.9% 5.1% 10.8% 12.1% 11.5% 18.0% 3.8% 1.7%
Other areas Mean (Average) .7% .4% 3.0% .0% .0% .0% 2.0% .0% 2.0% .0% .0%
New priority US and PCT Patent application prepared and filed by you in 2014 (Q17) Solo Practitioner
All Individuals Boston CMSA NYC CMSA Washington, DC CMSA Other East Metro Southeast Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas San Francisco CMSA Other West Biotechnology Chemical
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care
New priority US and PCT Patent application prepared and filed by you in 2014 (Q17) First Third Number of Mean Median Quartile Quartile Individuals (Average) (Midpoint) 25% 75% 83 19.2 5.0 12.0 20.0 4 99.3 15.8 24.0 258.0 6 15.2 4.8 11.0 25.0 8 10.9 9.3 10.0 14.3 6 14.3 1.8 13.5 26.5 3 16.7 ISD 20.0 ISD 6 14.0 5.3 8.0 24.3 6 12.3 1.8 12.5 22.0 3 14.0 ISD 12.0 ISD 11 17.3 5.0 11.0 20.0 5 10.6 1.5 5.0 22.5 5 15.6 6.5 10.0 27.5 16 19.9 5.5 13.5 24.3 5 2.8 1.5 3.0 4.0 5 9.8 3.5 10.0 16.0 9 56.2 12.5 21.0 40.0 6 10.5 1.8 10.0 17.5 24 16.4 5.0 10.0 16.5 5 17.8 13.5 20.0 21.0
AIPLA Report of the Economic Survey 2015 I-12
Solo Practitioner Percent of time devoted to the following types of work, by Income Level (Q13) Solo Practitioner
Gross Income in 2014 All Individuals Less than $126,000 $126,000-$150,999 $151,000-$175,999 $176,000-$200,999 $201,000-$250,999 $251,000-$300,999 $301,000-$350,999 $351,000-$400,999 $401,000-$450,999 $451,000-$500,999
TOTAL Number of Individuals 117 37 10 12 8 12 10 4 5 4 3
IP prosecution work Mean (Average) 53.3% 57.0% 65.0% 51.3% 66.6% 62.9% 50.4% 45.0% 38.7% 8.8% 39.3%
Opinions or counseling prior to litigation or formal ADR Mean (Average) 5.5% 3.9% 4.5% 4.1% 5.0% 7.8% 14.8% 7.5% 9.0% 1.3% .3%
IP licensing Mean (Average) 4.3% 2.1% 2.3% 4.5% 2.5% 3.7% 5.8% 1.8% 8.4% 25.0% 13.7%
Non-licensing transactional work Mean (Average) 1.9% 1.1% 1.5% 4.2% .6% .8% 2.2% .0% 7.8% 5.0% 6.7%
IP litigation Mean (Average) 9.0% 3.3% 4.5% 15.0% 8.4% 3.2% 14.3% 34.0% 13.5% 22.5% .0%
Inter partes proceedings Mean (Average) 1.2% 1.4% .7% 1.7% 3.4% .4% .0% .0% .0% .0% .0%
Other dispute resolution Mean (Average) .5% .5% .5% 1.1% .0% .4% .0% .5% .0% .0% 3.3%
Supervision and training of other attorneys or agents within your organization Mean (Average) 1.0% 1.2% .7% 1.7% 1.3% 2.5% .5% .0% .4% .0% .0%
Office management and admin. Mean (Average) 8.1% 11.3% 8.4% 5.7% 5.0% 10.2% 4.8% 7.0% 4.0% 1.3% 13.3%
Marketing/ Business Development Mean (Average) 3.5% 6.5% 2.8% 2.9% 1.6% 3.1% 1.0% 3.5% 3.4% 1.3% 1.7%
AIPLA Report of the Economic Survey 2015 I-13
Participation in bar association or professional association activities Mean (Average) 1.5% 2.2% 1.3% 1.4% .0% 1.0% 1.2% .0% 5.0% .0% 6.7%
Non-IP legal Mean (Average) 4.2% 5.4% 3.0% 3.3% .0% 2.4% 1.2% .0% 8.0% 7.5% 1.7%
Managing outside counsel for IP prosecution work Mean (Average) .9% .1% 1.8% .2% 5.6% 1.0% 2.8% .0% .0% .0% .0%
Managing outside counsel for IP litigation work Mean (Average) .1% .0% .1% .2% .0% .0% 1.0% .0% .0% .0% .0%
Pro bono work Mean (Average) 2.3% 2.7% 2.9% 1.8% .0% .4% .0% .8% 1.8% .0% .0%
Other Mean (Average) 2.7% 1.2% .0% 1.2% .0% .3% .0% .0% .0% 27.5% 13.3%
Solo Practitioner Billable hours recorded in 2014 (Q28) Solo Practitioner
All Individuals Fewer than 5 5-6 Years of Intellectual Property Law Experience
7-9 10-14 15-24 25-34 35 or More Boston CMSA NYC CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas San Francisco CMSA Other West Biotechnology
IP Technical Specialization (>=50%)
Chemical Computer Software Electrical Mechanical Younger than 35 35-39 40-44
Age
45-49 50-54 55-59 60 or Older
Gender Highest Non-Law Degree Ethnicity
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian Asian/Pacific Islander
Number of Individuals 69 3 3 4 10 25 11 11 4 6 9 4 4 4 6 3 7 4 6 9 4 5 10 7 20 4 3 7 4 12 17 22 59 10 39 23 6 59 4
How many billable hours did you record in 2014? 10th First Third Percentile Quartile Quartile Mean Median 10% 25% 75% (Average) (Midpoint) 782 100 320 800 1,130 90 ISD ISD 50 ISD 580 ISD ISD 230 ISD 531 ISD 119 287 1,188 804 133 363 700 1,155 827 129 475 900 1,098 1,018 276 500 1,200 1,500 630 60 485 600 1,000 634 ISD 559 592 750 752 ISD 153 600 1,325 796 ISD 175 600 1,425 606 ISD 67 600 1,150 952 ISD 509 703 1,644 459 ISD 113 375 889 610 ISD 175 705 963 1,351 ISD ISD 1,440 ISD 742 ISD 174 500 1,500 1,200 ISD 1,025 1,150 1,425 808 ISD 320 800 1,188 733 ISD 175 980 1,150 490 ISD 119 330 1,021 872 ISD 125 812 1,650 896 68 538 705 1,300 581 ISD 100 700 980 705 25 213 750 1,075 430 ISD 28 125 1,138 450 ISD ISD 400 ISD 835 ISD 600 810 1,200 716 ISD 235 417 1,496 831 75 350 990 1,145 1,099 248 475 1,200 1,600 616 29 161 650 1,000 788 100 340 812 1,160 748 19 175 567 1,226 864 50 500 950 1,200 679 70 230 530 1,000 724 ISD 161 475 1,325 825 100 400 875 1,200 636 ISD 140 422 1,346
AIPLA Report of the Economic Survey 2015 I-14
90th Percentile 90% 1,500 ISD ISD ISD 1,932 1,540 1,600 1,090 ISD ISD ISD ISD ISD ISD ISD ISD ISD ISD ISD ISD ISD ISD 1,870 ISD 1,482 ISD ISD ISD ISD 1,403 1,920 1,100 1,500 1,980 1,600 1,440 ISD 1,500 ISD
Solo Practitioner Average hourly billing rate in 2014 (Q29) Solo Practitioner
All Individuals Fewer than 5 5-6 Years of Intellectual Property Law Experience
7-9 10-14 15-24 25-34 35 or More Boston CMSA NYC CMSA Washington, DC CMSA Other East Metro Southeast Other Southeast
Location
Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West Biotechnology Chemical
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Younger than 35 35-39 40-44
Age
45-49 50-54 55-59 60 or Older
Gender Highest Non-Law Degree Ethnicity
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian Asian/Pacific Islander
Number of Individuals 97 6 4 6 15 33 15 16 4 9 11 7 5 7 7 4 12 7 3 8 11 5 7 12 7 27 4 4 4 10 9 19 21 30 82 15 52 34 9 83 8
Mean (Average) $321 $235 $274 $240 $313 $322 $398 $329 $311 $342 $370 $301 $327 $299 $337 $281 $272 $323 $303 $412 $281 $301 $340 $342 $379 $282 $310 $264 $224 $326 $307 $310 $368 $318 $328 $284 $316 $317 $365 $320 $354
Average hourly billing rate in 2014 10th First Median Percentile Quartile 25% (Midpoint) 10% $200 $265 $300 ISD $190 $225 ISD $228 $275 ISD $164 $255 $196 $275 $300 $216 $288 $310 $265 $300 $400 $185 $274 $343 ISD $280 $298 ISD $250 $350 $131 $300 $395 ISD $270 $280 ISD $238 $300 ISD $300 $300 ISD $250 $300 ISD $224 $298 $153 $235 $268 ISD $300 $325 ISD ISD $300 ISD $356 $393 $108 $200 $300 ISD $253 $300 ISD $295 $315 $253 $296 $300 ISD $300 $360 $143 $240 $300 ISD $225 $320 ISD $200 $250 ISD $168 $220 $251 $290 $313 ISD $250 $300 $200 $275 $300 $242 $288 $350 $187 $250 $300 $200 $274 $305 $145 $250 $295 $200 $264 $300 $210 $250 $305 ISD $265 $350 $200 $260 $300 ISD $300 $320
AIPLA Report of the Economic Survey 2015 I-15
Third Quartile 75% $375 $300 $319 $314 $350 $368 $500 $390 $356 $425 $450 $300 $430 $315 $425 $323 $326 $350 ISD $484 $355 $350 $420 $400 $450 $310 $385 $341 $284 $381 $368 $350 $425 $378 $388 $325 $354 $378 $492 $375 $384
90th Percentile 90% $450 ISD ISD ISD $460 $400 $574 $464 ISD ISD $598 ISD ISD ISD ISD ISD $385 ISD ISD ISD $399 ISD ISD $478 ISD $420 ISD ISD ISD $423 ISD $400 $540 $448 $482 $414 $445 $423 ISD $450 ISD
Solo Practitioner Percent of services in 2014 that were billed (or will be billed) by type of basis (Q27) Solo Practitioner
All Individuals Fewer than 5 5-6 Years of Intellectual Property Law Experience
7-9 10-14 15-24 25-34 35 or More Boston CMSA NYC CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas San Francisco CMSA Other West Biotechnology Chemical
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Younger than 35 35-39 40-44
Age
45-49 50-54 55-59 60 or Older
Gender Highest Non-Law Degree Ethnicity
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian Asian/Pacific Islander
Number of Individuals 107 7 4 7 17 36 18 16 5 9 12 7 5 7 7 4 13 8 7 18 4 7 12 8 29 5 4 5 11 11 21 23 32 89 18 55 40 10 93 7
Hourly Billing Mean (Average) 59.6% 37.1% 68.8% 50.7% 39.1% 66.1% 61.8% 71.6% 63.0% 40.6% 60.4% 75.7% 65.0% 56.4% 76.4% 86.3% 48.1% 73.9% 66.1% 42.5% 87.5% 72.1% 56.8% 86.9% 57.9% 46.0% 55.0% 35.0% 52.7% 54.6% 61.4% 66.7% 61.7% 61.7% 49.1% 65.7% 54.6% 48.0% 61.2% 40.7%
Predetermined Fee Mean (Average) 38.4% 57.1% 31.3% 49.3% 60.9% 30.5% 38.2% 24.7% 37.0% 48.3% 39.6% 24.3% 31.0% 42.9% 23.6% 13.8% 51.9% 26.1% 33.9% 52.2% 12.5% 27.9% 43.3% 1.3% 41.9% 54.0% 45.0% 65.0% 38.6% 45.4% 38.3% 31.5% 35.8% 36.5% 47.6% 32.8% 42.0% 52.0% 37.5% 59.3%
AIPLA Report of the Economic Survey 2015 I-16
Contingent Fee Mean (Average) .4% 5.7% .0% .0% .0% .0% .0% .0% .0% 4.4% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% 1.7% .0% .0% 2.2% .0% 1.0% .0% .4% .0%
Other Basis Mean (Average) 1.7% .0% .0% .0% .0% 3.3% .0% 3.8% .0% 6.7% .0% .0% 4.0% .7% .0% .0% .0% .0% .0% 5.3% .0% .0% .0% 11.9% .2% .0% .0% .0% 8.6% .0% .2% .0% 2.5% 1.8% 1.1% 1.5% 2.4% .0% .9% .0%
Solo Practitioner Dollar amount billed for legal services performed in 2014 (Q26) Solo Practitioner
All Individuals Fewer than 5 5-6 Years of Intellectual Property Law Experience
7-9 10-14 15-24 25-34 35 or More Boston CMSA NYC CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas San Francisco CMSA Other West Biotechnology Chemical
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Younger than 35 35-39 40-44
Age
45-49 50-54 55-59 60 or Older
Gender Highest Non-Law Degree Ethnicity
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian Asian/Pacific Islander
Number of Individuals 102 8 4 7 17 32 16 16 5 9 12 6 5 7 7 3 14 7 5 18 4 7 12 8 28 4 5 5 10 11 20 20 31 86 16 51 39 10 90 6
Dollar amount was billed for the legal services you performed in 2014? 10th Mean First Quartile Median Third Quartile Percentile (Average) 25% (Midpoint) 75% 10% $259,071 $60,000 $134,750 $215,001 $341,750 $142,536 ISD $31,750 $55,000 $262,500 $187,875 ISD $38,000 $115,000 $410,625 $214,447 ISD $60,000 $250,000 $294,127 $221,371 $88,000 $150,000 $200,000 $277,500 $289,309 $110,000 $161,472 $262,500 $398,750 $345,188 $138,500 $196,250 $254,000 $390,000 $211,132 $84,500 $105,353 $212,501 $274,411 $319,600 ISD $193,500 $227,000 $492,000 $175,000 ISD $105,000 $180,000 $250,000 $240,608 $46,000 $99,325 $185,000 $255,000 $230,521 ISD $135,500 $237,500 $310,596 $500,185 ISD $145,962 $359,000 $925,000 $218,167 ISD $100,000 $165,886 $339,000 $205,571 ISD $60,000 $195,000 $324,000 $343,823 ISD ISD $400,000 ISD $195,046 $38,000 $84,250 $165,000 $303,232 $301,643 ISD $200,000 $280,000 $445,000 $329,000 ISD $210,000 $300,000 $462,500 $277,005 $95,000 $157,500 $249,500 $351,250 $138,000 ISD $54,000 $115,000 $245,000 $331,353 ISD $110,000 $240,000 $531,000 $401,417 $200,600 $239,000 $342,000 $489,750 $214,761 ISD $162,500 $210,001 $305,000 $212,976 $91,500 $117,725 $195,000 $275,000 $272,500 ISD $187,500 $280,000 $350,000 $245,057 ISD $45,000 $150,000 $492,643 $90,400 ISD $27,500 $95,000 $151,000 $279,139 $70,000 $160,000 $225,000 $466,125 $331,012 $68,000 $227,000 $260,000 $445,000 $239,869 $47,000 $137,250 $240,000 $333,772 $309,650 $101,000 $158,750 $205,000 $386,000 $236,292 $88,538 $110,000 $205,000 $275,000 $269,858 $95,000 $143,000 $235,000 $351,250 $201,091 $38,200 $66,731 $190,000 $249,750 $298,304 $88,538 $144,000 $240,000 $400,000 $222,387 $50,000 $110,000 $205,000 $275,000 $213,100 $57,800 $132,500 $197,500 $323,750 $265,236 $62,692 $134,750 $215,001 $352,250 $249,500 ISD $185,250 $280,000 $312,500
AIPLA Report of the Economic Survey 2015 I-17
90th Percentile 90% $486,836 ISD ISD ISD $425,000 $487,700 $895,000 $368,500 ISD ISD $805,000 ISD ISD ISD ISD ISD $450,000 ISD ISD $534,500 ISD ISD $857,500 ISD $400,000 ISD ISD ISD $521,250 $782,200 $400,000 $952,500 $392,000 $485,950 $526,800 $525,000 $395,000 $350,000 $498,750 ISD
Private Firm, Partner
Background Information Private Firm, Partner
All Individuals Admitted to the Patent Bar Age Gender
Yes
Total 458 90.1%
No
9.9%
Count
Mean (Average) Years Male Female White/Caucasian Black/African American Hispanic/Latino
Ethnicity
Asian/Pacific Islander North American Indian/Native Canadian Blended Other
IP attorney experience
Mean (Average) Years None
Highest Education other than Law
Bachelor's Degree Master's Degree Doctorate Degree Other
52.5 86.8% 13.2% 92.2% .2% 1.3% 3.6% .2% 1.6% .9% 22.2 4.8% 66.5% 21.4% 6.3% .9%
AIPLA Report of the Economic Survey 2015 I-18
Private Firm, Partner Total Gross Income for 2014 from your primary practice (Q10) Private Firm, Partner
All Individuals 5-6 Years of Intellectual Property Law Experience
7-9 10-14 15-24 25-34 35 or More Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West Biotechnology Chemical Computer Hardware
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Pharmaceutical Younger than 35 35-39 40-44
Age
45-49 50-54 55-59 60 or Older
Gender Highest Non-Law Degree
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian Hispanic/Latino
Ethnicity
Asian/Pacific Islander Blended Other 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50 51-100 101-150 More than 150
Number of Individuals 415 7 24 57 170 100 54 18 31 17 69 18 10 11 25 21 87 29 10 21 48 17 29 5 38 39 86 22 14 4 29 52 82 85 63 100 358 53 276 91 25 373 6 14 7 4 35 60 58 94 71 44 20 20
Total gross income in calendar year 2014 from primary practice 10th Mean First Quartile Median Third Quartile Percentile (Average) 25% (Midpoint) 75% 10% $505,316 $180,000 $260,000 $400,000 $650,000 $164,031 ISD $136,000 $157,717 $200,000 $306,208 $200,000 $217,000 $255,000 $387,500 $400,135 $156,400 $240,000 $330,000 $490,000 $527,232 $185,500 $300,000 $450,000 $675,000 $568,265 $231,000 $300,000 $450,000 $693,750 $571,395 $181,950 $311,250 $500,000 $731,250 $596,139 $240,800 $379,375 $500,000 $653,750 $640,678 $192,000 $320,000 $453,365 $785,000 $552,941 $226,000 $292,500 $500,000 $650,000 $529,771 $220,000 $310,000 $400,000 $712,500 $452,025 $141,200 $243,750 $395,500 $708,750 $560,300 $250,000 $287,500 $402,500 $658,250 $326,164 $150,000 $173,800 $270,000 $450,000 $420,814 $153,800 $228,750 $435,000 $530,000 $533,262 $258,200 $336,000 $405,000 $562,500 $400,792 $174,600 $225,000 $340,000 $500,000 $547,441 $200,000 $300,000 $510,000 $762,500 $486,550 $115,450 $325,000 $492,500 $707,500 $864,824 $217,600 $340,000 $661,000 $1,450,000 $423,806 $156,945 $221,250 $350,000 $588,750 $513,089 $140,100 $275,000 $400,000 $565,000 $443,371 $173,800 $212,500 $350,492 $625,000 $397,800 ISD $244,500 $300,000 $600,000 $470,495 $197,500 $300,000 $379,500 $655,000 $548,655 $190,000 $250,000 $480,000 $750,000 $463,108 $150,000 $236,250 $395,000 $600,000 $513,695 $250,000 $313,213 $542,500 $702,500 $416,628 $197,500 $287,625 $370,000 $476,822 $202,250 ISD $136,500 $144,000 $326,250 $332,214 $160,500 $200,000 $250,000 $357,500 $479,566 $173,240 $250,000 $345,000 $553,750 $524,606 $191,300 $267,500 $455,000 $700,000 $516,288 $200,000 $302,500 $453,365 $644,929 $549,556 $205,000 $315,000 $425,000 $650,000 $528,011 $191,000 $265,000 $450,000 $707,500 $519,759 $199,800 $283,500 $414,111 $650,250 $417,780 $150,000 $200,000 $350,000 $500,000 $491,006 $180,000 $250,000 $400,000 $639,965 $521,522 $200,000 $285,000 $450,000 $650,000 $443,853 $124,200 $187,500 $360,962 $537,500 $491,515 $176,200 $260,000 $400,000 $645,000 $581,250 ISD $324,375 $690,000 $757,500 $617,321 $150,000 $200,000 $415,000 $800,000 $461,974 ISD $300,000 $500,000 $600,000 $962,500 ISD $212,500 $875,000 $1,800,000 $281,655 $61,200 $157,717 $248,000 $360,000 $343,301 $150,000 $200,000 $300,000 $450,000 $407,299 $150,000 $218,750 $327,500 $550,000 $518,128 $218,750 $300,000 $400,000 $605,500 $553,789 $267,200 $330,000 $480,000 $700,000 $656,767 $316,250 $384,250 $600,000 $772,500 $812,893 $297,565 $466,250 $762,500 $1,012,500 $777,350 $336,400 $462,500 $670,000 $892,750
AIPLA Report of the Economic Survey 2015 I-19
90th Percentile 90% $900,000 ISD $502,500 $870,200 $915,700 $993,500 $1,100,032 $1,100,000 $1,500,000 $1,080,000 $950,000 $828,600 $1,598,300 $646,000 $704,000 $1,326,000 $801,489 $950,000 $748,000 $1,768,660 $818,000 $1,240,000 $850,000 ISD $739,500 $1,000,000 $843,000 $787,212 $843,000 ISD $550,000 $991,000 $941,000 $850,000 $980,000 $972,000 $923,000 $794,400 $872,200 $990,000 $1,017,000 $876,200 ISD $1,840,000 ISD ISD $600,000 $600,000 $852,000 $950,000 $996,000 $1,000,032 $1,680,000 $1,590,000
Private Firm, Partner Employer's 2014 contribution to all of your 401(k)/403(b) retirement and savings plans (Q11) Private Firm, Partner
All Individuals 5-6 Years of Intellectual Property Law Experience
7-9 10-14 15-24 25-34 35 or More Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West Biotechnology Chemical Computer Hardware
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Pharmaceutical 35-39 40-44
Age
45-49 50-54 55-59 60 or Older
Gender Highest Non-Law Degree
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian
Ethnicity
Hispanic/Latino Asian/Pacific Islander Blended 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50 51-100 101-150 More than 150
Employer's 2014 contribution to all of your 401(k)/403(b) retirement and savings plans 10th First Third 90th Number of Mean Median Percentile Quartile Quartile Percentile Individuals (Average) (Midpoint) 10% 25% 75% 90% 231 $23,112 $5,000 $10,000 $20,000 $33,000 $50,000 4 $9,303 ISD $3,000 $4,605 $20,303 ISD 15 $17,980 $3,400 $5,000 $18,000 $26,000 $41,800 29 $20,218 $5,000 $7,800 $20,000 $31,250 $37,500 95 $23,401 $5,000 $8,000 $20,000 $33,500 $50,000 58 $23,347 $3,225 $10,400 $22,500 $30,750 $50,000 29 $28,759 $10,500 $15,326 $23,920 $43,500 $56,500 9 $26,000 ISD $9,000 $21,000 $50,000 ISD 17 $28,676 $6,600 $16,000 $25,000 $45,000 $55,300 8 $20,031 ISD $10,000 $12,750 $32,000 ISD 32 $24,235 $3,950 $9,250 $20,000 $32,875 $57,210 13 $18,320 $2,604 $6,750 $20,000 $25,000 $38,000 6 $21,833 ISD $8,250 $24,000 $35,000 ISD 5 $16,100 ISD $4,250 $14,500 $28,750 ISD 17 $22,381 $4,396 $6,550 $20,000 $32,950 $50,000 19 $23,537 $5,700 $12,000 $23,920 $27,000 $45,000 43 $20,314 $5,000 $7,800 $20,000 $30,000 $38,000 17 $27,354 $5,303 $16,500 $21,500 $36,250 $59,000 4 $16,225 ISD $11,550 $16,250 $20,875 ISD 12 $26,667 $7,200 $15,250 $22,500 $34,500 $60,900 29 $23,479 $3,000 $9,100 $20,000 $35,250 $52,000 5 $27,400 ISD $18,000 $23,000 $39,000 ISD 18 $17,463 $4,800 $7,375 $16,500 $25,000 $33,200 3 $25,333 ISD ISD $20,000 ISD ISD 25 $20,363 $3,000 $6,150 $14,500 $25,000 $45,600 16 $23,506 $4,740 $9,250 $18,000 $37,875 $54,100 53 $22,076 $3,520 $12,000 $20,000 $30,000 $47,600 10 $15,920 $5,280 $7,950 $12,700 $23,500 $38,500 9 $23,270 ISD $12,000 $22,000 $30,500 ISD 18 $13,818 $2,493 $3,750 $10,900 $25,250 $28,000 27 $30,404 $4,860 $14,500 $20,000 $43,550 $72,600 49 $20,688 $5,000 $7,750 $20,000 $29,000 $37,500 46 $22,839 $5,040 $9,500 $22,750 $34,125 $46,500 35 $20,940 $4,860 $10,000 $20,000 $25,000 $50,000 54 $26,821 $7,088 $15,000 $23,250 $38,500 $53,000 205 $23,336 $5,000 $10,000 $20,500 $33,000 $50,000 24 $22,250 $3,550 $8,450 $20,000 $35,000 $50,000 159 $22,949 $5,000 $9,000 $21,000 $33,000 $45,000 47 $24,183 $4,600 $10,000 $20,000 $33,400 $51,200 14 $18,736 $5,900 $12,875 $17,750 $23,500 $36,250 209 $23,138 $5,000 $10,000 $20,000 $33,000 $50,000 3 $15,827 ISD ISD $20,500 ISD ISD 7 $20,000 ISD $15,000 $16,000 $25,000 ISD 5 $16,903 ISD $3,008 $21,500 $28,500 ISD 20 $26,648 $3,250 $13,625 $23,250 $40,000 $50,000 35 $21,854 $4,600 $7,800 $20,000 $26,000 $48,200 37 $17,188 $4,650 $7,000 $11,000 $20,500 $52,400 59 $21,243 $3,000 $7,800 $20,000 $30,000 $50,000 39 $24,559 $7,800 $18,000 $25,000 $34,000 $39,000 20 $33,200 $15,250 $22,250 $28,750 $38,750 $55,650 7 $28,929 ISD $21,000 $25,000 $33,000 ISD 9 $28,694 ISD $12,000 $22,000 $47,000 ISD
AIPLA Report of the Economic Survey 2015 I-20
Private Firm, Partner Expected total cash income for 2015 (Q12) Private Firm, Partner
All Individuals 5-6 Years of Intellectual Property Law Experience
7-9 10-14 15-24 25-34 35 or More Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West Biotechnology Chemical Computer Hardware
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Pharmaceutical Younger than 35 35-39 40-44
Age
45-49 50-54 55-59 60 or Older
Gender Highest Non-Law Degree
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian Hispanic/Latino
Ethnicity
Asian/Pacific Islander Blended Other 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50 51-100 101-150 More than 150
Number of Individuals 409 8 24 56 167 99 52 18 30 16 67 17 10 11 26 21 85 29 10 21 48 15 29 5 38 39 86 22 14 4 28 53 80 84 63 97 354 51 274 89 23 367 6 15 7 4 35 60 54 95 70 42 20 20
Mean (Average) $500,925 $231,813 $306,271 $402,125 $529,476 $566,724 $531,469 $609,889 $671,900 $460,938 $535,134 $451,147 $729,000 $313,182 $407,831 $554,048 $389,357 $533,448 $527,000 $711,660 $439,396 $439,467 $438,155 $373,000 $474,000 $561,129 $456,436 $526,337 $415,357 $250,000 $314,339 $481,113 $516,512 $516,933 $567,548 $505,969 $522,248 $366,716 $491,076 $502,532 $425,304 $491,287 $585,333 $536,000 $490,000 $1,068,750 $283,527 $338,850 $370,435 $529,531 $557,214 $634,236 $790,250 $800,100
Expected total cash income for 2015 10th First Median Percentile Quartile (Midpoint) 10% 25% $180,000 $261,000 $400,000 ISD $154,000 $221,250 $200,000 $210,625 $300,000 $160,000 $242,500 $325,000 $179,000 $300,000 $450,000 $230,000 $300,000 $430,000 $175,000 $307,500 $487,690 $241,000 $368,750 $500,000 $250,000 $342,500 $452,500 $202,500 $300,000 $425,000 $169,600 $300,000 $425,000 $144,000 $225,000 $430,000 $210,000 $326,250 $522,500 $150,000 $180,000 $300,000 $117,500 $205,500 $375,000 $279,000 $335,000 $410,000 $184,000 $245,000 $320,000 $200,000 $300,000 $500,000 $135,500 $368,750 $517,500 $139,000 $310,000 $650,000 $151,800 $222,500 $350,000 $112,000 $252,000 $375,000 $150,000 $232,500 $345,000 ISD $247,500 $300,000 $223,750 $300,000 $400,000 $150,000 $250,000 $500,000 $151,400 $247,500 $379,500 $222,000 $315,000 $550,000 $167,500 $237,500 $390,000 ISD $150,000 $225,000 $159,200 $200,500 $250,000 $177,000 $250,000 $350,000 $200,000 $262,500 $400,000 $176,000 $300,000 $450,000 $174,500 $310,000 $450,000 $172,000 $277,500 $400,000 $198,000 $293,750 $400,000 $104,000 $212,500 $350,000 $192,500 $250,000 $400,000 $192,000 $300,000 $400,000 $108,000 $180,000 $325,000 $179,000 $262,000 $400,000 ISD $273,000 $690,000 $94,000 $175,000 $360,000 ISD $300,000 $500,000 ISD $281,250 $1,000,000 $100,000 $150,000 $250,000 $126,500 $200,000 $310,000 $154,750 $233,750 $315,000 $200,000 $295,000 $400,000 $281,000 $345,250 $500,000 $313,000 $381,750 $575,000 $300,500 $462,500 $750,000 $346,000 $500,000 $700,000
AIPLA Report of the Economic Survey 2015 I-21
Third Quartile 75% $650,000 $287,500 $350,000 $493,750 $700,000 $700,000 $718,750 $673,750 $788,750 $637,500 $700,000 $652,500 $1,045,000 $475,000 $521,650 $615,000 $487,690 $750,000 $707,500 $1,100,000 $568,750 $575,000 $612,500 $535,000 $650,750 $800,000 $560,000 $732,500 $512,500 $375,000 $346,250 $650,000 $650,000 $629,894 $650,000 $700,000 $654,750 $500,000 $650,000 $625,000 $550,000 $600,000 $800,000 $625,000 $650,000 $1,925,000 $340,000 $453,750 $462,500 $650,000 $700,000 $757,500 $975,000 $937,500
90th Percentile 90% $900,000 ISD $505,000 $846,800 $910,000 $1,000,000 $900,000 $1,100,000 $1,745,000 $815,000 $910,000 $839,200 $1,960,000 $630,000 $712,000 $1,350,000 $770,000 $900,000 $847,000 $1,380,000 $950,000 $895,000 $824,000 ISD $800,000 $1,000,000 $850,000 $809,095 $825,000 ISD $469,000 $980,000 $945,000 $825,000 $1,000,000 $900,000 $925,000 $620,000 $887,500 $860,000 $920,000 $880,000 ISD $1,760,000 ISD ISD $586,200 $600,000 $675,000 $1,000,000 $941,000 $985,000 $1,480,000 $1,705,000
Private Firm, Partner Percent of time devoted to the following types of work, by Income Level (Q13) Private Firm, Partner
Gross Income in 2014 All Individuals Less than $126,000 $126,000-$150,999 $151,000-$175,999 $176,000-$200,999 $201,000-$250,999 $251,000-$300,999 $301,000-$350,999 $351,000-$400,999 $401,000-$450,999 $451,000-$500,999 $501,000-$600,999 $601,000-$750,999 $751,000 or more
TOTAL Number of Individuals 440 12 14 12 18 42 35 45 31 21 30 39 46 65
IP prosecution work Mean (Average) 42.1% 46.4% 53.4% 54.5% 45.7% 46.1% 52.9% 51.7% 50.3% 41.0% 40.1% 37.6% 32.9% 31.0%
Opinions or counseling prior to litigation or formal ADR Mean (Average) 8.5% 3.4% 13.9% 3.3% 6.3% 8.3% 8.4% 7.9% 10.4% 8.2% 11.9% 7.3% 10.4% 7.9%
IP licensing Mean (Average) 4.0% 1.7% 1.8% 4.3% 5.6% 7.1% 3.1% 4.0% 5.5% 4.2% 5.9% 3.5% 3.1% 2.8%
Non-licensing transactional work Mean (Average) 2.7% 1.6% .1% 2.1% 1.9% 4.2% 1.9% 2.6% 3.4% 2.5% 3.3% 2.4% 2.9% 3.1%
IP litigation Mean (Average) 15.5% 9.3% 2.8% 8.8% 8.1% 11.0% 11.5% 8.2% 7.7% 16.7% 16.7% 17.2% 21.7% 27.2%
Inter partes proceedings Mean (Average) 3.8% .3% .1% 3.3% 3.7% 2.6% .8% 4.6% 3.8% 2.2% 2.1% 5.0% 7.1% 5.3%
Other dispute resolution Mean (Average) .7% .6% .7% .0% .3% .5% .2% .4% 1.1% 1.0% 1.5% .8% .5% .5%
Supervision and training of other attorneys or agents within your organization Mean (Average) 6.8% 4.2% 11.0% 3.7% 5.5% 6.6% 8.0% 5.9% 6.6% 9.0% 5.5% 8.6% 7.3% 6.7%
Office management and admin. Mean (Average) 6.4% 11.0% 10.1% 11.1% 8.6% 6.6% 5.7% 6.7% 5.5% 7.4% 4.9% 7.5% 5.1% 4.7%
Marketing/ Business Development Mean (Average) 5.1% 6.8% 2.8% 6.1% 4.2% 4.3% 3.7% 5.0% 2.8% 4.7% 3.5% 5.1% 5.7% 7.1%
Participation in bar association or professional association activities Mean (Average) 1.8% 3.7% 2.6% .6% 2.1% 1.2% 1.6% 1.9% 1.3% 1.3% 2.6% 1.8% 1.7% 1.7%
Non-IP legal Mean (Average) 1.1% 6.8% .0% .4% 5.3% .4% 1.5% .1% .0% 1.4% .7% 1.1% .8% .8%
Managing outside counsel for IP prosecution work Mean (Average) .2% .0% .0% 1.3% .8% .3% .4% .3% .5% .5% .2% .0% .0% .1%
Managing outside counsel for IP litigation work Mean (Average) .1% .0% .0% .4% 1.1% .1% .0% .0% .0% .0% .2% .3% .0% .0%
Pro bono work Mean (Average) .8% 4.4% .8% .3% .9% .8% .3% .7% 1.1% .0% .6% .8% .7% .8%
Other Mean (Average) .4% .0% .0% .0% .0% .0% .0% .0% .0% .0% .3% .8% .2% .5%
Percent of time devoted to the following IP areas, by Income Level (Q15) Private Firm, Partner
All Individuals Less than $126,000 $126,000-$150,999 $151,000-$175,999 $176,000-$200,999 $201,000-$250,999 $251,000-$300,999 $301,000-$350,999 $351,000-$400,999 $401,000-$450,999 $451,000-$500,999 $501,000-$600,999 $601,000-$750,999 $751,000 or more
Number of Individuals 427 12 13 12 17 41 34 43 31 21 29 39 43 64
Business Law Mean (Average) 2.0% 5.2% .2% 2.3% 1.8% 4.0% 1.6% 1.0% 1.5% .7% 3.4% 3.1% .7% 1.7%
Copy- rights Mean (Average) 3.0% 4.8% .8% 3.4% 5.1% 5.7% 2.0% 2.6% 2.6% 1.5% 3.9% 2.8% 3.0% 2.6%
Foreign IP Law Mean (Average) 4.4% 1.8% 4.0% 4.8% 5.6% 5.5% 5.1% 3.3% 7.9% 9.9% 6.4% 3.6% 3.6% 2.5%
General IP Mean (Average) 5.8% 6.5% 4.5% 3.5% 12.9% 10.4% 3.4% 4.6% 5.1% 6.9% 3.1% 4.4% 6.6% 5.5%
Patents Mean (Average) 68.9% 54.8% 73.8% 52.5% 57.6% 57.7% 74.1% 73.1% 69.2% 70.4% 62.8% 68.1% 78.3% 73.8%
AIPLA Report of the Economic Survey 2015 I-22
Trade Secrets Mean (Average) 2.5% .0% 1.3% 1.2% 2.3% 3.7% 2.1% 1.3% 2.6% 1.5% 1.2% 3.1% 2.1% 3.2%
Trademarks Mean (Average) 11.0% 16.0% 11.6% 27.0% 14.7% 12.3% 10.2% 12.5% 8.9% 6.4% 17.9% 10.8% 4.4% 9.4%
Other areas Mean (Average) 1.1% 5.0% .0% .0% .0% .1% 1.2% .1% 2.2% 2.9% 1.4% .8% .2% 1.1%
Private Firm, Partner New priority US and PCT Patent application prepared and filed by you in 2014 (Q17) Private Firm, Partner
All Individuals Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West Biotechnology Chemical Computer Hardware
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Pharmaceutical 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50 51-100 101-150 More than 150
New priority US and PCT Patent application prepared and filed by you in 2014 (Q17) First Third Number of Mean Median Quartile Quartile Individuals (Average) (Midpoint) 25% 75% 296 26.5 9.0 15.0 25.0 13 42.3 7.5 18.0 25.0 21 29.9 10.0 20.0 37.5 12 9.8 5.0 7.0 14.3 42 30.6 5.8 15.0 25.0 16 13.8 6.5 13.0 21.8 9 11.3 7.5 10.0 16.0 7 19.1 6.0 15.0 35.0 21 19.0 9.5 12.0 23.5 14 22.4 12.0 17.5 30.0 62 31.1 10.0 20.0 30.5 21 24.9 5.0 15.0 35.0 7 14.9 5.0 10.0 25.0 12 24.4 10.0 15.0 24.0 39 32.1 8.0 15.0 30.0 13 15.5 7.0 10.0 25.0 24 20.1 8.5 15.0 20.0 5 29.0 12.5 25.0 47.5 33 21.9 10.0 15.0 32.0 32 66.0 15.8 25.0 35.8 76 22.6 8.3 15.0 25.0 16 17.8 6.5 12.5 27.3 6 9.3 2.0 10.0 14.0 22 13.9 5.0 9.5 16.3 55 22.5 8.0 15.0 28.0 45 24.0 10.0 16.0 25.0 77 22.5 10.0 15.0 25.0 46 32.4 7.5 19.0 25.0 30 35.4 8.8 20.0 30.0 12 47.5 7.5 23.0 57.8 9 42.0 6.5 10.0 15.0
AIPLA Report of the Economic Survey 2015 I-23
Private Firm, Partner Billable hours recorded in 2014 (Q28) Private Firm, Partner
All Individuals 5-6 Years of Intellectual Property Law Experience
7-9 10-14 15-24 25-34 35 or More Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West Biotechnology Chemical Computer Hardware
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Pharmaceutical 35-39 40-44
Age
45-49 50-54 55-59 60 or Older
Gender Highest Non-Law Degree
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian Hispanic/Latino
Ethnicity
Asian/Pacific Islander Blended Other 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50 51-100 101-150 More than 150
Number of Individuals 356 6 16 44 143 93 51 15 29 13 53 15 11 7 24 20 76 24 9 19 41 16 30 3 30 30 72 19 13 23 43 64 73 56 93 308 43 237 80 17 321 5 11 4 3 27 48 44 82 69 44 20 21
How many billable hours did you record in 2014? 10th First Percentile Quartile Mean Median Third 10% 25% (Average) (Midpoint) Quartile 75% 1,504 863 1,243 1,500 1,800 1,215 ISD 659 1,275 1,814 1,629 958 1,472 1,664 1,903 1,583 1,023 1,304 1,675 1,800 1,516 770 1,200 1,500 1,900 1,428 900 1,200 1,500 1,700 1,542 1,006 1,300 1,500 1,800 1,357 544 1,200 1,409 1,700 1,428 475 1,000 1,407 1,800 1,529 931 1,150 1,400 1,925 1,510 716 1,125 1,600 1,838 1,357 854 1,200 1,400 1,600 1,695 1,260 1,500 1,700 1,850 1,453 ISD 1,000 1,450 2,000 1,451 700 1,064 1,500 1,800 1,582 1,305 1,450 1,522 1,754 1,599 1,084 1,400 1,608 1,854 1,279 339 963 1,400 1,633 1,374 ISD 1,000 1,450 1,750 1,612 500 1,200 1,750 2,000 1,537 783 1,145 1,600 1,871 1,478 667 1,063 1,500 1,788 1,459 673 1,152 1,600 1,814 1,817 ISD ISD 1,750 ISD 1,449 1,019 1,200 1,484 1,682 1,449 696 1,200 1,455 1,813 1,562 1,047 1,300 1,575 1,800 1,543 900 1,270 1,699 1,900 1,337 961 1,000 1,300 1,550 1,611 806 1,250 1,750 2,000 1,631 1,108 1,350 1,650 1,841 1,527 775 1,200 1,648 1,893 1,472 740 1,200 1,500 1,800 1,449 900 1,113 1,500 1,750 1,452 788 1,200 1,480 1,795 1,513 897 1,250 1,550 1,800 1,451 740 1,200 1,452 1,750 1,506 832 1,250 1,532 1,800 1,549 1,005 1,255 1,600 1,838 1,312 369 915 1,500 1,775 1,503 840 1,220 1,550 1,800 1,404 ISD 1,126 1,270 1,750 1,382 600 1,300 1,500 1,500 1,621 ISD 1,355 1,484 2,025 1,663 ISD ISD 1,690 ISD 1,145 576 750 1,200 1,450 1,368 766 1,000 1,400 1,800 1,349 488 900 1,450 1,700 1,532 1,000 1,200 1,500 1,855 1,605 1,100 1,325 1,550 1,800 1,704 1,225 1,481 1,700 1,894 1,640 1,265 1,425 1,700 1,836 1,614 410 1,600 1,700 1,888
AIPLA Report of the Economic Survey 2015 I-24
90th Percentile 90% 2,018 ISD 2,219 2,052 2,180 1,927 2,200 2,040 2,200 2,200 2,120 1,762 2,320 ISD 1,954 1,887 2,001 1,863 ISD 2,400 2,200 2,330 1,945 ISD 2,000 2,090 2,000 2,100 2,083 2,322 2,200 2,025 2,060 2,065 2,000 2,100 2,000 2,000 2,100 1,920 2,003 ISD 1,860 ISD ISD 1,795 1,929 2,150 2,200 2,200 2,100 2,085 2,120
Private Firm, Partner Average hourly billing rate in 2014 (Q29) Private Firm, Partner
All Individuals 5-6 Years of Intellectual Property Law Experience
7-9 10-14 15-24 25-34 35 or More Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West Biotechnology Chemical Computer Hardware
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Pharmaceutical Younger than 35 35-39 40-44
Age
45-49 50-54 55-59 60 or Older
Gender Highest Non-Law Degree
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian Hispanic/Latino
Ethnicity
Asian/Pacific Islander Blended Other 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50 51-100 101-150 More than 150
Number of Individuals 402 6 21 55 163 100 54 18 30 14 71 17 12 11 26 21 85 25 9 18 45 16 30 5 37 39 84 20 13 3 29 48 75 82 64 99 349 48 268 86 23 360 6 12 7 3 32 61 58 93 71 45 20 21
Mean (Average) $471 $255 $338 $389 $468 $517 $553 $576 $530 $510 $534 $427 $439 $379 $452 $399 $391 $501 $561 $651 $411 $483 $389 $348 $427 $488 $436 $496 $520 $315 $348 $425 $457 $459 $515 $523 $477 $433 $464 $474 $456 $467 $540 $446 $385 $937 $386 $392 $407 $436 $487 $565 $640 $733
Average hourly billing rate in 2014 10th First Median Percentile Quartile (Midpoint) 10% 25% $300 $350 $425 ISD $232 $258 $261 $295 $310 $288 $312 $375 $300 $365 $425 $331 $400 $483 $353 $409 $508 $390 $421 $503 $337 $368 $400 $325 $450 $480 $350 $400 $485 $298 $342 $420 $306 $331 $430 $306 $330 $340 $338 $375 $415 $268 $305 $395 $275 $300 $350 $298 $370 $440 ISD $405 $575 $427 $493 $530 $272 $338 $400 $311 $355 $410 $286 $300 $368 ISD $275 $350 $300 $363 $400 $300 $325 $435 $298 $341 $405 $287 $388 $492 $329 $409 $480 ISD ISD $340 $250 $268 $300 $290 $300 $375 $300 $350 $415 $300 $366 $437 $348 $400 $483 $335 $390 $495 $300 $360 $430 $300 $300 $400 $300 $350 $425 $297 $343 $408 $315 $335 $438 $300 $350 $425 ISD $493 $550 $262 $309 $413 ISD $275 $400 ISD ISD $1,000 $300 $301 $373 $275 $328 $400 $289 $326 $400 $297 $350 $400 $303 $380 $450 $380 $451 $510 $408 $505 $600 $480 $594 $795
AIPLA Report of the Economic Survey 2015 I-25
Third Quartile 75% $529 $278 $398 $450 $515 $588 $653 $786 $634 $556 $640 $490 $538 $400 $521 $483 $458 $598 $660 $863 $478 $583 $431 $420 $493 $600 $500 $579 $600 ISD $383 $469 $515 $503 $595 $600 $550 $500 $510 $550 $585 $520 $605 $559 $475 ISD $450 $428 $475 $480 $515 $705 $720 $868
90th Percentile 90% $709 ISD $470 $500 $692 $870 $855 $831 $995 $778 $824 $600 $606 $600 $591 $556 $558 $860 ISD $937 $530 $862 $600 ISD $628 $825 $591 $698 $828 ISD $480 $621 $720 $635 $795 $850 $725 $620 $701 $802 $648 $705 ISD $775 ISD ISD $507 $525 $550 $600 $696 $829 $971 $942
Private Firm, Partner Percent of services in 2014 that were billed (or will be billed) by type of basis (Q27) Private Firm, Partner
All Individuals 5-6 Years of Intellectual Property Law Experience
7-9 10-14 15-24 25-34 35 or More Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West Biotechnology Chemical Computer Hardware
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Pharmaceutical Younger than 35 35-39 40-44
Age
45-49 50-54 55-59 60 or Older
Gender Highest Non-Law Degree
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian Hispanic/Latino
Ethnicity
Asian/Pacific Islander Blended Other 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50 51-100 101-150 More than 150
Number of Individuals 403 6 21 55 166 97 55 18 31 14 68 17 11 11 26 20 87 25 9 19 47 17 30 5 37 39 84 20 13 3 29 50 77 80 62 100 351 47 269 87 23 361 6 12 7 3 33 62 58 92 71 46 20 20
Hourly Billing Mean (Average) 70.7% 67.0% 64.0% 61.2% 68.9% 75.2% 80.3% 74.7% 64.0% 81.1% 67.5% 71.1% 77.3% 58.6% 78.1% 76.9% 72.5% 67.5% 77.2% 67.2% 68.4% 75.6% 75.1% 46.0% 62.6% 60.2% 73.5% 80.7% 78.5% 65.7% 55.9% 69.5% 62.6% 69.5% 78.0% 79.4% 70.9% 70.8% 69.3% 72.4% 71.0% 71.4% 86.7% 65.9% 45.7% 90.0% 70.2% 63.4% 58.7% 69.5% 78.7% 78.2% 79.2% 81.3%
Predetermined Fee Mean (Average) 25.8% 33.0% 36.0% 35.2% 27.6% 19.4% 18.1% 24.9% 32.3% 18.2% 30.5% 28.3% 16.4% 36.8% 17.7% 19.0% 22.8% 22.2% 21.1% 32.0% 29.5% 20.9% 23.4% 54.0% 35.8% 37.2% 23.2% 15.0% 19.6% 34.3% 41.5% 29.4% 33.7% 25.7% 17.1% 17.8% 25.7% 25.6% 27.3% 24.0% 26.5% 25.0% 9.2% 33.3% 50.0% 8.3% 24.3% 31.9% 38.2% 27.1% 19.2% 18.7% 20.3% 14.3%
Contingent Fee Mean (Average) 2.9% .0% .0% 2.7% 3.2% 4.1% 1.6% .4% .8% .4% 1.8% .6% 1.8% 4.5% 3.3% 3.1% 4.7% 10.1% 1.7% .5% 2.0% .6% 1.5% .0% 1.6% 2.6% 2.2% 3.1% 1.9% .0% 2.6% 1.1% 3.2% 4.8% 2.7% 2.5% 3.0% 2.3% 2.9% 3.5% .3% 3.0% 2.5% .4% 4.3% 1.7% 5.2% 3.3% 3.0% 3.4% 1.3% 3.0% .5% 3.3%
AIPLA Report of the Economic Survey 2015 I-26
Other Basis Mean (Average) .5% .0% .0% .9% .2% 1.3% .0% .0% 2.9% .4% .2% .0% 4.5% .0% 1.0% 1.0% .0% .2% .0% .3% .0% 2.9% .0% .0% .0% .0% 1.1% 1.3% .0% .0% .0% .0% .5% .1% 2.3% .3% .4% 1.3% .5% .1% 2.2% .6% 1.7% .4% .0% .0% .3% 1.5% .1% .1% .8% .0% .0% 1.3%
Private Firm, Partner Dollar amount billed for legal services performed in 2014 (Q26) Private Firm, Partner
All Individuals 5-6 Years of Intellectual Property Law Experience
7-9 10-14 15-24 25-34 35 or More Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West Biotechnology Chemical Computer Hardware
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Pharmaceutical Younger than 35 35-39 40-44
Age
45-49 50-54 55-59 60 or Older
Gender Highest Non-Law Degree
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian
Ethnicity
Hispanic/Latino Asian/Pacific Islander Blended 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50 51-100 101-150 More than 150
Number of Individuals 374 6 19 52 152 92 50 15 26 13 63 15 10 11 24 20 83 23 9 18 44 12 28 4 32 35 82 19 11 3 27 46 73 77 59 88 327 43 254 82 15 336 6 11 7 31 60 51 84 69 41 17 20
Dollar amount was billed for the legal services you performed in 2014? 10th Percentile Mean First Quartile Median Third Quartile 10% (Average) 25% (Midpoint) 75% $702,332 $281,000 $426,305 $600,000 $850,000 $389,052 ISD $227,500 $395,000 $498,578 $560,977 $340,000 $426,740 $550,000 $700,000 $649,817 $285,531 $419,845 $556,000 $697,500 $717,869 $230,400 $400,000 $600,000 $849,699 $718,979 $311,500 $466,125 $600,000 $850,000 $781,611 $226,000 $500,000 $750,000 $988,750 $921,737 $393,869 $513,000 $700,000 $1,350,000 $765,384 $257,400 $390,000 $625,000 $900,000 $813,154 $320,400 $550,000 $765,000 $940,000 $737,715 $170,000 $360,000 $688,000 $960,000 $536,761 $204,800 $340,000 $535,500 $637,125 $742,000 $500,000 $500,000 $792,500 $887,500 $535,161 $226,000 $270,000 $410,000 $850,000 $632,746 $294,000 $424,925 $551,000 $815,000 $607,576 $392,350 $506,250 $563,720 $737,500 $625,476 $317,600 $425,000 $600,000 $780,000 $597,226 $204,000 $450,000 $564,000 $700,000 $707,778 ISD $220,000 $780,000 $1,050,000 $1,293,966 $107,755 $597,500 $1,242,876 $1,850,000 $633,896 $292,500 $412,500 $579,316 $700,000 $636,882 $158,000 $319,754 $507,586 $887,500 $557,226 $274,700 $406,685 $540,000 $667,084 $515,000 ISD $367,500 $550,000 $627,500 $536,188 $229,000 $358,250 $570,000 $709,800 $737,756 $347,600 $450,000 $600,000 $958,390 $671,395 $273,600 $412,625 $587,500 $857,500 $766,779 $384,000 $525,000 $690,000 $1,000,000 $599,016 $106,400 $400,000 $650,000 $796,000 $447,333 ISD ISD $382,000 ISD $545,514 $228,000 $380,000 $525,000 $661,000 $746,229 $286,239 $444,625 $598,668 $834,750 $706,439 $250,000 $400,000 $600,000 $900,000 $673,469 $250,000 $444,440 $600,000 $821,486 $749,719 $282,000 $450,000 $643,337 $850,000 $718,343 $274,000 $463,625 $641,063 $955,293 $710,844 $297,354 $446,000 $600,000 $850,000 $649,445 $203,200 $350,000 $513,000 $780,000 $675,557 $250,000 $424,190 $600,000 $815,000 $782,355 $343,000 $450,000 $617,500 $925,000 $530,672 $119,019 $286,770 $540,000 $700,000 $683,810 $281,400 $430,720 $600,000 $818,000 $678,000 ISD $347,000 $650,000 $1,025,000 $947,091 $340,000 $350,000 $611,000 $1,000,000 $773,714 ISD $250,000 $650,000 $1,200,000 $435,294 $110,038 $222,000 $424,900 $600,000 $490,360 $250,000 $342,500 $454,000 $579,360 $652,189 $212,479 $315,000 $500,000 $650,000 $642,273 $282,500 $428,046 $600,000 $747,500 $800,683 $426,740 $515,500 $650,000 $923,000 $868,417 $460,000 $662,500 $748,107 $1,000,000 $927,647 $455,000 $750,000 $867,000 $1,148,500 $1,256,088 $786,100 $1,000,000 $1,192,876 $1,600,000
AIPLA Report of the Economic Survey 2015 I-27
90th Percentile 90% $1,200,000 ISD $850,000 $1,140,000 $1,285,000 $1,274,500 $1,290,000 $2,000,000 $1,772,500 $1,650,000 $1,460,000 $910,000 $1,090,000 $980,000 $1,107,500 $845,000 $1,000,000 $1,100,000 ISD $3,015,697 $1,225,000 $1,666,800 $855,000 ISD $831,900 $1,240,000 $1,200,000 $1,215,000 $948,000 ISD $798,000 $1,470,000 $1,230,000 $1,200,000 $1,500,000 $1,223,500 $1,203,000 $1,003,600 $1,180,000 $1,470,000 $975,034 $1,200,000 ISD $2,800,000 ISD $830,000 $845,000 $1,460,000 $933,500 $1,300,000 $1,480,000 $1,460,000 $1,795,000
Private Firm, Associate
Background Information Private Firm, Associate
All Individuals Admitted to the Patent Bar Age Gender
Yes
Total 288 89.9%
No
10.1%
Mean (Average) Years
39.1 79.3% 20.7% 84.5% 2.5% 2.8% 8.5% .4% 1.4% 7.9 .7% 62.5% 22.9% 13.2% .7%
Count
Male Female White/Caucasian Black/African American
Ethnicity
Hispanic/Latino Asian/Pacific Islander Blended Other
IP attorney experience
Mean (Average) Years None
Highest Education other than Law
Bachelor's Degree Master's Degree Doctorate Degree Other
AIPLA Report of the Economic Survey 2015 I-28
Private Firm, Associate Total Gross Income for 2014 from your primary practice (Q10) Private Firm, Associate
All Individuals Fewer than 5 5-6 Years of Intellectual Property Law Experience
7-9 10-14 15-24 25-34 35 or More Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West Biotechnology Chemical Computer Hardware
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Pharmaceutical Other areas Younger than 35 35-39 40-44
Age
45-49 50-54 55-59 60 or Older
Gender Highest Non-Law Degree
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian Black/African American
Ethnicity
Hispanic/Latino Asian/Pacific Islander Other 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50 51-100 101-150 More than 150
Number of Individuals 266 97 36 51 35 24 6 4 14 18 7 61 10 10 9 14 12 35 18 11 11 36 18 22 4 47 28 42 12 16 3 92 69 41 25 19 8 6 208 55 167 60 36 221 6 7 23 4 10 18 33 61 53 35 19 21
Total gross income in calendar year 2014 from primary practice 10th First Third Mean Median Percentile Quartile Quartile (Average) (Midpoint) 10% 25% 75% $183,021 $94,000 $128,437 $173,000 $220,000 $148,673 $88,618 $114,500 $150,000 $184,500 $173,596 $102,900 $128,125 $173,000 $213,750 $205,699 $132,000 $160,000 $195,000 $250,000 $196,845 $81,514 $125,000 $200,000 $240,000 $305,044 $150,000 $245,000 $280,000 $331,750 $238,917 ISD $166,625 $226,000 $310,000 $181,750 ISD $145,000 $187,500 $212,750 $190,000 $109,000 $150,250 $182,500 $233,250 $244,833 $108,400 $187,500 $251,000 $285,000 $164,143 ISD $105,000 $182,000 $195,000 $187,950 $87,462 $147,500 $185,000 $215,000 $165,750 $63,100 $106,000 $133,250 $215,500 $194,720 $116,000 $128,750 $171,000 $272,500 $111,667 ISD $75,200 $100,000 $155,000 $214,194 $111,083 $158,250 $195,000 $299,250 $146,804 $73,000 $108,000 $140,000 $182,500 $135,675 $78,000 $99,299 $128,000 $182,500 $205,740 $105,177 $129,250 $197,500 $276,250 $185,817 $52,000 $133,000 $164,985 $240,000 $209,364 $125,000 $150,000 $198,000 $255,000 $189,823 $114,450 $140,000 $173,000 $211,500 $165,806 $93,000 $103,750 $166,000 $211,500 $171,291 $90,579 $125,750 $147,500 $236,250 $122,000 ISD $42,250 $122,500 $201,250 $197,536 $97,600 $140,000 $186,814 $243,000 $205,420 $120,900 $146,250 $186,000 $260,000 $166,344 $76,500 $118,000 $145,500 $227,750 $195,111 $92,225 $125,896 $204,000 $235,000 $205,978 $84,809 $182,500 $193,675 $250,000 $110,000 ISD ISD $107,000 ISD $155,283 $75,000 $117,125 $157,000 $190,000 $187,968 $110,000 $140,000 $185,000 $217,500 $183,867 $98,400 $130,000 $190,000 $225,000 $220,209 $101,800 $135,000 $175,000 $272,500 $250,700 $87,713 $141,584 $252,000 $325,000 $176,956 ISD $86,912 $150,750 $290,000 $203,833 ISD $165,000 $208,000 $232,750 $190,320 $100,830 $140,000 $180,000 $223,525 $153,072 $72,872 $100,000 $126,000 $215,000 $183,679 $88,618 $126,000 $171,000 $220,000 $185,762 $87,875 $128,500 $187,500 $229,500 $177,000 $101,700 $128,937 $172,500 $210,000 $181,125 $89,200 $126,750 $174,000 $218,000 $222,278 ISD $182,417 $218,500 $274,750 $239,071 ISD $140,500 $200,000 $240,000 $184,435 $67,800 $140,000 $162,000 $202,000 $175,750 ISD $128,750 $138,500 $260,000 $122,879 $49,600 $69,840 $108,500 $160,000 $133,930 $73,740 $92,636 $118,500 $171,250 $136,569 $81,600 $102,150 $125,000 $177,000 $171,586 $82,800 $120,000 $160,000 $213,500 $198,824 $126,000 $145,500 $186,814 $217,500 $227,544 $121,200 $161,000 $213,000 $280,000 $188,191 $126,000 $145,000 $190,000 $235,000 $219,479 $64,200 $190,000 $220,000 $249,000
AIPLA Report of the Economic Survey 2015 I-29
90th Percentile 90% $281,500 $210,600 $245,100 $296,000 $300,000 $525,000 ISD ISD $279,000 $403,500 ISD $279,000 $365,500 $316,000 ISD $345,525 $250,255 $200,000 $329,000 $347,000 $336,000 $286,000 $236,900 $282,100 ISD $285,400 $351,500 $270,000 $343,400 $306,000 ISD $240,600 $280,000 $268,209 $338,630 $435,000 ISD ISD $287,000 $270,000 $288,600 $280,000 $261,900 $280,000 ISD ISD $323,000 ISD $262,000 $205,500 $206,200 $293,000 $280,000 $356,000 $270,000 $331,200
Private Firm, Associate Employer's 2014 contribution to all of your 401(k)/403(b) retirement and savings plans (Q11) Private Firm, Associate
All Individuals Fewer than 5 Years of Intellectual Property Law Experience
5-6 7-9 10-14 15-24 25-34 Boston CMSA NYC CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas San Francisco CMSA Other West Biotechnology Chemical
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Pharmaceutical Younger than 35 35-39 40-44
Age
45-49 50-54 55-59 60 or Older
Gender Highest Non-Law Degree
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian
Ethnicity
Hispanic/Latino Asian/Pacific Islander 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50 51-100 101-150
Employer's 2014 contribution to all of your 401(k)/403(b) retirement and savings plans 10th First Third 90th Percentile Quartile Quartile Percentile Number of Mean Median 10% 25% 75% 90% Individuals (Average) (Midpoint) 119 $7,828 $2,385 $3,825 $6,000 $10,000 $15,000 45 $6,198 $1,526 $3,405 $5,000 $9,350 $11,820 16 $6,144 $3,500 $4,125 $5,325 $8,000 $10,000 21 $9,765 $3,200 $4,375 $8,000 $10,500 $23,200 12 $9,250 $2,055 $4,337 $10,000 $14,000 $16,400 14 $12,384 $4,000 $5,000 $9,500 $17,750 $30,000 4 $10,850 ISD $5,050 $12,500 $15,000 ISD 6 $6,793 ISD $3,428 $7,475 $9,250 ISD 9 $6,817 ISD $3,800 $7,000 $8,625 ISD 23 $7,864 $1,766 $3,000 $5,000 $11,000 $16,600 6 $6,746 ISD $4,631 $5,475 $10,250 ISD 5 $7,360 ISD $3,500 $5,800 $12,000 ISD 3 $5,928 ISD ISD $4,000 ISD ISD 7 $6,679 ISD $1,000 $5,000 $12,000 ISD 9 $8,219 ISD $4,688 $7,000 $11,350 ISD 17 $5,144 $700 $2,125 $3,700 $8,000 $11,000 8 $11,176 ISD $5,310 $6,650 $19,000 ISD 3 $10,667 ISD ISD $10,000 ISD ISD 19 $9,521 $3,500 $4,500 $8,000 $10,990 $16,000 8 $7,925 ISD $3,644 $8,500 $11,000 ISD 9 $9,161 ISD $4,600 $6,000 $12,500 ISD 15 $10,387 $1,270 $5,000 $8,000 $14,650 $26,200 13 $3,634 $700 $1,918 $3,500 $5,013 $6,974 24 $7,481 $2,250 $3,813 $5,275 $9,925 $13,500 5 $6,630 ISD $3,425 $6,300 $10,000 ISD 3 $9,067 ISD ISD $6,400 ISD ISD 40 $5,914 $1,614 $3,383 $5,013 $8,000 $11,630 29 $8,381 $2,000 $3,513 $6,000 $10,000 $17,000 15 $7,690 $3,620 $4,250 $6,400 $10,000 $15,000 13 $7,627 $1,500 $4,900 $7,000 $10,500 $15,000 13 $12,250 $3,160 $5,174 $8,500 $19,500 $30,000 4 $9,150 ISD $2,950 $9,500 $15,000 ISD 4 $7,906 ISD $2,563 $8,625 $12,529 ISD 94 $7,763 $2,550 $3,956 $6,000 $10,000 $15,000 25 $8,075 $1,290 $3,350 $6,000 $10,000 $17,223 77 $7,892 $2,757 $3,804 $5,550 $10,000 $15,000 25 $7,937 $1,844 $4,438 $7,250 $11,000 $16,000 14 $7,818 $2,000 $3,519 $6,700 $10,250 $18,186 103 $7,992 $2,471 $4,000 $6,000 $10,000 $15,000 3 $5,000 ISD ISD $5,000 ISD ISD 8 $8,200 ISD $3,875 $6,700 $9,925 ISD 6 $4,317 ISD $1,425 $3,750 $7,000 ISD 12 $5,807 $1,195 $2,663 $4,400 $9,750 $11,700 13 $7,313 $3,470 $3,913 $6,300 $9,500 $16,200 34 $7,463 $3,000 $3,650 $5,000 $10,000 $18,186 31 $8,613 $3,105 $5,000 $8,000 $10,000 $16,000 12 $11,242 $2,050 $5,000 $8,200 $14,500 $32,800 6 $6,658 ISD $2,613 $4,925 $11,913 ISD
AIPLA Report of the Economic Survey 2015 I-30
Private Firm, Associate Expected total cash income for 2015 (Q12) Private Firm, Associate
All Individuals Fewer than 5 5-6 Years of Intellectual Property Law Experience
7-9 10-14 15-24 25-34 35 or More Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West Biotechnology Chemical Computer Hardware
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Pharmaceutical Other areas Younger than 35 35-39 40-44
Age
45-49 50-54 55-59 60 or Older
Gender Highest Non-Law Degree
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian Black/African American
Ethnicity
Hispanic/Latino Asian/Pacific Islander Other 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50 51-100 101-150 More than 150
Number of Individuals 257 92 36 48 34 24 6 4 12 18 6 59 10 10 9 14 12 34 18 11 9 35 18 22 3 47 27 41 12 15 3 89 67 39 24 19 8 6 201 53 164 55 35 214 6 7 21 4 10 18 31 58 52 35 19 20
Mean (Average) $192,608 $158,649 $182,333 $213,677 $214,264 $292,271 $240,083 $185,000 $196,750 $259,806 $160,000 $198,241 $169,600 $196,000 $130,044 $228,155 $145,458 $142,631 $226,556 $203,636 $244,556 $190,629 $173,000 $190,500 $148,333 $207,745 $215,167 $177,000 $204,250 $218,180 $117,667 $169,203 $197,075 $200,750 $224,299 $240,774 $175,375 $206,667 $199,068 $166,368 $192,063 $200,358 $185,276 $190,228 $241,750 $205,714 $210,476 $191,250 $127,400 $140,939 $143,304 $184,905 $204,563 $234,886 $199,579 $230,025
Expected total cash income for 2015 10th First Median Percentile Quartile (Midpoint) 10% 25% $100,000 $138,000 $175,000 $98,600 $120,000 $154,250 $98,350 $133,125 $173,500 $138,000 $168,500 $202,500 $85,357 $161,250 $210,000 $152,500 $242,500 $290,000 ISD $159,375 $224,000 ISD $153,750 $170,000 $115,000 $140,500 $200,000 $123,000 $188,750 $255,000 ISD $115,000 $142,500 $100,000 $160,000 $200,000 $67,000 $96,250 $137,500 $126,500 $143,750 $177,500 ISD $102,500 $143,000 $118,334 $168,750 $215,000 $93,000 $102,500 $139,000 $93,000 $105,000 $136,500 $121,500 $146,000 $197,500 $89,000 $140,000 $180,000 ISD $160,000 $246,000 $127,900 $153,500 $175,000 $98,400 $116,250 $170,000 $109,500 $134,750 $167,500 ISD ISD $160,000 $113,000 $150,000 $195,000 $114,800 $159,000 $175,000 $91,600 $122,500 $165,000 $93,000 $127,000 $207,500 $114,680 $175,000 $220,000 ISD ISD $125,000 $98,000 $125,000 $160,000 $116,800 $145,000 $195,000 $100,000 $150,000 $190,000 $109,500 $135,250 $187,500 $87,713 $150,000 $248,000 ISD $84,750 $146,250 ISD $161,250 $187,500 $107,360 $147,500 $180,000 $88,800 $112,000 $150,000 $100,000 $137,000 $175,000 $97,800 $140,000 $200,000 $114,000 $133,000 $175,000 $100,000 $134,500 $175,000 ISD $190,000 $250,000 ISD $145,000 $215,000 $120,200 $145,000 $170,000 ISD $139,500 $154,500 $49,900 $74,500 $110,000 $87,240 $99,500 $127,000 $84,743 $100,000 $130,000 $99,600 $131,750 $163,750 $133,000 $155,000 $186,125 $132,800 $170,000 $225,000 $138,000 $160,000 $205,000 $160,500 $176,250 $235,000
AIPLA Report of the Economic Survey 2015 I-31
Third Quartile 75% $242,500 $198,750 $215,000 $251,500 $252,500 $334,125 $325,000 $231,250 $247,500 $320,125 $216,250 $223,000 $211,500 $255,000 $150,000 $306,250 $181,250 $185,563 $297,500 $250,000 $297,500 $215,000 $205,000 $226,500 ISD $260,000 $270,000 $245,000 $249,000 $261,000 ISD $200,000 $235,000 $250,000 $286,250 $300,000 $297,500 $262,500 $246,000 $220,000 $238,750 $250,000 $205,000 $236,250 $305,125 $280,000 $258,000 $279,750 $163,750 $171,250 $172,500 $215,000 $242,500 $290,000 $246,000 $282,500
90th Percentile 90% $300,000 $223,500 $283,000 $300,000 $352,500 $416,500 ISD ISD $291,600 $405,800 ISD $287,000 $393,600 $288,000 ISD $347,500 $225,000 $212,500 $383,500 $350,000 ISD $297,600 $282,500 $337,500 ISD $296,000 $384,000 $286,000 $347,600 $327,000 ISD $260,000 $296,800 $290,000 $362,500 $400,000 ISD ISD $300,000 $273,000 $300,000 $297,600 $290,000 $298,000 ISD ISD $370,000 ISD $262,000 $220,000 $210,000 $316,000 $298,800 $350,000 $270,000 $331,950
Private Firm, Associate Percent of time devoted to the following types of work, by Income Level (Q13) Private Firm, Associate
Gross Income in 2014 All Individuals Less than $126,000 $126,000-$150,999 $151,000-$175,999 $176,000-$200,999 $201,000-$250,999 $251,000-$300,999 $301,000-$350,999 $351,000-$400,999
TOTAL Number of Individuals 267 60 41 34 42 40 30 8 4
IP prosecution work Mean (Average) 56.1% 67.4% 63.3% 61.9% 52.6% 57.4% 38.5% 25.6% 16.3%
Opinions or counseling prior to litigation or formal ADR Mean (Average) 5.3% 4.6% 5.3% 3.2% 7.8% 5.6% 5.4% 6.1% 6.3%
IP licensing Mean (Average) 1.9% 1.9% 1.8% 1.8% 1.8% 1.1% 2.6% 3.8% 2.5%
Non-licensing transactional work Mean (Average) 1.6% 1.2% 1.0% .7% 2.4% 1.1% .8% 2.0% 2.5%
IP litigation Mean (Average) 17.8% 9.2% 13.9% 14.1% 18.5% 17.8% 31.8% 40.0% 52.5%
Inter partes proceedings Mean (Average) 4.1% 2.6% 2.7% 6.8% 4.5% 5.8% 3.4% 4.6% 1.3%
Other dispute resolution Mean (Average) .5% .3% .1% 2.1% .1% .0% .4% .0% .0%
Supervision and training of other attorneys or agents within your organization Mean (Average) 2.4% .7% 2.1% 1.3% 3.4% 2.4% 4.4% 9.1% 3.5%
Office management and admin Mean (Average) 2.1% 1.9% 2.6% 2.1% 2.2% 1.9% 1.9% .6% 5.1%
Marketing/ Business Development Mean (Average) 3.8% 4.1% 3.6% 3.1% 3.3% 3.5% 5.6% 5.4% 3.1%
Participation in bar association or professional association activities Mean (Average) 1.5% 1.9% 1.0% .9% 1.2% 1.8% 2.1% 1.8% 1.3%
Non-IP legal Mean (Average) 1.4% 2.0% 1.5% .4% .5% .0% 1.1% .0% 5.0%
Managing outside counsel for IP prosecution work Mean (Average) .3% .1% .4% .4% .2% .3% .8% .0% .0%
Managing outside counsel for IP litigation work Mean (Average) .0% .0% .0% .0% .0% .0% .0% .0% .0%
Pro bono work Mean (Average) 1.0% .6% .6% 1.0% 1.4% 1.4% 1.0% 1.0% .8%
Other Mean (Average) .4% 1.5% .1% .1% .0% .1% .1% .0% .0%
Percent of time devoted to the following IP areas, by Income Level (Q15) Private Firm, Associate
All Individuals Less than $126,000 $126,000-$150,999 $151,000-$175,999 $176,000-$200,999 $201,000-$250,999 $251,000-$300,999 $301,000-$350,999 $351,000-$400,999
Number of Individuals 259 60 41 33 40 37 30 7 4
Business Law Mean (Average) 2.1% 2.1% 1.5% 2.9% 2.0% .8% 1.8% .0% .0%
Copy- rights Mean (Average) 1.8% 1.6% 2.1% 1.1% 1.8% .6% 4.2% 2.9% .3%
Foreign IP Law Mean (Average) 3.5% 4.4% 2.8% 3.6% 4.2% 3.4% 3.0% 3.6% .8%
General IP Mean (Average) 4.8% 6.1% 3.1% 3.6% 3.0% 5.4% 7.5% 5.0% 1.0%
Patents Mean (Average) 77.0% 70.8% 78.8% 78.8% 84.5% 81.8% 73.1% 72.9% 71.8%
AIPLA Report of the Economic Survey 2015 I-32
Trade Secrets Mean (Average) 1.7% 2.0% 1.8% 1.6% .6% 1.9% 1.8% 1.4% .5%
Trademarks Mean (Average) 8.5% 12.1% 9.4% 7.7% 3.9% 6.1% 8.1% 13.6% 20.8%
Other areas Mean (Average) .3% .7% .2% .0% .1% .0% .2% .0% 5.0%
Private Firm, Associate New priority US and PCT Patent application prepared and filed by you in 2014 (Q17) Private Firm, Associate
All Individuals Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West Biotechnology Chemical Computer Hardware
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Pharmaceutical Other areas 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50 51-100 101-150 More than 150
New priority US and PCT Patent application prepared and filed by you in 2014 (Q17) First Third Number of Mean Median Quartile Quartile Individuals (Average) (Midpoint) 25% 75% 188 18.0 5.0 11.0 20.0 10 17.4 8.8 15.0 20.0 11 12.1 6.0 10.0 20.0 6 6.5 2.8 4.5 11.3 37 19.0 4.5 10.0 25.0 10 30.8 5.0 12.0 31.3 9 12.0 4.5 10.0 17.5 5 7.2 1.0 5.0 14.5 9 9.8 2.5 5.0 15.0 11 18.4 6.0 15.0 30.0 31 21.5 6.0 12.0 24.0 12 24.8 7.8 17.5 39.5 7 15.4 3.0 5.0 30.0 5 23.0 12.5 20.0 35.0 25 15.9 5.0 12.0 25.0 17 7.5 2.5 5.0 9.0 19 14.1 6.0 10.0 15.0 3 34.3 ISD 48.0 ISD 34 22.4 9.5 13.0 30.0 20 14.6 6.5 10.5 20.0 36 20.3 8.3 14.0 20.0 10 10.8 2.8 10.5 17.8 6 9.0 3.3 4.5 15.0 3 14.7 ISD 8.0 ISD 8 7.6 4.0 4.5 11.8 13 25.3 6.0 10.0 25.0 27 19.9 5.0 10.0 25.0 51 17.6 7.0 15.0 20.0 42 20.8 6.0 11.0 30.0 21 13.8 5.0 10.0 17.5 15 13.4 4.0 10.0 25.0 10 18.4 2.8 11.0 27.5
AIPLA Report of the Economic Survey 2015 I-33
Private Firm, Associate For the first 10 years of experience, total gross income for 2014 (Q10) Private Firm, Associate
All Individuals 1 2 3 Years of Intellectual Property Law Experience
4 5 6 7 8 9 10
Number of Individuals 266 22 19 28 28 17 19 25 19 7 12
Total gross income in calendar year 2014 from primary practice 10th First Third Percentile Quartile Quartile Mean Median 10% 25% 75% (Average) (Midpoint) $183,021 $94,000 $128,437 $173,000 $220,000 $141,841 $91,931 $121,250 $150,000 $161,000 $120,797 $75,000 $84,000 $117,500 $164,985 $160,158 $94,539 $128,125 $152,500 $190,000 $161,471 $87,875 $112,500 $169,750 $200,000 $163,032 $100,800 $120,000 $139,000 $205,000 $183,047 $98,000 $167,500 $185,000 $215,000 $217,546 $111,000 $175,500 $202,000 $270,000 $198,316 $140,000 $155,000 $185,000 $246,000 $183,429 ISD $155,000 $170,000 $211,000 $193,333 $104,500 $152,500 $205,000 $218,750
AIPLA Report of the Economic Survey 2015 I-34
90th Percentile 90% $281,500 $194,550 $180,000 $221,000 $231,000 $266,235 $243,000 $332,000 $280,000 ISD $278,500
Private Firm, Associate Billable hours recorded in 2014 (Q28) Private Firm, Associate
All Individuals Fewer than 5 5-6 Years of Intellectual Property Law Experience
7-9 10-14 15-24 25-34 35 or More Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West Biotechnology Chemical
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Pharmaceutical Younger than 35 35-39 40-44
Age
45-49 50-54 55-59 60 or Older
Gender Highest Non-Law Degree
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian Black/African American
Ethnicity
Hispanic/Latino Asian/Pacific Islander Other 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50 51-100 101-150 More than 150
Number of Individuals 201 70 24 44 29 20 5 4 12 14 4 42 7 9 6 10 9 26 15 8 7 32 14 16 36 25 32 7 11 67 56 27 21 15 6 6 166 34 124 48 27 167 5 6 16 4 9 11 22 42 49 30 13 17
How many billable hours did you record in 2014? 10th First Third Mean Median Percentile Quartile Quartile (Average) (Midpoint) 10% 25% 75% 1,677 1,112 1,460 1,750 1,952 1,826 1,405 1,700 1,842 2,001 1,746 1,334 1,604 1,794 1,896 1,750 1,150 1,600 1,825 2,024 1,598 1,018 1,276 1,545 1,938 1,492 905 1,217 1,500 1,675 1,169 ISD 740 1,301 1,533 1,188 ISD 925 1,050 1,590 1,694 1,312 1,500 1,730 1,823 1,597 1,129 1,276 1,575 1,826 1,794 ISD 1,044 2,050 2,288 1,631 739 1,487 1,737 1,955 1,680 ISD 1,545 1,650 1,900 1,747 ISD 1,500 1,750 2,065 1,453 ISD 1,142 1,534 1,813 1,718 699 1,562 1,803 2,000 1,693 ISD 1,150 1,837 2,076 1,647 1,140 1,400 1,723 1,921 1,816 729 1,700 1,800 2,001 1,568 ISD 1,325 1,550 1,799 1,821 ISD 1,300 1,901 2,196 1,710 1,088 1,460 1,810 1,958 1,559 682 1,225 1,600 1,944 1,554 792 1,263 1,650 1,809 1,797 1,280 1,700 1,879 2,010 1,752 926 1,700 1,837 2,000 1,552 1,060 1,309 1,500 1,862 1,955 ISD 1,800 1,901 2,021 1,591 361 1,267 1,850 1,959 1,810 1,400 1,700 1,852 2,000 1,740 1,000 1,610 1,815 2,003 1,553 1,110 1,300 1,500 1,850 1,571 1,166 1,350 1,500 1,675 1,601 1,120 1,550 1,650 1,723 1,321 ISD 1,120 1,351 1,553 1,024 ISD 747 950 1,263 1,693 1,187 1,499 1,759 1,951 1,580 788 1,375 1,700 1,923 1,666 1,000 1,458 1,794 1,958 1,686 1,230 1,492 1,700 1,901 1,700 1,078 1,405 1,749 2,000 1,673 1,130 1,450 1,750 1,953 1,682 ISD 1,350 1,700 2,006 1,709 ISD 1,354 1,795 2,138 1,644 557 1,461 1,768 1,988 1,863 ISD 1,550 1,725 2,313 1,328 ISD 1,009 1,400 1,650 1,538 1,253 1,368 1,500 1,700 1,489 783 1,119 1,550 1,813 1,600 841 1,418 1,700 1,899 1,742 1,252 1,550 1,800 1,888 1,719 1,200 1,586 1,851 1,969 1,677 890 1,448 1,746 2,000 1,982 1,619 1,808 2,000 2,198
AIPLA Report of the Economic Survey 2015 I-35
90th Percentile 90% 2,114 2,200 2,095 2,200 2,001 1,939 ISD ISD 2,076 2,263 ISD 2,100 ISD ISD ISD 2,279 ISD 2,021 2,820 ISD ISD 2,112 2,175 2,210 2,197 2,124 2,022 ISD 2,000 2,200 2,142 2,013 2,101 2,012 ISD ISD 2,121 2,075 2,100 2,211 2,260 2,103 ISD ISD 2,101 ISD ISD 1,851 2,170 2,079 2,100 2,289 2,079 2,280
Private Firm, Associate Average hourly billing rate in 2014 (Q29) Private Firm, Associate
All Individuals Fewer than 5 5-6 Years of Intellectual Property Law Experience
7-9 10-14 15-24 25-34 35 or More Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West Biotechnology Chemical Computer Hardware
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Pharmaceutical Other areas Younger than 35 35-39 40-44
Age
45-49 50-54 55-59 60 or Older
Gender Highest Non-Law Degree
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian Black/African American
Ethnicity
Hispanic/Latino Asian/Pacific Islander Other 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50 51-100 101-150 More than 150
Number of Individuals 222 75 27 48 32 22 6 4 12 16 4 47 9 10 8 11 11 30 16 8 7 33 15 18 3 38 25 37 10 11 3 73 62 32 20 17 8 6 182 38 139 51 29 184 6 6 17 4 9 16 27 49 52 30 15 17
Mean (Average) $343 $279 $348 $366 $357 $472 $486 $448 $412 $481 $326 $363 $298 $372 $236 $418 $240 $255 $333 $412 $463 $309 $338 $341 $297 $374 $356 $309 $343 $398 $260 $306 $349 $335 $366 $425 $373 $486 $350 $309 $340 $350 $348 $342 $438 $380 $354 $280 $299 $280 $285 $326 $325 $417 $299 $466
Average hourly billing rate in 2014 10th First Median Percentile Quartile (Midpoint) 10% 25% $205 $250 $315 $186 $210 $255 $228 $250 $330 $225 $282 $340 $233 $272 $335 $276 $411 $450 ISD $386 $530 ISD $373 $445 $207 $301 $443 $272 $368 $443 ISD $273 $315 $250 $285 $350 ISD $248 $290 $241 $284 $350 ISD $178 $237 $252 $285 $445 $184 $209 $240 $161 $199 $245 $142 $236 $253 ISD $291 $380 ISD $420 $425 $200 $250 $300 $208 $270 $300 $200 $254 $328 ISD ISD $270 $219 $248 $323 $191 $243 $305 $178 $245 $300 $192 $220 $355 $211 $315 $388 ISD ISD $250 $186 $213 $255 $232 $279 $335 $208 $255 $313 $210 $259 $364 $262 $305 $435 ISD $243 $355 ISD $418 $500 $206 $250 $320 $169 $235 $300 $200 $245 $310 $200 $250 $300 $205 $265 $350 $205 $250 $313 ISD $333 $445 ISD $250 $375 $183 $210 $315 ISD $214 $260 ISD $192 $275 $159 $200 $250 $192 $235 $280 $200 $245 $300 $205 $236 $300 $276 $300 $383 $181 $250 $280 $349 $398 $425
AIPLA Report of the Economic Survey 2015 I-36
Third Quartile 75% $416 $300 $380 $408 $438 $581 $573 $525 $500 $636 $389 $400 $315 $435 $288 $470 $250 $303 $449 $570 $575 $347 $425 $420 ISD $488 $458 $386 $425 $520 ISD $360 $411 $379 $450 $538 $521 $556 $420 $370 $400 $450 $414 $402 $556 $470 $495 $366 $400 $340 $325 $380 $388 $481 $330 $538
90th Percentile 90% $550 $419 $537 $600 $484 $631 ISD ISD $611 $690 ISD $534 ISD $590 ISD $617 $328 $335 $631 ISD ISD $406 $500 $482 ISD $605 $634 $450 $467 $653 ISD $486 $499 $504 $561 $628 ISD ISD $550 $472 $555 $590 $520 $518 ISD ISD $610 ISD ISD $450 $370 $470 $518 $650 $467 $630
Private Firm, Associate For the first 10 years of experience, billable hours recorded in 2014 (Q28) Private Firm, Associate
All Individuals 1 2 3 Years of Intellectual Property Law Experience
4 5 6 7 8 9 10
Number of Individuals 201 16 11 23 20 10 14 21 17 6 10
How many billable hours did you record in 2014? 10th First Third Percentile Quartile Quartile Mean Median 10% 25% 75% (Average) (Midpoint) 1,677 1,112 1,460 1,750 1,952 1,753 1,285 1,613 1,815 1,935 1,811 1,419 1,700 1,749 2,100 1,819 1,267 1,700 1,882 2,000 1,903 1,475 1,713 1,864 2,088 1,759 1,422 1,648 1,779 1,887 1,736 689 1,428 1,795 2,001 1,762 920 1,635 1,800 2,109 1,788 963 1,550 1,865 2,009 1,601 ISD 1,350 1,550 1,870 1,681 1,203 1,283 1,800 1,963
90th Percentile 90% 2,114 2,090 2,190 2,190 2,300 1,954 2,730 2,200 2,430 ISD 2,090
For the first 10 years of experience, average hourly billing rate in 2014 (Q29) Private Firm, Associate
All Individuals 1 2 3 Years of Intellectual Property Law Experience
4 5 6 7 8 9 10
Number of Individuals 222 16 13 23 23 12 15 23 19 6 12
Mean (Average) $343 $243 $274 $277 $308 $340 $354 $384 $353 $338 $351
Average hourly billing rate in 2014 10th First Percentile Quartile Median 10% 25% (Midpoint) $205 $250 $315 $159 $196 $248 $166 $218 $250 $207 $234 $255 $172 $205 $285 $210 $235 $342 $246 $285 $320 $229 $280 $350 $200 $265 $340 ISD $297 $320 $236 $272 $330
AIPLA Report of the Economic Survey 2015 I-37
Third Quartile 75% $416 $279 $323 $305 $330 $384 $380 $500 $380 $380 $428
90th Percentile 90% $550 $362 $427 $395 $543 $606 $574 $600 $650 ISD $559
Private Firm, Associate Percent of services in 2014 that were billed (or will be billed) by type of basis (Q27) Private Firm, Associate
All Individuals Fewer than 5 5-6 Years of Intellectual Property Law Experience
7-9 10-14 15-24 25-34 35 or More Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West Biotechnology Chemical Computer Hardware
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Pharmaceutical Other areas Younger than 35 35-39 40-44
Age
45-49 50-54 55-59 60 or Older
Gender Highest Non-Law Degree
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian Black/African American
Ethnicity
Hispanic/Latino Asian/Pacific Islander Other 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50 51-100 101-150 More than 150
Number of Individuals 225 76 28 48 33 23 6 4 11 15 6 51 9 10 8 11 11 29 16 8 9 31 14 20 3 38 24 37 10 11 3 74 63 31 21 18 8 6 184 39 141 50 31 186 6 6 19 4 9 16 29 50 52 31 15 17
Hourly Billing Mean (Average) 75.6% 76.5% 67.0% 80.2% 70.7% 83.0% 76.7% 65.0% 86.3% 80.7% 81.7% 76.0% 54.9% 84.5% 72.5% 71.8% 62.7% 63.3% 77.1% 86.3% 78.9% 84.3% 92.4% 75.3% 35.0% 65.2% 75.6% 79.0% 67.9% 87.7% 56.7% 76.4% 78.1% 74.7% 69.9% 76.8% 60.0% 76.5% 75.5% 76.6% 75.7% 76.6% 75.1% 75.7% 78.3% 65.8% 78.7% 74.8% 90.6% 57.5% 58.7% 74.4% 79.6% 84.9% 70.0% 85.6%
Predetermined Fee Mean (Average) 22.8% 22.6% 32.7% 16.7% 28.6% 16.1% 23.3% 17.5% 13.6% 18.7% 18.3% 21.6% 44.8% 15.5% 25.0% 20.9% 34.5% 35.7% 21.6% 10.6% 21.1% 15.1% 7.6% 23.8% 65.0% 32.4% 24.0% 19.9% 32.0% 12.3% 43.3% 22.6% 19.1% 24.0% 30.0% 23.2% 40.0% 11.8% 22.7% 22.5% 22.6% 22.4% 24.9% 23.0% 5.0% 34.2% 20.3% 25.0% 7.2% 37.5% 41.2% 24.1% 18.3% 14.0% 28.0% 14.4%
Contingent Fee Mean (Average) 1.2% .7% .3% 1.7% .7% .9% .0% 17.5% .1% .0% .0% 1.2% .3% .0% 2.5% 7.3% 2.7% 1.0% 1.3% 3.1% .0% .0% .0% .0% .0% 2.1% .4% 1.0% .1% .0% .0% 1.0% 1.3% 1.3% .1% .0% .0% 11.7% 1.3% .8% 1.1% .9% .0% 1.1% 6.7% .0% 1.1% .3% .0% 5.0% .1% 1.5% 1.0% 1.0% 1.3% .0%
Other Basis Mean (Average) .4% .3% .0% 1.5% .0% .0% .0% .0% .0% .7% .0% 1.2% .0% .0% .0% .0% .0% .0% .0% .0% .0% .6% .0% 1.0% .0% .3% .0% .0% .0% .0% .0% .0% 1.4% .0% .0% .0% .0% .0% .5% .0% .6% .2% .0% .2% 10.0% .0% .0% .0% 2.2% .0% .0% .0% 1.2% .0% .7% .0%
AIPLA Report of the Economic Survey 2015 I-38
Private Firm, Associate Dollar amount billed for legal services performed in 2014 (Q26) Private Firm, Associate
All Individuals Fewer than 5 5-6 Years of Intellectual Property Law Experience
7-9 10-14 15-24 25-34 35 or More Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West Biotechnology Chemical
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Pharmaceutical Younger than 35 35-39 40-44
Age
45-49 50-54 55-59 60 or Older
Gender Highest Non-Law Degree
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian Black/African American
Ethnicity
Hispanic/Latino Asian/Pacific Islander Other 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50 51-100 101-150 More than 150
Number of Individuals 195 62 27 44 28 21 4 4 10 11 4 43 8 9 8 10 9 27 13 7 7 29 11 16 34 21 36 9 9 62 55 29 18 16 8 6 163 31 125 44 23 162 5 6 15 4 8 13 23 46 48 27 12 13
Dollar amount was billed for the legal services you performed in 2014? 10th First Third Mean Median Percentile Quartile Quartile (Average) (Midpoint) 10% 25% 75% $510,420 $220,000 $328,320 $465,000 $600,000 $445,100 $210,900 $315,000 $425,000 $550,000 $508,790 $232,000 $320,000 $508,412 $586,000 $609,869 $285,000 $395,858 $567,500 $721,250 $526,653 $198,428 $306,250 $459,375 $681,750 $611,981 $240,000 $389,000 $580,587 $750,000 $406,200 ISD $315,450 $373,400 $529,750 $406,250 ISD $268,750 $387,500 $562,500 $688,348 $289,031 $457,500 $723,168 $847,000 $693,692 $280,000 $466,367 $600,000 $800,000 $398,000 ISD $93,000 $424,000 $677,000 $520,883 $222,707 $325,000 $508,412 $610,000 $480,500 ISD $277,500 $442,000 $705,000 $580,825 ISD $377,500 $530,000 $786,211 $232,643 ISD $117,500 $258,414 $327,490 $659,359 $96,500 $541,690 $625,000 $792,000 $406,042 ISD $315,000 $376,000 $524,188 $355,323 $181,200 $280,000 $355,908 $450,000 $568,145 $116,052 $350,000 $433,500 $875,000 $583,211 ISD $400,000 $531,967 $800,000 $680,994 ISD $325,000 $681,709 $871,250 $483,390 $295,000 $381,636 $468,750 $582,274 $468,112 $218,000 $300,000 $394,477 $638,000 $522,698 $219,000 $321,250 $451,125 $718,501 $603,137 $120,000 $398,438 $578,274 $760,125 $588,803 $84,600 $394,625 $586,000 $693,500 $453,872 $220,825 $318,870 $429,250 $541,311 $539,889 ISD $282,500 $630,000 $707,000 $483,732 ISD $200,000 $555,000 $665,046 $473,694 $220,000 $326,240 $427,500 $536,274 $583,852 $228,000 $400,000 $555,000 $697,000 $483,208 $200,000 $335,000 $468,750 $585,000 $557,755 $223,200 $343,750 $523,477 $710,500 $507,447 $120,000 $240,000 $485,000 $734,750 $400,600 ISD $247,500 $325,900 $568,500 $392,417 ISD $306,250 $364,750 $487,500 $514,344 $231,000 $350,000 $468,750 $600,000 $463,672 $201,400 $240,000 $393,750 $680,000 $494,584 $220,000 $326,660 $450,000 $592,088 $525,667 $175,000 $316,250 $473,184 $681,282 $571,072 $262,000 $354,000 $570,000 $721,335 $505,460 $213,000 $327,490 $465,684 $600,000 $503,100 ISD $235,000 $540,000 $752,750 $499,542 ISD $251,250 $475,500 $817,813 $599,210 $168,707 $393,376 $550,000 $750,000 $532,875 ISD $334,500 $405,750 $858,375 $313,385 ISD $173,570 $273,400 $475,000 $347,319 $86,000 $235,000 $325,000 $442,500 $382,403 $204,000 $240,000 $350,000 $466,367 $457,786 $241,000 $323,750 $432,750 $551,250 $523,941 $288,000 $386,500 $477,000 $600,000 $650,710 $48,300 $425,000 $583,000 $790,500 $436,588 $123,000 $290,000 $490,257 $568,750 $793,811 $473,365 $685,355 $715,000 $899,211
AIPLA Report of the Economic Survey 2015 I-39
90th Percentile 90% $810,400 $711,935 $880,800 $961,116 $1,017,000 $988,000 ISD ISD $1,144,000 $1,588,000 ISD $796,200 ISD ISD ISD $1,261,800 ISD $550,200 $1,148,354 ISD ISD $680,000 $839,400 $914,177 $1,150,701 $1,267,454 $743,000 ISD ISD $800,000 $983,453 $790,500 $844,083 $958,000 ISD ISD $800,000 $857,000 $800,000 $899,211 $894,500 $800,000 ISD ISD $1,236,354 ISD ISD $690,000 $732,000 $672,500 $755,000 $1,340,000 $671,464 $1,260,000
Private Firm, Of Counsel
Background Information Private Firm, Of Counsel Total All Individuals Admitted to the Patent Bar Age Gender
Count Yes
38 92.1%
No
7.9%
Mean (Average) Years Male Female White/Caucasian Black/African American
Ethnicity
Hispanic/Latino Asian/Pacific Islander Blended Other
IP attorney experience
Mean (Average) Years None
Highest Education other than Law
Bachelor's Degree Master's Degree Doctorate Degree
57.1 76.3% 23.7% 78.4% 2.7% 10.8% 2.7% 2.7% 2.7% 22.2 5.3% 50.0% 23.7% 21.1%
AIPLA Report of the Economic Survey 2015 I-40
Private Firm, Of Counsel Total Gross Income for 2014 from your primary practice (Q10) Private Firm, Of Counsel
All Individuals 7-9 Years of Intellectual Property Law Experience
10-14 15-24 25-34 35 or More
Location
Washington, DC CMSA Other West Biotechnology
IP Technical Specialization (>=50%)
Chemical Computer Software Electrical Mechanical 35-39 40-44
Age
45-49 50-54 55-59 60 or Older
Gender Highest Non-Law Degree Ethnicity
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian Hispanic/Latino 11-25
Full-time Intellectual Property lawyers and agents in the firm or corporation
26-50 51-100 101-150 More than 150
Number of Individuals 33 3 7 14 3 6 10 4 3 3 5 5 6 4 4 4 3 3 15 26 7 17 7 7 25 4 5 5 6 5 3
Total gross income in calendar year 2014 from primary practice 10th First Percentile Quartile Mean Median Third 10% 25% (Average) (Midpoint) Quartile 75% $239,153 $100,000 $189,000 $230,000 $285,000 $198,333 ISD ISD $215,000 ISD $239,580 ISD $188,000 $225,000 $285,000 $263,357 $194,000 $212,250 $257,500 $310,000 $165,667 ISD ISD $112,000 ISD $239,333 ISD $78,750 $165,000 $364,750 $229,306 $100,000 $115,000 $262,500 $305,766 $238,750 ISD $208,750 $235,000 $272,500 $206,667 ISD ISD $205,000 ISD $221,333 ISD ISD $230,000 ISD $259,200 ISD $193,000 $285,000 $312,500 $293,000 ISD $265,000 $280,000 $327,500 $155,500 ISD $90,750 $152,500 $223,750 $224,266 ISD $175,250 $201,500 $296,047 $232,500 ISD $141,250 $227,500 $328,750 $267,500 ISD $233,750 $272,500 $296,250 $298,333 ISD ISD $285,000 ISD $290,000 ISD ISD $300,000 ISD $215,333 $75,600 $100,000 $204,000 $250,000 $233,692 $95,200 $158,250 $225,000 $281,250 $259,438 ISD $215,000 $230,000 $323,063 $251,239 $79,800 $179,500 $215,000 $311,532 $218,143 ISD $112,000 $230,000 $285,000 $249,143 ISD $204,000 $230,000 $285,000 $239,120 $93,600 $194,000 $230,000 $282,500 $272,016 ISD $218,750 $280,000 $317,297 $177,400 ISD $81,500 $204,000 $260,000 $260,000 ISD $237,500 $260,000 $282,500 $221,000 ISD $195,500 $215,000 $242,500 $366,800 ISD $245,000 $285,000 $529,500 $211,021 ISD ISD $190,000 ISD
AIPLA Report of the Economic Survey 2015 I-41
90th Percentile 90% $346,000 ISD ISD $352,500 ISD ISD $338,306 ISD ISD ISD ISD ISD ISD ISD ISD ISD ISD ISD $451,600 $351,500 ISD $425,800 ISD ISD $344,000 ISD ISD ISD ISD ISD ISD
Private Firm, Of Counsel Expected total cash income for 2015 (Q12) Private Firm, Of Counsel
All Individuals 7-9 Years of Intellectual Property Law Experience
10-14 15-24 25-34 35 or More Washington, DC CMSA
Location
Other West Biotechnology
IP Technical Specialization (>=50%)
Chemical Computer Software Electrical Mechanical 35-39 40-44 45-49
Age
50-54 55-59 60 or Older Male
Gender
Female
Highest Non-Law Degree
Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian
Ethnicity
Hispanic/Latino 11-25
Full-time Intellectual Property lawyers and agents in the firm or corporation
26-50 51-100 101-150 More than 150
Number of Individuals 32 3 7 13 3 6 10 4 3 3 5 5 6 4 4 4 3 3 14 26 6 17 7 6 24 4 5 5 6 5 3
Mean (Average) $240,766 $197,500 $247,143 $277,462 $178,333 $206,667 $233,250 $252,500 $191,667 $220,667 $266,000 $316,000 $149,167 $231,250 $233,125 $261,250 $316,667 $330,667 $204,286 $236,135 $260,833 $241,029 $253,571 $242,833 $237,896 $263,750 $174,000 $264,000 $235,833 $315,400 $215,833
Expected total cash income for 2015 10th Percentile First Median 10% Quartile 25% (Midpoint) $86,000 $167,500 $240,000 ISD ISD $190,000 ISD $200,000 $225,000 $172,000 $207,500 $265,000 ISD ISD $150,000 ISD $61,250 $175,000 $82,000 $124,375 $267,500 ISD $177,500 $245,000 ISD ISD $190,000 ISD ISD $250,000 ISD $200,000 $250,000 ISD $270,000 $300,000 ISD $76,250 $130,000 ISD $192,500 $205,000 ISD $139,375 $210,000 ISD $231,250 $260,000 ISD ISD $305,000 ISD ISD $362,000 $57,500 $95,000 $195,000 $75,500 $157,500 $240,000 ISD $197,500 $237,500 $62,000 $175,000 $215,000 ISD $150,000 $250,000 ISD $182,500 $237,500 $72,500 $167,500 $240,000 ISD $187,500 $285,000 ISD $82,500 $160,000 ISD $242,500 $265,000 ISD $197,500 $207,500 ISD $205,000 $305,000 ISD ISD $190,000
Third Quartile 75% $303,750 ISD $325,000 $368,500 ISD $331,250 $306,250 $335,000 ISD ISD $340,000 $370,000 $230,000 $296,250 $350,000 $292,500 ISD ISD $267,500 $301,250 $337,500 $312,500 $360,000 $293,000 $297,500 $318,750 $272,500 $285,000 $277,500 $431,000 ISD
90th Percentile 90% $378,500 ISD ISD $392,000 ISD ISD $370,000 ISD ISD ISD ISD ISD ISD ISD ISD ISD ISD ISD $430,000 $386,000 ISD $404,000 ISD ISD $387,500 ISD ISD ISD ISD ISD ISD
Percent of time devoted to the following types of work, by Income Level (Q13) Private Firm, Of Counsel
Gross Income in 2014 All Individuals Less than $126,000 $176,000-$200,999 $201,000-$250,999 $251,000-$300,999 $301,000-$350,999
TOTAL Number of Individuals 36 6 3 10 8 3
IP prosecution work Mean (Average) 43.8% 53.7% 16.7% 57.9% 51.9% 16.7%
Opinions or counseling prior to litigation or formal ADR Mean (Average) 9.0% 8.7% 23.3% 9.8% 4.4% 11.0%
IP licensing Mean (Average) 2.3% 5.8% 3.3% 1.9% 1.9% .0%
Non-licensing transactional work Mean (Average) .7% .2% .0% 1.0% 1.3% .0%
IP litigation Mean (Average) 19.4% 15.3% 30.0% 8.5% 20.6% 50.0%
Inter partes proceedings Mean (Average) 4.6% .0% .0% 2.2% 10.6% .0%
Other dispute resolution Mean (Average) 1.1% .0% .0% .2% .0% .3%
Supervision and training of other attorneys or agents within your organization Mean (Average) 4.8% .2% .0% 6.3% 6.3% 15.0%
Office management and admin Mean (Average) 2.3% 2.1% 1.7% 2.0% 1.3% 4.0%
Marketing/ Business Development Mean (Average) 3.1% 1.5% .0% 6.2% 1.3% 1.0%
AIPLA Report of the Economic Survey 2015 I-42
Participation in bar association or professional association activities Mean (Average) 1.0% .4% .0% .7% .0% 1.7%
Non-IP legal Mean (Average) 1.9% 11.3% .0% .0% .0% .0%
Managing outside counsel for IP prosecution work Mean (Average) .4% .0% .0% 1.5% .0% .0%
Managing outside counsel for IP litigation work Mean (Average) .1% .0% .0% .2% .0% .0%
Pro bono work Mean (Average) 1.7% .8% 11.7% 1.7% .6% .3%
Other Mean (Average) 3.9% .0% 13.3% .0% .0% .0%
Private Firm, Of Counsel Percent of time devoted to the following IP areas, by Income Level (Q15) Private Firm, Of Counsel
All Individuals Less than $126,000 $176,000-$200,999 $201,000-$250,999 $251,000-$300,999 $301,000-$350,999
Number of Individuals 35 6 3 9 8 3
Business Law Mean (Average) .6% .3% .0% 1.1% 1.3% .0%
Copy- rights Mean (Average) .9% .8% 1.7% 1.1% .6% .0%
Foreign IP Law Mean (Average) 3.0% 5.0% 3.3% 1.1% 3.1% .0%
General IP Mean (Average) 2.5% 1.0% 1.7% 4.4% 2.5% .0%
Patents Mean (Average) 77.7% 58.3% 80.0% 82.8% 90.0% 93.3%
Trade Secrets Mean (Average) 1.6% .8% .0% 1.7% 1.3% 6.7%
Trademarks Mean (Average) 7.7% 19.0% 6.7% 7.8% 1.3% .0%
Other areas Mean (Average) 5.9% 14.7% 6.7% .0% .0% .0%
New priority US and PCT Patent application prepared and filed by you in 2014 (Q17) Private Firm, Of Counsel
All Individuals Washington, DC CMSA Location
San Francisco CMSA Other West Biotechnology
IP Technical Specialization (>=50%)
Chemical Computer Software Electrical Mechanical 11-25
Full-time Intellectual Property lawyers and agents in the firm or corporation
26-50 51-100 101-150 More than 150
New priority US and PCT Patent application prepared and filed by you in 2014 (Q17) First Third Quartile Quartile Number of Mean Median 25% 75% Individuals (Average) (Midpoint) 25 24.4 5.0 10.0 25.5 7 7.9 2.0 5.0 10.0 3 16.3 ISD 15.0 ISD 4 15.0 6.3 15.0 23.8 3 17.3 ISD 20.0 ISD 3 95.3 ISD 30.0 ISD 4 29.0 10.5 23.5 53.0 3 15.0 ISD 10.0 ISD 6 8.3 4.3 6.5 12.5 4 12.0 6.3 8.5 21.3 4 17.5 6.3 17.5 28.8 5 13.8 7.0 10.0 22.5 4 79.3 16.3 26.0 195.5 3 2.0 ISD 2.0 ISD
AIPLA Report of the Economic Survey 2015 I-43
Private Firm, Of Counsel Billable hours recorded in 2014 (Q28) Private Firm, Of Counsel
All Individuals Years of Intellectual Property Law Experience Location
10-14 15-24 35 or More Washington, DC CMSA Other West Biotechnology
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical 35-39
Age
40-44 45-49 60 or Older
Gender Highest Non-Law Degree Ethnicity
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian Hispanic/Latino 11-25
Full-time Intellectual Property lawyers and agents in the firm or corporation
26-50 51-100 101-150 More than 150
Number of Individuals 24 6 10 4 6 3 3 3 3 4 3 4 3 10 20 4 13 5 5 17 3 4 4 4 4 3
How many billable hours did you record in 2014? 10th Percentile Mean First Median Third 10% (Average) Quartile 25% (Midpoint) Quartile 75% 1,346 523 1,075 1,447 1,675 1,234 ISD 925 1,225 1,588 1,468 388 1,075 1,550 1,818 1,189 ISD 709 1,305 1,553 1,422 ISD 1,150 1,517 1,625 1,645 ISD ISD 1,500 ISD 923 ISD ISD 1,150 ISD 1,556 ISD ISD 1,700 ISD 1,708 ISD ISD 1,700 ISD 974 ISD 659 1,075 1,188 1,295 ISD ISD 1,484 ISD 1,627 ISD 1,163 1,536 2,183 1,306 ISD ISD 1,300 ISD 1,159 343 886 1,150 1,600 1,332 505 1,034 1,455 1,675 1,413 ISD 1,125 1,392 1,721 1,419 518 1,075 1,484 1,836 1,462 ISD 1,256 1,500 1,650 1,067 ISD 694 1,100 1,425 1,343 500 1,084 1,410 1,650 1,395 ISD ISD 1,484 ISD 1,136 ISD 684 1,150 1,575 1,684 ISD 1,363 1,575 2,115 1,225 ISD 625 1,300 1,750 1,332 ISD 1,088 1,280 1,628 1,001 ISD ISD 1,200 ISD
AIPLA Report of the Economic Survey 2015 I-44
90th Percentile 90% 1,886 ISD 2,245 ISD ISD ISD ISD ISD ISD ISD ISD ISD ISD 1,780 1,897 ISD 2,132 ISD ISD 1,897 ISD ISD ISD ISD ISD ISD
Private Firm, Of Counsel Average hourly billing rate in 2014 (Q29) Private Firm, Of Counsel
All Individuals 10-14 Years of Intellectual Property Law Experience
15-24 25-34 35 or More
Location
Washington, DC CMSA Other West Biotechnology
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical 35-39 40-44
Age
45-49 55-59 60 or Older
Gender Highest Non-Law Degree Ethnicity
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian Hispanic/Latino 11-25
Full-time Intellectual Property lawyers and agents in the firm or corporation
26-50 51-100 101-150 More than 150
Number of Individuals 27 6 11 3 5 8 3 3 3 3 6 3 4 3 3 12 23 4 13 6 6 20 3 5 4 4 5 3
Mean (Average) $445 $441 $476 $343 $444 $469 $432 $485 $351 $480 $387 $443 $420 $470 $467 $454 $437 $491 $466 $377 $492 $438 $578 $374 $473 $414 $527 $560
Average hourly billing rate in 2014 10th First Median Percentile Quartile (Midpoint) 10% 25% $286 $360 $420 ISD $338 $423 $378 $395 $450 ISD ISD $360 ISD $313 $350 ISD $343 $473 ISD ISD $450 ISD ISD $455 ISD ISD $360 ISD ISD $496 ISD $284 $373 ISD ISD $375 ISD $353 $423 ISD ISD $469 ISD ISD $450 $264 $335 $408 $268 $350 $420 ISD $379 $430 $253 $358 $395 ISD $310 $390 ISD $424 $485 $299 $353 $395 ISD ISD $550 ISD $323 $395 ISD $390 $470 ISD $341 $375 ISD $408 $469 ISD ISD $610
AIPLA Report of the Economic Survey 2015 I-45
Third Quartile 75% $500 $534 $560 ISD $623 $571 ISD ISD ISD ISD $485 ISD $486 ISD ISD $571 $500 $665 $568 $450 $565 $492 ISD $415 $558 $525 $675 ISD
90th Percentile 90% $634 ISD $603 ISD ISD ISD ISD ISD ISD ISD ISD ISD ISD ISD ISD $778 $596 ISD $802 ISD ISD $607 ISD ISD ISD ISD ISD ISD
Private Firm, Of Counsel Percent of services in 2014 that were billed (or will be billed) by type of basis (Q27) Private Firm, Of Counsel
All Individuals 10-14 Years of Intellectual Property Law Experience
15-24 25-34 35 or More
Location
Washington, DC CMSA Other West Biotechnology
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical 35-39 40-44
Age
45-49 55-59 60 or Older
Gender Highest Non-Law Degree Ethnicity
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian Hispanic/Latino 11-25
Full-time Intellectual Property lawyers and agents in the firm or corporation
26-50 51-100 101-150 More than 150
Number of Individuals 27 6 11 3 5 8 3 3 3 3 6 3 4 3 3 12 23 4 13 6 6 20 3 5 4 4 5 3
Hourly Billing Mean (Average) 82.6% 62.5% 92.7% 83.3% 77.0% 91.3% 90.0% 96.7% 28.3% 100.0% 81.7% 53.3% 95.0% 75.0% 76.7% 90.4% 82.8% 81.3% 85.0% 88.3% 79.2% 84.0% 96.7% 80.0% 97.5% 87.5% 60.0% 100.0%
Predetermined Fee Mean (Average) 14.8% 37.5% 2.3% 16.7% 20.0% 8.8% 10.0% 3.3% 71.7% .0% 18.3% 46.7% 5.0% 25.0% 5.0% 8.3% 14.1% 18.8% 13.8% 10.8% 12.5% 12.5% 3.3% 20.0% 2.5% 12.5% 27.0% .0%
AIPLA Report of the Economic Survey 2015 I-46
Contingent Fee Mean (Average) 2.6% .0% 5.0% .0% 3.0% .0% .0% .0% .0% .0% .0% .0% .0% .0% 18.3% 1.3% 3.0% .0% 1.2% .8% 8.3% 3.5% .0% .0% .0% .0% 13.0% .0%
Other Basis Mean (Average) .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0%
Private Firm, Of Counsel Dollar amount billed for legal services performed in 2014 (Q26) Private Firm, Of Counsel
All Individuals Years of Intellectual Property Law Experience Location IP Technical Specialization (>=50%)
10-14 15-24 35 or More Washington, DC CMSA Other West Computer Software Electrical Mechanical 35-39
Age
40-44 55-59 60 or Older
Gender Highest Non-Law Degree Ethnicity Full-time Intellectual Property lawyers and agents in the firm or corporation
Male Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian Hispanic/Latino 11-25 51-100 101-150 More than 150
Number of Individuals 23 5 9 5 6 3 3 3 5 3 4 3 9 21 11 5 5 16 3 5 3 5 3
Dollar amount was billed for the legal services you performed in 2014? 10th Mean First Quartile Median Third Quartile Percentile (Average) 25% (Midpoint) 75% 10% $535,792 $165,000 $408,000 $551,000 $675,000 $427,272 ISD $168,750 $410,000 $694,429 $616,541 ISD $512,500 $650,000 $712,500 $468,600 ISD $171,500 $500,000 $750,000 $586,810 ISD $356,000 $612,500 $840,894 $516,667 ISD ISD $650,000 ISD $524,333 ISD ISD $551,000 ISD $836,288 ISD ISD $850,000 ISD $313,600 ISD $146,500 $200,000 $537,500 $478,453 ISD ISD $410,000 ISD $579,216 ISD $214,500 $579,000 $944,149 $641,667 ISD ISD $650,000 ISD $442,556 ISD $195,000 $450,000 $562,500 $520,684 $157,500 $304,000 $550,000 $662,500 $551,838 $144,400 $187,500 $575,000 $837,858 $582,400 ISD $487,500 $612,000 $662,500 $528,200 ISD $320,000 $551,000 $725,000 $528,375 $175,900 $418,500 $563,000 $650,000 $612,619 ISD ISD $837,858 ISD $388,600 ISD $171,500 $450,000 $575,000 $437,500 ISD ISD $550,000 ISD $572,600 ISD $350,500 $600,000 $781,000 $478,619 ISD ISD $408,000 ISD
AIPLA Report of the Economic Survey 2015 I-47
90th Percentile 90% $910,000 ISD ISD ISD ISD ISD ISD ISD ISD ISD ISD ISD ISD $930,000 $997,092 ISD ISD $810,000 ISD ISD ISD ISD ISD
Corporate IP, Head
Background Information Corporate IP, Head
All Individuals Admitted to the Patent Bar Age Gender
Yes
Total 109 98.2%
No
1.8%
Count
Mean (Average) Years Male Female White/Caucasian Black/African American
Ethnicity
Hispanic/Latino Asian/Pacific Islander Other
IP attorney experience
Mean (Average) Years None
Highest Education other than Law
Bachelor's Degree Master's Degree Doctorate Degree Other
51.5 80.0% 20.0% 88.0% 3.7% .9% 6.5% .9% 19.6 2.8% 56.5% 20.4% 18.5% 1.9%
AIPLA Report of the Economic Survey 2015 I-48
Corporate IP, Head Total Gross Income for 2014 from your primary practice (Q10) Corporate IP, Head
All Individuals 5-6 7-9 Years of Intellectual Property Law Experience
10-14 15-24 25-34 35 or More Boston CMSA NYC CMSA Washington, DC CMSA Other East
Location
Other Southeast Minne.-St. Paul PMSA Other Central Texas San Francisco CMSA Other West Biotechnology Chemical
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Pharmaceutical 35-39 40-44
Age
45-49 50-54 55-59 60 or Older
Gender Highest Non-Law Degree
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian
Ethnicity
Black/African American Asian/Pacific Islander 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50 51-100
Number of Individuals 101 4 6 18 46 21 4 9 11 6 13 3 3 19 6 7 18 9 14 8 9 15 10 7 5 12 22 24 21 14 79 18 55 22 18 87 4 7 40 31 8 11 7 3
Total gross income in calendar year 2014 from primary practice 10th First Mean Median Third Quartile Percentile Quartile (Average) (Midpoint) 75% 10% 25% $360,435 $163,000 $239,000 $298,000 $463,500 $134,047 ISD $123,000 $133,094 $146,047 $282,000 ISD $192,500 $247,500 $379,250 $267,251 $153,200 $198,500 $249,875 $325,822 $365,476 $191,100 $245,466 $298,000 $452,500 $437,230 $261,000 $289,630 $381,500 $575,000 $725,125 ISD $374,875 $762,250 $1,038,250 $325,944 ISD $237,500 $320,000 $405,750 $457,296 $248,000 $281,260 $335,000 $700,000 $388,844 ISD $238,500 $428,600 $509,466 $251,115 $120,000 $131,000 $240,000 $297,750 $385,000 ISD ISD $500,000 ISD $366,667 ISD ISD $300,000 ISD $328,684 $155,000 $200,000 $265,000 $395,000 $287,578 ISD $193,750 $274,875 $362,679 $608,714 ISD $300,000 $550,000 $800,000 $337,217 $157,419 $232,500 $303,519 $386,750 $374,211 ISD $234,500 $311,037 $518,932 $264,197 $159,000 $200,000 $264,500 $298,500 $271,453 ISD $196,405 $250,000 $336,500 $347,118 ISD $249,000 $322,763 $430,000 $293,600 $155,000 $200,500 $260,000 $365,000 $349,519 $139,269 $215,000 $282,500 $475,250 $533,571 ISD $280,000 $430,000 $500,000 $242,190 ISD $135,594 $150,000 $394,882 $247,500 $140,400 $188,750 $237,500 $277,500 $315,973 $194,500 $249,938 $285,500 $350,000 $450,252 $207,500 $261,500 $360,000 $576,216 $345,394 $205,000 $249,000 $310,000 $466,640 $467,664 $125,000 $197,000 $365,750 $665,750 $346,100 $155,000 $225,000 $280,000 $450,000 $422,895 $187,800 $262,000 $323,019 $540,898 $402,777 $194,600 $260,000 $325,000 $524,500 $311,535 $153,000 $196,625 $266,500 $384,875 $259,584 $120,000 $181,500 $259,500 $312,028 $364,503 $171,000 $238,000 $300,000 $460,000 $403,000 ISD $262,250 $382,500 $564,250 $287,857 ISD $160,000 $275,000 $350,000 $246,948 $134,469 $176,250 $232,500 $300,000 $334,517 $237,200 $265,000 $300,000 $450,000 $448,719 ISD $258,563 $365,000 $730,000 $588,636 $251,600 $260,000 $550,000 $700,000 $621,329 ISD $500,000 $589,000 $700,000 $475,667 ISD ISD $355,000 ISD
AIPLA Report of the Economic Survey 2015 I-49
90th Percentile 90% $612,240 ISD ISD $437,000 $622,300 $684,200 ISD ISD $962,800 ISD $480,000 ISD ISD $600,000 ISD ISD $623,770 ISD $417,250 ISD ISD $550,000 $782,600 ISD ISD $435,500 $535,000 $802,000 $540,000 $1,025,500 $615,300 $770,000 $700,000 $584,700 $434,572 $636,800 ISD ISD $365,480 $498,000 ISD $1,330,200 ISD ISD
Corporate IP, Head Total Gross Income for 2014 by Number of Subordinates (Q10b) Corporate IP, Head
All Individuals None How many IP lawyers and patent agents report to you, directly or indirectly?
1-5 6-10 11-15 16 or more
Number of Individuals 101 24 55 9 6 4
Total gross income in calendar year 2014 from primary practice 10th First Third Mean Median Percentile Quartile Quartile (Average) (Midpoint) 10% 25% 75% $360,435 $163,000 $239,000 $298,000 $463,500 $245,338 $142,094 $195,000 $240,000 $295,000 $316,242 $167,000 $245,000 $285,000 $360,000 $706,639 ISD $485,000 $700,000 $895,000 $505,667 ISD $336,250 $492,000 $669,250 $691,575 ISD $525,000 $607,650 $942,075
AIPLA Report of the Economic Survey 2015 I-50
90th Percentile 90% $612,240 $343,600 $500,000 ISD ISD ISD
Corporate IP, Head Employer's 2014 contribution to all of your 401(k)/403(b) retirement and savings plans (Q11) Corporate IP, Head
All Individuals 5-6 7-9 Years of Intellectual Property Law Experience
10-14 15-24 25-34 35 or More Boston CMSA NYC CMSA Washington, DC CMSA Other East
Location
Other Southeast Other Central Texas San Francisco CMSA Other West Biotechnology Chemical
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Pharmaceutical 35-39 40-44
Age
45-49 50-54 55-59 60 or Older
Gender Highest Non-Law Degree
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian
Ethnicity
Black/African American Asian/Pacific Islander 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50 51-100
Employer's 2014 contribution to all of your 401(k)/403(b) retirement and savings plans 10th First Third 90th Number of Mean Median Percentile Quartile Quartile Percentile Individuals (Average) (Midpoint) 10% 25% 75% 90% 91 $14,550 $5,000 $7,350 $12,000 $17,500 $29,500 3 $8,117 ISD ISD $9,692 ISD ISD 6 $9,155 ISD $5,138 $6,740 $14,450 ISD 17 $11,756 $5,800 $7,325 $11,500 $15,000 $18,900 41 $13,674 $5,100 $7,438 $11,500 $17,250 $27,000 20 $20,140 $3,615 $9,301 $15,000 $30,631 $50,000 3 $25,154 ISD ISD $20,962 ISD ISD 7 $19,164 ISD $5,800 $11,500 $36,000 ISD 11 $15,337 $2,200 $6,000 $14,209 $20,000 $39,300 4 $10,313 ISD $5,938 $9,375 $15,625 ISD 13 $15,735 $3,246 $5,000 $12,000 $26,088 $44,400 3 $27,333 ISD ISD $12,000 ISD ISD 19 $15,791 $7,000 $10,000 $15,000 $20,000 $24,500 4 $15,155 ISD $8,238 $14,135 $23,093 ISD 5 $9,700 ISD $5,300 $10,400 $13,750 ISD 17 $9,992 $5,280 $6,822 $10,000 $11,850 $15,800 5 $9,900 ISD $6,000 $10,000 $13,750 ISD 14 $18,014 $7,850 $10,675 $13,517 $21,972 $43,000 7 $7,669 ISD $5,000 $6,643 $12,200 ISD 8 $15,644 ISD $7,131 $10,000 $14,125 ISD 14 $20,009 $7,750 $9,688 $16,000 $24,444 $50,000 9 $15,297 ISD $8,586 $12,000 $19,500 ISD 6 $11,542 ISD $7,238 $11,250 $15,575 ISD 4 $10,543 ISD $8,033 $9,846 $13,750 ISD 12 $12,181 $3,662 $6,250 $12,713 $17,250 $23,150 16 $14,826 $6,450 $8,875 $12,100 $17,278 $31,800 23 $19,506 $5,200 $9,068 $12,600 $25,000 $50,000 20 $11,771 $3,788 $6,100 $10,200 $16,500 $20,830 13 $14,889 $4,160 $6,000 $11,500 $17,981 $39,900 72 $15,347 $5,560 $7,120 $12,000 $17,875 $32,923 15 $12,470 $2,864 $7,650 $11,500 $15,000 $27,900 50 $16,295 $5,805 $8,245 $12,400 $17,625 $41,667 19 $12,533 $3,600 $6,000 $10,000 $18,500 $21,200 16 $11,447 $4,298 $6,338 $10,650 $12,619 $22,959 80 $15,325 $5,000 $7,523 $12,350 $17,875 $33,758 4 $10,256 ISD $8,144 $10,750 $11,875 ISD 4 $5,875 ISD $3,750 $6,000 $7,875 ISD 34 $9,058 $3,000 $5,375 $9,380 $12,150 $15,000 28 $16,408 $5,970 $8,110 $13,205 $21,141 $36,000 8 $17,168 ISD $8,944 $16,185 $25,625 ISD 10 $18,585 $4,090 $8,688 $13,250 $24,500 $49,250 7 $21,857 ISD $12,000 $17,000 $20,000 ISD 3 $23,342 ISD ISD $19,000 ISD ISD
AIPLA Report of the Economic Survey 2015 I-51
Corporate IP, Head Expected total cash income for 2015 (Q12) Corporate IP, Head
All Individuals 5-6 7-9 Years of Intellectual Property Law Experience
10-14 15-24 25-34 35 or More Boston CMSA NYC CMSA Washington, DC CMSA Other East
Location
Other Southeast Minne.-St. Paul PMSA Other Central Texas San Francisco CMSA Other West Biotechnology Chemical Computer Software
IP Technical Specialization (>=50%)
Electrical Mechanical Medical/ Health Care Pharmaceutical Other areas Younger than 35 35-39 40-44
Age
45-49 50-54 55-59 60 or Older
Gender Highest Non-Law Degree
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian
Ethnicity
Black/African American Asian/Pacific Islander 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50 51-100
Number of Individuals 102 4 6 18 46 21 4 9 11 6 13 3 3 19 6 7 19 9 14 8 9 15 10 7 3 3 5 12 22 24 21 14 80 18 56 22 18 88 4 7 41 31 8 11 7 3
Mean (Average) $356,782 $137,000 $279,167 $276,198 $380,317 $396,889 $688,750 $334,111 $445,985 $351,944 $271,231 $460,000 $321,667 $322,211 $276,217 $667,429 $308,062 $370,218 $271,845 $269,578 $340,673 $298,000 $381,100 $559,143 $302,280 $221,667 $232,212 $264,500 $337,756 $449,075 $320,611 $451,464 $340,644 $433,903 $384,722 $323,821 $260,183 $361,507 $377,500 $270,286 $256,758 $325,895 $452,500 $567,727 $580,286 $495,000
Expected total cash income for 2015 10th First Percentile Quartile Median 10% 25% (Midpoint) $163,000 $250,000 $300,000 ISD $130,750 $134,000 ISD $203,750 $280,000 $167,200 $197,875 $262,500 $196,000 $257,500 $300,000 $255,400 $288,916 $365,000 ISD $376,250 $715,000 ISD $251,000 $365,000 $273,166 $300,000 $320,000 ISD $240,250 $358,600 $131,200 $145,000 $265,000 ISD ISD $475,000 ISD ISD $310,000 $170,000 $210,000 $260,000 ISD $178,750 $280,000 ISD $300,000 $600,000 $135,000 $210,000 $300,000 ISD $250,250 $318,000 $155,000 $232,500 $272,500 ISD $197,155 $255,000 ISD $265,000 $300,000 $164,000 $205,000 $270,000 $140,000 $227,000 $312,500 ISD $310,000 $350,000 ISD ISD $376,840 ISD ISD $210,000 ISD $138,500 $150,000 $141,100 $195,000 $252,500 $196,186 $257,500 $300,000 $215,500 $277,708 $366,100 $212,000 $256,500 $300,000 $145,000 $208,375 $360,000 $155,500 $242,155 $294,500 $196,450 $273,750 $326,500 $194,950 $260,500 $321,500 $153,000 $200,000 $298,500 $132,700 $172,500 $272,500 $168,500 $250,000 $300,000 ISD $270,000 $350,000 ISD $160,000 $297,000 $140,400 $172,500 $250,000 $241,124 $265,000 $300,000 ISD $267,500 $355,000 $252,000 $265,000 $500,000 ISD $475,000 $550,000 ISD ISD $375,000
AIPLA Report of the Economic Survey 2015 I-52
Third Quartile 75% $400,000 $146,250 $340,000 $308,515 $425,475 $487,500 $975,000 $397,500 $500,000 $438,366 $306,000 ISD ISD $344,000 $348,075 $800,000 $375,000 $526,731 $300,000 $315,000 $404,530 $365,000 $487,500 $500,000 ISD ISD $367,030 $286,250 $386,250 $500,000 $363,420 $650,000 $379,210 $512,500 $493,750 $380,000 $312,000 $400,000 $512,500 $320,000 $314,000 $376,840 $718,750 $600,000 $552,000 ISD
90th Percentile 90% $586,039 ISD ISD $420,000 $662,500 $590,400 ISD ISD $970,000 ISD $540,000 ISD ISD $530,000 ISD ISD $550,000 ISD $415,000 ISD ISD $526,000 $840,000 ISD ISD ISD ISD $510,000 $590,500 $800,000 $480,000 $950,000 $595,200 $732,500 $662,500 $573,000 $401,730 $602,500 ISD ISD $363,760 $514,000 ISD $1,540,000 ISD ISD
Corporate IP, Head Percent of time devoted to the following types of work, by Income Level (Q13) Corporate IP, Head
Gross Income in 2014 All Individuals $126,000-$150,999 $151,000-$175,999 $176,000-$200,999 $201,000-$250,999 $251,000-$300,999 $301,000-$350,999 $351,000-$400,999 $401,000-$450,999 $451,000-$500,999 $501,000-$600,999 $601,000-$750,999 $751,000 or more
TOTAL Number of Individuals 106 5 4 8 15 21 11 6 3 9 7 4 6
IP prosecution work Mean (Average) 18.5% 35.0% 21.3% 21.6% 24.1% 16.7% 16.5% 7.5% 27.7% 23.3% 10.0% 13.6% 5.8%
Opinions or counseling prior to litigation or formal ADR Mean (Average) 8.9% 4.0% 10.0% 6.3% 9.9% 10.8% 9.8% 9.2% 6.6% 4.9% 12.1% 8.6% 6.7%
IP licensing Mean (Average) 8.9% 10.2% 4.0% 10.0% 5.6% 8.8% 11.5% 9.2% 9.9% 9.4% 16.4% 2.4% 10.8%
Non-licensing transactional work Mean (Average) 8.9% 5.6% 2.0% 11.3% 7.7% 10.6% 6.9% 10.0% 4.9% 13.8% 12.4% 3.6% 11.7%
IP litigation Mean (Average) 5.4% 2.4% 1.5% 3.8% 3.8% 6.9% 8.2% 5.8% 6.5% 3.3% 6.0% 14.7% 5.3%
Inter partes proceedings Mean (Average) 2.6% .0% .3% 1.9% 6.2% 3.3% 1.8% 3.7% .0% .6% 4.3% 3.7% 1.2%
Other dispute resolution Mean (Average) .5% .0% 1.3% .6% .7% .6% .5% .8% .0% .0% .7% .0% 1.0%
Supervision and training of other attorneys or agents within your organization Mean (Average) 11.6% 3.6% 8.8% 8.1% 7.8% 7.1% 7.5% 17.0% 14.9% 10.4% 10.7% 28.6% 31.7%
Office management and admin Mean (Average) 10.1% 8.2% 8.8% 10.6% 7.9% 11.2% 9.2% 8.7% 3.3% 12.6% 5.3% 8.6% 13.3%
Marketing/ Business Development Mean (Average) .5% 3.0% 1.5% .6% .3% .2% .5% .2% .0% .6% .0% .0% .0%
Participation in bar association or professional association activities Mean (Average) 1.8% 3.0% .3% .8% 1.5% 1.3% 1.6% 2.7% 4.3% .8% 3.0% .0% .0%
Non-IP legal Mean (Average) 5.1% 5.0% 18.8% 2.5% 4.3% 4.0% 9.0% 4.7% 3.8% 5.6% 7.3% 1.2% .5%
Managing outside counsel for IP prosecution work Mean (Average) 11.0% 17.0% 18.3% 18.1% 11.0% 13.9% 10.5% 10.0% 8.2% 6.0% 6.4% 3.7% 7.0%
Managing outside counsel for IP litigation work Mean (Average) 4.7% 3.0% 1.5% 1.4% 9.1% 3.8% 4.8% 5.2% 3.3% 5.5% 5.0% 11.2% 4.2%
Pro bono work Mean (Average) .3% .0% .0% .0% .1% .8% .0% 2.2% .0% .0% .3% .0% .0%
Other Mean (Average) 1.2% .0% 2.0% 2.5% .0% .0% 1.8% 3.3% 6.7% 3.3% .0% .0% .8%
Percent of time devoted to the following IP areas, by Income Level (Q15) Corporate IP, Head
All Individuals $126,000-$150,999 $151,000-$175,999 $176,000-$200,999 $201,000-$250,999 $251,000-$300,999 $301,000-$350,999 $351,000-$400,999 $401,000-$450,999 $451,000-$500,999 $501,000-$600,999 $601,000-$750,999 $751,000 or more
Number of Individuals 105 5 4 8 15 21 11 6 3 9 7 4 6
Business Law Mean (Average) 7.1% 2.0% 11.5% 6.9% 5.8% 8.0% 8.6% 12.5% 3.3% 3.9% 14.9% 3.8% 4.2%
Copy- rights Mean (Average) 2.3% 2.6% .3% 1.3% 3.4% 2.3% 2.5% 5.8% 3.3% 2.8% 1.1% 2.5% .8%
Foreign IP Law Mean (Average) 10.3% 13.0% 7.5% 11.3% 8.1% 9.3% 11.4% 9.2% 3.3% 16.7% 9.7% 6.3% 10.8%
General IP Mean (Average) 11.4% 21.0% 6.8% 27.5% 8.5% 8.8% 5.3% 11.7% 13.3% 13.9% 10.0% 1.3% 13.3%
Patents Mean (Average) 52.6% 46.0% 48.8% 41.3% 56.7% 52.9% 55.0% 32.5% 66.7% 44.4% 55.7% 78.8% 56.7%
AIPLA Report of the Economic Survey 2015 I-53
Trade Secrets Mean (Average) 5.7% 2.4% 2.8% 5.0% 5.1% 7.0% 4.7% 10.8% 3.3% 7.8% 4.6% 2.5% 9.2%
Trademarks Mean (Average) 8.7% 12.0% 22.5% 6.3% 10.3% 11.4% 7.5% 13.3% 3.3% 6.1% 4.0% 5.0% 2.5%
Other areas Mean (Average) .9% .0% .0% .0% 1.3% .2% 2.9% 4.2% 3.3% .0% .0% .0% .0%
Corporate IP, Head New priority US and PCT Patent application prepared and filed by you in 2014 (Q17) Corporate IP, Head
All Individuals Boston CMSA NYC CMSA Washington, DC CMSA Location
Other East Other Central Texas San Francisco CMSA Other West Biotechnology Chemical
IP Technical Specialization (>=50%)
Computer Software Mechanical Medical/ Health Care Pharmaceutical
Full-time Intellectual Property lawyers and agents in the firm or corporation
1-2 3-5 6-10 11-25
New priority US and PCT Patent application prepared and filed by you in 2014 (Q17) First Third Number of Mean Median Quartile Quartile Individuals (Average) (Midpoint) 25% 75% 50 14.4 4.0 7.0 12.3 5 11.8 5.0 10.0 19.5 4 6.0 3.5 5.5 9.0 3 8.7 ISD 8.0 ISD 8 10.4 5.3 7.0 17.5 9 11.1 5.0 10.0 18.5 3 2.3 ISD 3.0 ISD 5 57.0 3.0 15.0 132.0 9 4.1 3.0 4.0 5.0 3 10.0 ISD 5.0 ISD 11 9.5 5.0 10.0 12.0 3 14.0 ISD 8.0 ISD 9 14.3 6.5 10.0 24.5 8 10.4 1.5 5.5 16.8 3 24.0 ISD 5.0 ISD 22 10.2 4.8 7.0 12.5 15 8.3 5.0 5.0 12.0 5 45.4 1.0 10.0 107.5 4 31.3 9.3 26.5 58.0
Direct and indirect reports (Q18) Corporate IP, Head
All Individuals
Count None
How many IP lawyers and patent agents report to you, directly or indirectly?
1-5 6-10 11-15 16 or more
Total 109 24.5% 53.9% 8.8% 5.9% 6.9%
AIPLA Report of the Economic Survey 2015 I-54
Corporate IP, Head Percent of activities handled by in-house counsel other than liaison with outside counsel, by Income Level (Q19) Corporate IP, Head
All Individuals $126,000-$150,999 $151,000-$175,999 $176,000-$200,999 $201,000-$250,999 $251,000-$300,999 $301,000-$350,999 $351,000-$400,999 $401,000-$450,999 $451,000-$500,999 $501,000-$600,999 $601,000-$750,999 $751,000 or more
Number of Individuals 100 3 4 7 15 20 11 6 3 8 7 4 6
Litigation Mean (Average) 11.0% .0% 5.0% 3.3% 14.6% 10.3% 5.5% 5.0% 17.5% 2.8% 21.0% 35.0% 17.0%
Licensing Mean (Average) 72.9% 52.5% 36.7% 76.4% 75.8% 71.1% 56.8% 94.2% 73.3% 88.8% 73.6% 85.0% 74.2%
Patent Preparation Prosecution Mean (Average) 49.2% 78.3% 68.3% 46.7% 53.8% 32.7% 51.5% 32.5% 50.0% 43.5% 53.6% 53.3% 60.8%
Trade- mark Registration Mean (Average) 44.6% 43.3% 65.0% 36.7% 41.7% 41.6% 34.0% 35.0% 100.0% 37.1% 53.3% 47.5% 75.0%
Copyright Registration Mean (Average) 37.7% .0% 45.0% 1.0% 38.2% 43.1% 35.0% 48.3% 100.0% 33.3% 25.0% 45.0% 56.7%
Mean percentages based on reported non-zero amounts Annual Gross Revenues for Company for 2014 (Q20) Corporate IP, Head
All Individuals Boston CMSA NYC CMSA Washington, DC CMSA Other East Location
Other Southeast Minne.-St. Paul PMSA Other Central Texas San Francisco CMSA Other West Biotech Chemical
Field of technology that best describes the focus of company or business unit
Electrical Computer Software Mechanical Medical/Health Care Pharmceutical Other 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50 51-100
What was the annual gross revenue of your organization in 2014 (provide the gross revenue for your business unit if your company tracks gross revenue by business unit) in USD? Number of 10th Percentile 90th Percentile Mean (Average) First Quartile 25% Median (Midpoint) Third Quartile 75% Individuals 10% 90% 82 $6,164,023,976 $60,500,000 $787,500,000 $2,000,000,000 $5,625,000,000 $16,000,000,000 6 $4,034,500,000 ISD $1,665,000,000 $2,350,000,000 $5,985,250,000 ISD 9 $7,844,444,444 ISD $1,000,000,000 $2,800,000,000 $9,250,000,000 ISD 4 $3,962,500,000 ISD $187,500,000 $1,875,000,000 $9,825,000,000 ISD 11 $913,272,727 $19,400,000 $30,000,000 $650,000,000 $2,330,000,000 $2,866,600,000 3 $10,200,000,000 ISD ISD $1,800,000,000 ISD ISD 3 $4,400,000,000 ISD ISD $3,000,000,000 ISD ISD 16 $9,331,381,250 $60,850,000 $1,000,000,000 $4,400,000,000 $13,375,000,000 $34,918,820,000 4 $6,579,250,000 ISD $337,750,000 $5,150,000,000 $14,250,000,000 ISD 5 $7,418,000,000 ISD $850,000,000 $5,000,000,000 $15,195,000,000 ISD 15 $2,097,857,733 $126,946,400 $500,000,000 $1,050,000,000 $1,700,000,000 $8,200,000,000 5 $3,473,773,200 ISD $59,433,000 $450,000,000 $8,400,000,000 ISD 11 $3,912,227,273 $13,600,000 $1,300,000,000 $2,333,000,000 $4,000,000,000 $14,600,000,000 7 $2,107,000,000 ISD $500,000,000 $2,000,000,000 $3,400,000,000 ISD 4 $1,179,500,000 ISD $238,500,000 $1,000,000,000 $2,300,000,000 ISD 11 $9,106,090,909 $23,600,000 $800,000,000 $3,000,000,000 $12,000,000,000 $46,600,000,000 19 $3,996,715,789 $85,000,000 $700,000,000 $1,200,000,000 $3,000,000,000 $14,500,000,000 3 $8,980,000,000 ISD ISD $1,050,000,000 ISD ISD 19 $10,549,210,526 $160,000,000 $1,400,000,000 $3,300,000,000 $15,000,000,000 $41,000,000,000 28 $2,219,909,500 $24,386,600 $169,750,000 $850,000,000 $2,000,000,000 $5,100,000,000 26 $2,284,538,462 $85,000,000 $700,000,000 $1,950,000,000 $3,161,750,000 $5,350,000,000 6 $12,834,083,333 ISD $2,251,125,000 $7,000,000,000 $23,000,000,000 ISD 10 $10,339,000,000 $1,020,000,000 $2,550,000,000 $12,000,000,000 $15,200,000,000 $23,981,000,000 7 $20,671,428,571 ISD $1,000,000,000 $16,000,000,000 $41,000,000,000 ISD 3 $7,400,000,000 ISD ISD $6,000,000,000 ISD ISD
AIPLA Report of the Economic Survey 2015 I-55
Corporate IP, Head Annual IP Budget for Company for 2014 (Q21) Corporate IP, Head
All Individuals Boston CMSA NYC CMSA Washington, DC CMSA Other East Location
Other Southeast Minne.-St. Paul PMSA Other Central Texas San Francisco CMSA Other West Biotech Chemical
Field of technology that best describes the focus of company or business unit
Electrical Computer Software Mechanical Medical/Health Care Pharmceutical Other 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50
What was the annual IP budget for your organization (excluding litigation) in 2014 (provide the IP budget for your business unit if your company allocates IP budget by business unit) in USD? Number of Mean 10th First Quartile Median Third Quartile 90th Individuals (Average) Percentile 10% 25% (Midpoint) 75% Percentile 90% 91 $7,825,586 $800,000 $1,500,000 $3,000,000 $9,000,000 $20,000,000 7 $5,157,143 ISD $2,000,000 $4,900,000 $7,500,000 ISD 10 $8,164,589 $167,000 $1,625,000 $4,000,000 $5,886,917 $46,600,000 4 $10,975,000 ISD $1,150,000 $1,950,000 $29,825,000 ISD 11 $2,695,455 $420,000 $750,000 $2,000,000 $4,000,000 $7,400,000 3 $15,833,333 ISD ISD $6,000,000 ISD ISD 3 $5,333,333 ISD ISD $3,000,000 ISD ISD 17 $8,219,118 $385,000 $1,000,000 $3,000,000 $9,250,000 $30,440,000 6 $5,127,904 ISD $1,522,500 $1,868,712 $11,500,000 ISD 6 $16,300,000 ISD $2,325,000 $13,250,000 $25,250,000 ISD 18 $8,546,667 $800,000 $1,500,000 $2,250,000 $12,000,000 $32,000,000 8 $10,255,000 ISD $1,160,000 $1,900,000 $21,850,000 ISD 11 $6,972,727 $1,320,000 $2,000,000 $5,500,000 $11,000,000 $18,600,000 8 $6,112,500 ISD $1,875,000 $4,450,000 $9,250,000 ISD 5 $2,100,000 ISD $1,250,000 $2,000,000 $3,000,000 ISD 11 $8,107,273 $800,000 $1,300,000 $3,000,000 $12,000,000 $41,600,000 18 $4,718,056 $392,500 $950,000 $2,000,000 $6,500,000 $16,650,000 10 $7,596,742 $217,000 $1,553,068 $2,000,000 $6,125,000 $45,950,000 18 $10,656,438 $500,000 $1,750,000 $4,500,000 $12,500,000 $39,300,000 35 $2,509,380 $400,000 $1,000,000 $1,640,000 $3,000,000 $5,709,533 27 $5,559,259 $1,200,000 $1,800,000 $3,000,000 $6,200,000 $10,600,000 8 $6,850,000 ISD $2,250,000 $5,000,000 $10,750,000 ISD 11 $16,172,727 $1,120,000 $5,000,000 $12,000,000 $25,800,000 $46,000,000 7 $31,071,429 ISD $7,500,000 $38,000,000 $50,000,000 ISD
AIPLA Report of the Economic Survey 2015 I-56
Corporate IP, Head Corporate IP budget per full-time IP lawyer or agent in 2014 (Q21b) Corporate IP, Head
All Individuals Boston CMSA NYC CMSA Washington, DC CMSA Other East Location
Other Southeast Minne.-St. Paul PMSA Other Central Texas San Francisco CMSA Other West Biotech Chemical
Field of technology that best describes the focus of company or business unit
Electrical Computer Software Mechanical Medical/Health Care Pharmceutical Other 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50
Number of Individuals 91 7 10 4 11 3 3 17 6 6 18 8 11 8 5 11 18 10 18 35 27 8 11 7
Corporate IP budget per full-time IP lawyer or agent in 2014 10th Percentile Mean First Quartile Median Third Quartile 10% (Average) 25% (Midpoint) 75% $1,431,644 $215,873 $500,000 $1,000,000 $1,500,000 $1,025,345 ISD $222,222 $1,090,909 $1,425,000 $1,525,797 $72,500 $128,750 $883,333 $1,814,486 $2,672,222 ISD $191,667 $1,400,000 $6,425,000 $1,087,879 $210,000 $600,000 $1,000,000 $1,500,000 $1,955,882 ISD ISD $1,750,000 ISD $330,635 ISD ISD $428,571 ISD $1,919,663 $220,333 $404,545 $714,286 $1,241,667 $1,583,737 ISD $667,500 $1,556,212 $2,312,500 $1,680,754 ISD $229,464 $1,800,000 $2,958,333 $1,063,569 $482,727 $625,000 $810,000 $1,340,909 $1,944,167 ISD $425,000 $910,000 $2,858,333 $2,962,662 $291,429 $625,000 $1,200,000 $2,000,000 $2,377,083 ISD $868,750 $1,750,000 $3,208,333 $900,000 ISD $500,000 $1,000,000 $1,250,000 $721,426 $45,778 $433,333 $750,000 $1,042,553 $956,373 $76,786 $326,705 $690,476 $1,278,409 $997,753 $139,222 $396,465 $766,667 $1,778,068 $1,154,206 $237,500 $423,701 $1,183,824 $1,512,500 $1,906,725 $295,000 $750,000 $1,050,000 $2,000,000 $1,437,654 $353,333 $500,000 $1,000,000 $1,550,000 $968,552 ISD $332,143 $669,643 $1,343,750 $942,489 $84,444 $409,091 $1,090,909 $1,363,636 $890,233 ISD $214,286 $1,042,553 $1,457,143
AIPLA Report of the Economic Survey 2015 I-57
90th Percentile 90% $2,739,689 ISD $6,575,794 ISD $2,533,333 ISD ISD $5,520,000 ISD ISD $2,133,333 ISD $16,650,000 ISD ISD $1,618,182 $2,700,000 $2,440,000 $2,345,794 $2,854,767 $3,333,333 ISD $2,286,667 ISD
Corporate IP, Head Change in IP Budget for Company from 2013 to 2014 (Q22)
All Individuals Boston CMSA NYC CMSA Washington, DC CMSA Other East Location
Other Southeast Minne.-St. Paul PMSA Other Central Texas San Francisco CMSA Other West Biotech Chemical
Field of technology that best describes the focus of company or business unit
Electrical Computer Software Mechanical Medical/Health Care Pharmceutical Other 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50 51-100
How did the annual IP budget for your company (or business unit if applicable) change from 2013 to 2014? Increase No change Decrease 36.7% 35.7% 27.6% 11.1% 66.7% 22.2% 54.5% 18.2% 27.3% 25.0% 25.0% 50.0% 50.0% 16.7% 33.3% .0% 66.7% 33.3% 25.0% 75.0% .0% 35.3% 35.3% 29.4% 50.0% 33.3% 16.7% 66.7% 16.7% 16.7% 31.6% 36.8% 31.6% 50.0% 25.0% 25.0% 33.3% 25.0% 41.7% 33.3% 33.3% 33.3% .0% 100.0% .0% 33.3% 50.0% 16.7% 36.8% 31.6% 31.6% 50.0% 40.0% 10.0% 36.4% 27.3% 36.4% 24.3% 40.5% 35.1% 51.7% 24.1% 24.1% 50.0% 50.0% .0% 18.2% 54.5% 27.3% 57.1% 14.3% 28.6% 50.0% 25.0% 25.0%
AIPLA Report of the Economic Survey 2015 I-58
Total Count 98 9 11 4 12 3 4 17 6 6 19 8 12 9 5 12 19 10 22 37 29 8 11 7 4
Corporate IP, Head If there was a change in your corporate budget, reasons for the change (Q23) Corporate IP, Head
All Individuals 7-9 Years of Intellectual Property Law Experience
10-14 15-24 25-34 Boston CMSA NYC CMSA Washington, DC CMSA
Location
Other East Other Central Texas San Francisco CMSA Other West Biotechnology Chemical
IP Technical Specialization (>=50%)
Electrical Mechanical Medical/ Health Care Pharmaceutical Other areas 40-44 45-49
Age
50-54 55-59 60 or Older
Gender Highest Non-Law Degree Ethnicity
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian Asian/Pacific Islander 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50 51-100
Economic growth 38.7% 100.0% 40.0% 27.6% 57.1% 33.3% 25.0% .0% 30.0% 36.4% 66.7% 40.0% 53.8% 25.0% 33.3% 40.0% 50.0% 28.6% 50.0% 33.3% 14.3% 40.0% 37.5% 41.7% 50.0% 38.8% 45.5% 41.7% 25.0% 45.5% 38.9% 25.0% 28.6% 36.4% 75.0% 16.7% 80.0% 50.0%
Company leadership change 14.5% .0% 20.0% 10.3% 21.4% .0% 25.0% .0% 20.0% .0% 66.7% .0% 15.4% 25.0% 16.7% 20.0% .0% 28.6% .0% .0% 28.6% 10.0% 25.0% 8.3% 8.3% 14.3% 9.1% 11.1% 16.7% 18.2% 14.8% 25.0% 23.8% 9.1% 25.0% .0% 20.0% .0%
Unexpected litigation 12.9% .0% 10.0% 13.8% 21.4% .0% .0% .0% 10.0% 18.2% .0% 60.0% 15.4% .0% 16.7% .0% 10.0% 14.3% 50.0% .0% 14.3% 10.0% 18.8% 8.3% 16.7% 10.2% 27.3% 11.1% 16.7% 9.1% 14.8% .0% .0% 13.6% 75.0% 16.7% .0% 25.0%
Reasons for the Change Change in perceived value of IP Change in within company organization revenue 17.7% 29.0% .0% .0% 20.0% 40.0% 20.7% 31.0% 14.3% 28.6% 33.3% 33.3% .0% 12.5% 33.3% 33.3% 10.0% 20.0% 18.2% 36.4% .0% 66.7% 20.0% 40.0% 30.8% 15.4% 25.0% 25.0% .0% 33.3% 20.0% .0% 10.0% 40.0% 14.3% 14.3% 25.0% 50.0% .0% 66.7% 14.3% 28.6% 10.0% 50.0% 18.8% 25.0% 16.7% 41.7% 33.3% 8.3% 18.4% 30.6% 18.2% 18.2% 19.4% 19.4% 16.7% 41.7% 18.2% 27.3% 14.8% 25.9% 25.0% 50.0% 23.8% 23.8% 9.1% 36.4% .0% 25.0% 33.3% 50.0% 40.0% 20.0% .0% .0%
Technology focus of company or business unit (Q24) Corporate IP, Head
All Individuals
Count Biotech
Field of technology that best describes the focus of company or business unit
Chemical Electrical Computer Software Computer Hardware Mechanical Medical/Health Care Pharmceutical Other
Total 109 8.9% 11.9% 8.9% 5.9% 1.0% 11.9% 18.8% 10.9% 21.8%
AIPLA Report of the Economic Survey 2015 I-59
Political climate change 3.2% .0% .0% 6.9% .0% .0% .0% .0% .0% 9.1% .0% .0% 7.7% .0% 8.3% .0% .0% .0% .0% .0% .0% .0% 6.3% .0% 8.3% 2.0% 9.1% 2.8% .0% 9.1% .0% .0% 4.8% .0% .0% .0% 20.0% .0%
Merger or acquisition 19.4% 33.3% 20.0% 17.2% 28.6% 33.3% 25.0% 33.3% 20.0% 9.1% .0% 40.0% 23.1% 50.0% 16.7% 20.0% 20.0% 14.3% 50.0% .0% .0% 20.0% 18.8% 25.0% 25.0% 16.3% 27.3% 22.2% 8.3% 18.2% 20.4% 25.0% 4.8% 40.9% .0% 16.7% 20.0% .0%
Other 27.4% .0% 20.0% 37.9% 7.1% 33.3% 37.5% 66.7% 30.0% 36.4% .0% .0% 23.1% .0% 25.0% 40.0% 20.0% 28.6% 25.0% 33.3% 42.9% 30.0% 31.3% 8.3% 25.0% 26.5% 36.4% 30.6% 25.0% 27.3% 29.6% .0% 33.3% 22.7% 25.0% 50.0% .0% 25.0%
Count 62 3 10 29 14 3 8 3 10 11 3 5 13 4 12 5 10 7 4 3 7 10 16 12 12 49 11 36 12 11 54 4 21 22 4 6 5 4
Corporate IP, Head Percent of annual corporate IP budget devoted to the following types of work, by Income Level (Q25) Corporate IP, Head
Gross Income in 2014 All Individuals $126,000-$150,999 $151,000-$175,999 $176,000-$200,999 $201,000-$250,999 $251,000-$300,999 $301,000-$350,999 $351,000-$400,999 $451,000-$500,999 $501,000-$600,999 $601,000-$750,999 $751,000 or more
TOTAL Number of Individuals 82 4 4 7 14 14 11 4 5 6 3 5
In house staff to perform and/or manage IP prosecution work Mean (Average) 24.6% 38.8% 15.8% 32.4% 24.0% 19.5% 21.1% 18.3% 28.0% 21.7% 31.7% 19.6%
In house staff to provide opinions or counseling prior to litigation or formal ADR Mean (Average) 5.7% 5.0% 8.8% 4.7% 2.9% 9.6% 4.4% 5.8% 4.0% 6.3% 9.0% 6.6%
In house staff to perform IP licensing Mean (Average) 4.4% 1.3% 2.9% 5.4% 1.8% 2.1% 8.5% 4.5% 5.0% 6.2% 5.7% 4.4%
In house staff to perform non-licensing transactional work Mean (Average) 3.7% 1.3% .4% 3.1% 2.5% 4.4% 3.3% 5.5% 7.0% 6.2% .7% 5.0%
In house staff to perform IP litigation Mean (Average) 2.1% 2.5% .3% 1.4% 1.8% 2.6% 2.3% 5.0% .2% .0% 3.0% 2.6%
In house staff to perform Inter partes proceedings Mean (Average) 1.2% 1.3% .3% .0% 1.6% 3.1% .0% 1.3% .0% .8% 1.0% 1.2%
In house staff to perform other dispute resolution Mean (Average) .2% .0% 1.3% .0% .0% .0% .1% .0% .0% .8% .0% .2%
Fees paid to outside counsel to perform IP prosecution Mean (Average) 33.1% 26.3% 53.8% 35.7% 35.5% 31.6% 28.5% 37.5% 31.8% 32.0% 18.3% 42.0%
Fees paid to outside counsel to perform opinions or counseling prior to litigation or formal ADR Mean (Average) 5.0% 6.3% 1.9% 3.9% 7.8% 6.8% 6.2% 2.5% 3.2% 3.7% 1.0% 4.0%
Percent of annual corporate IP budget devoted to the following types of work, by Income Level (Q25) (cont'd.) Corporate IP, Head
Gross Income in 2014 All Individuals $126,000-$150,999 $151,000-$175,999 $176,000-$200,999 $201,000-$250,999 $251,000-$300,999 $301,000-$350,999 $351,000-$400,999 $451,000-$500,999 $501,000-$600,999 $601,000-$750,999 $751,000 or more
TOTAL Number of Individuals 82 4 4 7 14 14 11 4 5 6 3 5
Fees paid to outside counsel to perform IP licensing Mean (Average) .7% .5% .8% 1.4% 1.1% .4% 1.4% .8% .2% .0% .0% 1.2%
Fees paid to outside counsel to perform non-licensing transactional work Mean (Average) 1.4% .0% .8% 2.1% 1.2% 1.3% 1.1% 2.0% 4.0% 3.3% .7% .2%
Fees paid to outside counsel to perform IP litigation Mean (Average) 8.7% 5.0% 1.5% 2.9% 10.4% 11.9% 12.1% 6.3% 10.0% 8.3% 18.7% 6.4%
Fees paid to outside counsel to perform Inter partes proceedings Mean (Average) 2.6% .0% .3% 1.4% 4.3% 2.9% 3.8% 3.8% .0% 5.2% 3.0% .0%
Fees paid to outside counsel to perform other dispute resolution Mean (Average) .5% 1.3% .3% .0% .6% .1% .5% .0% .0% .3% .7% 3.0%
Supervision and training of attorneys or agents within your organization Mean (Average) 1.6% 3.0% 4.0% .7% 1.1% 1.5% 1.3% 2.6% .0% 2.0% 2.3% 1.6%
AIPLA Report of the Economic Survey 2015 I-60
Office management and admin Mean (Average) 2.9% 7.0% 3.0% 4.7% 2.4% 1.9% 3.5% 2.9% .4% 2.0% 2.3% 2.0%
Participation in bar association or professional association activities Mean (Average) .8% .8% .3% .0% .9% .3% 1.2% .0% .0% 1.2% 2.0% .0%
Pro bono work Mean (Average) .0% .0% .0% .0% .0% .0% .0% .3% .0% .0% .0% .0%
Other Mean (Average) .8% .0% 4.1% .0% .0% .0% .9% 1.3% 6.2% .0% .0% .0%
Corporate IP, Head Percent of annual corporate IP budget devoted to the following types of work, by technology focus of company (Q25) Corporate IP, Head
Technology Focus of Company All Individuals Biotech Chemical Electrical Computer Software Mechanical Medical/Health Care Pharmceutical Other
TOTAL Number of Individuals 82 8 11 9 6 10 17 6 14
In house staff to perform and/or manage IP prosecution work Mean (Average) 24.6% 20.0% 26.9% 24.1% 26.4% 24.8% 22.4% 34.2% 24.4%
In house staff to provide opinions or counseling prior to litigation or formal ADR Mean (Average) 5.7% 6.0% 8.7% .7% 2.7% 11.0% 6.1% 4.2% 4.4%
In house staff to perform IP licensing Mean (Average) 4.4% 5.3% 3.6% 7.9% 1.7% 2.2% 4.4% 5.8% 3.8%
In house staff to perform non-licensing transactional work Mean (Average) 3.7% 4.3% 3.5% .1% 4.7% 3.7% 3.9% 3.3% 5.4%
In house staff to perform IP litigation Mean (Average) 2.1% 1.3% .1% 3.3% 3.6% 4.6% 2.3% .8% 1.6%
In house staff to perform Inter partes proceedings Mean (Average) 1.2% .0% 4.5% .6% .0% .3% .9% .0% 1.5%
In house staff to perform other dispute resolution Mean (Average) .2% .0% .0% .0% .8% .5% .1% .0% .5%
Fees paid to outside counsel to perform IP prosecution Mean (Average) 33.1% 32.1% 30.5% 37.7% 26.4% 31.8% 32.5% 31.5% 37.8%
Fees paid to outside counsel to perform opinions or counseling prior to litigation or formal ADR Mean (Average) 5.0% 3.1% 11.3% 3.9% 8.7% 3.3% 4.1% 5.0% 3.2%
Percent of annual corporate IP budget devoted to the following types of work, by technology focus of company (Q25) (cont'd.) Corporate IP, Head
Technology Focus of Company All Individuals Biotech Chemical Electrical Computer Software Mechanical Medical/Health Care Pharmceutical Other
TOTAL Number of Individuals 82 8 11 9 6 10 17 6 14
Fees paid to outside counsel to perform IP licensing Mean (Average) .7% 1.3% 1.0% 1.1% .8% .5% .6% .2% .6%
Fees paid to outside counsel to perform non-licensing transactional work Mean (Average) 1.4% 2.8% 1.3% 1.7% .0% 1.3% 1.3% 3.7% .6%
Fees paid to outside counsel to perform IP litigation Mean (Average) 8.7% 10.0% 1.5% 11.1% 19.5% 8.6% 9.5% 5.0% 6.9%
Fees paid to outside counsel to perform Inter partes proceedings Mean (Average) 2.6% 5.6% 2.5% 2.2% 3.3% .1% 4.5% .0% 1.1%
Fees paid to outside counsel to perform other dispute resolution Mean (Average) .5% .6% .0% .4% .0% .1% 1.0% .8% .6%
Supervision and training of attorneys or agents within your organization Mean (Average) 1.6% 1.3% 1.6% 1.7% .5% 2.1% 1.3% 1.7% 2.0%
AIPLA Report of the Economic Survey 2015 I-61
Office management and admin Mean (Average) 2.9% 4.8% 2.4% 2.3% .3% 2.8% 4.1% 2.5% 2.8%
Participation in bar association or professional association activities Mean (Average) .8% 1.7% .1% 1.2% .5% .8% .6% 1.3% .6%
Pro bono work Mean (Average) .0% .0% .0% .0% .0% .0% .1% .0% .0%
Other Mean (Average) .8% .0% .5% .0% .0% 1.7% .6% .0% 2.2%
Corporate IP, Attorney
Background Information Corporate IP, Attorney
All Individuals Admitted to the Patent Bar Age Gender
Yes
Total 142 97.1%
No
2.9%
Count
Mean (Average) Years Male Female White/Caucasian Hispanic/Latino
Ethnicity
Asian/Pacific Islander Blended Other
IP attorney experience
Mean (Average) Years Bachelor's Degree
Highest Education other than Law
Master's Degree Doctorate Degree Other
47.1 70.9% 29.1% 92.0% 2.9% 2.9% 1.4% .7% 15.1 57.0% 31.0% 10.6% 1.4%
AIPLA Report of the Economic Survey 2015 I-62
Corporate IP, Attorney Total Gross Income for 2014 from your primary practice (Q10) Corporate IP, Attorney
All Individuals Fewer than 5 5-6 Years of Intellectual Property Law Experience
7-9 10-14 15-24 25-34 35 or More Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas San Francisco CMSA Other West Biotechnology Chemical Computer Hardware
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Pharmaceutical Younger than 35 35-39 40-44
Age
45-49 50-54 55-59 60 or Older
Gender Highest Non-Law Degree
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian
Ethnicity
Hispanic/Latino Asian/Pacific Islander 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50 51-100 101-150
Number of Individuals 136 15 8 23 32 36 14 8 11 14 8 9 6 4 5 8 4 31 9 9 16 11 27 6 12 16 22 8 14 12 23 26 22 17 17 17 98 37 75 44 15 122 3 4 9 26 30 30 15 18 6
Total gross income in calendar year 2014 from primary practice 10th First Third Mean Median Percentile Quartile Quartile (Average) (Midpoint) 10% 25% 75% $252,411 $140,489 $175,000 $234,500 $305,000 $124,294 $61,800 $96,000 $112,000 $137,000 $193,712 ISD $156,750 $178,500 $221,250 $203,987 $155,800 $170,000 $180,000 $206,664 $255,504 $150,600 $190,471 $236,450 $279,803 $312,163 $174,100 $226,250 $283,500 $398,500 $292,665 $176,000 $248,750 $292,500 $342,731 $338,850 ISD $242,500 $350,000 $444,000 $324,401 $153,000 $212,000 $280,000 $480,000 $293,752 $116,250 $214,694 $245,000 $374,750 $263,873 ISD $212,250 $239,950 $301,250 $269,611 ISD $168,500 $195,500 $389,500 $245,667 ISD $181,000 $265,000 $291,500 $240,236 ISD $186,250 $252,500 $281,957 $225,740 ISD $142,349 $230,000 $307,000 $245,077 ISD $161,250 $226,500 $275,000 $326,750 ISD $241,250 $350,000 $389,000 $212,030 $96,800 $120,000 $177,600 $280,000 $234,408 ISD $185,500 $192,000 $290,000 $257,652 ISD $209,000 $250,000 $312,447 $224,113 $126,800 $152,250 $190,000 $289,500 $275,727 $102,200 $170,000 $255,000 $280,000 $227,120 $132,000 $150,000 $213,000 $287,000 $210,650 ISD $125,625 $190,000 $289,450 $196,064 $106,000 $150,500 $188,000 $250,000 $264,840 $161,400 $192,875 $245,000 $315,000 $247,286 $144,389 $175,200 $222,500 $350,000 $213,738 ISD $177,500 $208,500 $269,975 $301,644 $165,000 $221,250 $267,505 $374,750 $152,542 $65,250 $97,000 $165,000 $185,000 $188,693 $113,600 $147,000 $180,000 $206,664 $215,218 $143,010 $158,750 $218,685 $250,000 $271,232 $158,700 $194,662 $253,500 $330,500 $328,566 $172,000 $206,500 $314,894 $392,000 $316,724 $203,600 $237,500 $285,000 $356,500 $299,106 $148,000 $238,500 $264,000 $355,000 $258,149 $139,700 $176,950 $236,500 $313,474 $239,280 $135,200 $162,500 $233,000 $282,505 $244,304 $124,200 $175,000 $212,000 $305,000 $253,596 $140,349 $162,750 $239,100 $308,250 $289,460 $147,800 $180,000 $258,000 $314,894 $251,392 $140,210 $170,000 $227,500 $306,250 $169,167 ISD ISD $175,000 ISD $261,750 ISD $212,750 $277,500 $295,000 $182,189 ISD $128,000 $162,000 $235,000 $203,487 $114,603 $152,250 $180,886 $250,250 $235,781 $128,700 $178,000 $240,000 $282,803 $278,676 $185,100 $203,750 $250,000 $313,250 $294,413 $169,200 $177,600 $250,000 $400,000 $273,111 $107,600 $170,750 $273,500 $350,000 $366,667 ISD $163,750 $412,500 $487,500
AIPLA Report of the Economic Survey 2015 I-63
90th Percentile 90% $404,400 $226,758 ISD $298,000 $377,300 $491,329 $400,000 ISD $700,000 $575,000 ISD ISD ISD ISD ISD ISD ISD $390,000 ISD ISD $433,000 $680,000 $368,400 ISD $303,100 $433,000 $381,800 ISD $525,000 $271,500 $278,000 $313,000 $465,460 $590,000 $520,000 $473,600 $410,500 $380,400 $418,480 $412,500 $540,000 $407,600 ISD ISD ISD $329,000 $346,489 $476,320 $478,245 $482,500 ISD
Corporate IP, Attorney Total Gross Income for 2014 by Number of Subordinates (Q10b) Corporate IP, Attorney
All Individuals How many IP lawyers and patent agents report to you, directly or indirectly?
None
Number of Individuals 136 83
Total gross income in calendar year 2014 from primary practice 10th First Third Mean Median Percentile Quartile Quartile (Average) (Midpoint) 10% 25% 75% $252,411 $140,489 $175,000 $234,500 $305,000 $214,868 $113,600 $160,000 $192,000 $260,000
1-5
39
$283,682
6-10
5
$428,000
$162,000 ISD
$212,000
$255,000
$320,000
$357,500
$400,000
$512,500
AIPLA Report of the Economic Survey 2015 I-64
90th Percentile 90% $404,400 $341,200 $443,200 ISD
Corporate IP, Attorney Employer's 2014 contribution to all of your 401(k)/403(b) retirement and savings plans (Q11) Corporate IP, Attorney
All Individuals Fewer than 5 5-6 Years of Intellectual Property Law Experience
7-9 10-14 15-24 25-34 35 or More Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas San Francisco CMSA Other West Biotechnology Chemical Computer Hardware
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Pharmaceutical Younger than 35 35-39 40-44
Age
45-49 50-54 55-59 60 or Older
Gender Highest Non-Law Degree Ethnicity
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian Asian/Pacific Islander 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50 51-100 101-150
Employer's 2014 contribution to all of your 401(k)/403(b) retirement and savings plans 10th First 90th Percentile Quartile Percentile Number of Mean Median Third 10% 25% 90% Individuals (Average) (Midpoint) Quartile 75% 112 $12,183 $3,530 $6,000 $10,000 $16,938 $25,000 8 $5,565 ISD $3,625 $5,049 $7,500 ISD 8 $8,835 ISD $2,750 $7,189 $16,188 ISD 18 $9,553 $3,960 $5,342 $8,000 $11,986 $20,500 27 $11,106 $2,119 $6,000 $10,000 $15,000 $23,720 33 $13,054 $4,870 $7,500 $10,000 $17,312 $26,800 11 $18,925 $4,800 $9,000 $12,000 $27,000 $46,234 7 $19,786 ISD $6,500 $21,000 $25,000 ISD 11 $16,158 $3,448 $7,500 $14,600 $23,400 $35,400 10 $14,412 $6,600 $8,063 $12,097 $20,850 $26,640 7 $14,734 ISD $7,000 $12,600 $18,759 ISD 5 $11,420 ISD $8,388 $11,250 $14,538 ISD 5 $8,400 ISD $5,000 $10,000 $11,000 ISD 3 $9,404 ISD ISD $6,000 ISD ISD 4 $14,095 ISD $5,345 $12,189 $24,750 ISD 7 $6,979 ISD $1,500 $7,500 $10,000 ISD 4 $17,308 ISD $6,675 $16,500 $28,750 ISD 27 $13,055 $3,580 $6,000 $10,000 $18,000 $30,234 8 $13,316 ISD $9,250 $10,750 $17,893 ISD 7 $9,804 ISD $4,422 $8,000 $12,624 ISD 12 $7,550 $1,600 $3,625 $5,250 $10,650 $21,301 7 $19,889 ISD $9,000 $15,000 $25,000 ISD 23 $13,728 $5,200 $10,000 $12,000 $18,279 $26,800 4 $5,220 ISD $2,685 $5,250 $7,725 ISD 12 $4,994 $1,150 $2,063 $5,211 $7,125 $10,125 14 $8,342 $2,356 $4,750 $6,000 $13,431 $19,000 19 $14,310 $4,000 $6,000 $10,000 $25,000 $31,171 6 $13,772 ISD $5,550 $11,300 $20,075 ISD 12 $13,395 $4,623 $7,875 $11,300 $19,250 $25,920 8 $7,844 ISD $3,250 $5,500 $9,938 ISD 18 $7,908 $3,180 $4,650 $7,125 $10,625 $14,587 23 $10,348 $1,330 $4,500 $10,000 $15,000 $19,312 19 $12,718 $5,500 $7,800 $10,146 $17,570 $23,400 15 $11,345 $3,538 $6,000 $8,000 $14,220 $27,000 14 $18,748 $5,000 $9,750 $15,750 $25,750 $40,586 13 $15,392 $5,000 $7,300 $12,000 $22,501 $32,800 81 $12,137 $3,680 $6,000 $10,000 $17,527 $25,000 30 $11,878 $2,672 $5,625 $9,500 $15,170 $23,060 60 $13,326 $4,000 $6,000 $10,000 $18,209 $26,800 39 $9,801 $2,580 $5,000 $7,500 $12,600 $20,000 11 $13,103 $2,288 $8,000 $12,624 $18,000 $25,000 100 $12,612 $3,500 $6,000 $10,000 $17,441 $25,000 4 $10,375 ISD $5,750 $9,250 $16,125 ISD 8 $9,341 ISD $6,275 $9,689 $11,500 ISD 17 $8,647 $3,800 $4,211 $7,500 $11,388 $18,623 26 $9,681 $1,675 $3,575 $7,750 $13,218 $23,880 26 $15,587 $6,000 $6,813 $11,125 $20,070 $36,110 13 $16,262 $6,874 $10,000 $14,400 $22,200 $29,503 17 $12,657 $900 $6,250 $9,000 $20,000 $26,000 3 $5,000 ISD ISD $5,000 ISD ISD
AIPLA Report of the Economic Survey 2015 I-65
Corporate IP, Attorney Expected total cash income for 2015 (Q12) Corporate IP, Attorney
All Individuals Fewer than 5 5-6 Years of Intellectual Property Law Experience
7-9 10-14 15-24 25-34 35 or More Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas San Francisco CMSA Other West Biotechnology Chemical Computer Hardware
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Pharmaceutical Younger than 35 35-39 40-44
Age
45-49 50-54 55-59 60 or Older
Gender Highest Non-Law Degree
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian
Ethnicity
Hispanic/Latino Asian/Pacific Islander 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
3-5 6-10 11-25 26-50 51-100 101-150
Number of Individuals 133 15 8 22 31 36 12 9 12 14 8 8 6 4 5 8 4 29 9 9 15 11 25 6 12 16 22 7 14 12 22 26 22 17 15 17 97 35 73 43 15 120 3 4 9 25 30 30 14 18 5
Mean (Average) $266,332 $130,933 $199,925 $217,784 $253,678 $317,062 $248,208 $534,533 $455,904 $281,591 $338,846 $235,733 $201,500 $247,500 $255,380 $219,844 $321,250 $205,034 $245,133 $272,086 $241,453 $263,727 $214,707 $290,350 $211,148 $268,617 $252,141 $231,714 $312,500 $159,583 $197,522 $227,606 $289,176 $319,869 $299,567 $378,282 $278,746 $233,139 $272,492 $246,285 $294,000 $266,330 $183,788 $258,750 $177,600 $202,525 $244,462 $295,252 $395,782 $278,333 $314,000
Expected total cash income for 2015 10th First Median Percentile Quartile (Midpoint) 10% 25% $134,000 $175,886 $231,200 $60,800 $98,000 $115,000 ISD $155,000 $174,750 $156,500 $169,250 $199,138 $161,000 $214,000 $235,000 $197,956 $225,500 $290,000 $59,500 $221,375 $265,000 ISD $247,500 $350,000 $134,000 $217,000 $284,923 $124,138 $223,000 $247,500 ISD $216,144 $260,000 ISD $170,875 $200,683 ISD $130,000 $222,000 ISD $192,500 $262,500 ISD $152,450 $255,000 ISD $165,000 $210,000 ISD $232,500 $332,500 $106,000 $125,000 $186,000 ISD $205,000 $230,000 ISD $217,500 $250,000 $123,200 $155,000 $215,800 $104,400 $170,000 $258,000 $118,000 $146,000 $218,500 ISD $106,250 $207,500 $118,000 $149,193 $212,000 $158,500 $185,341 $252,500 $144,930 $169,500 $235,600 ISD $210,000 $220,000 $167,500 $243,750 $285,000 $60,500 $102,250 $161,500 $109,400 $146,500 $188,000 $140,430 $163,750 $220,000 $158,443 $215,840 $257,500 $173,000 $232,000 $315,000 $219,400 $230,000 $270,000 $105,000 $227,900 $265,000 $140,000 $188,000 $240,000 $123,000 $160,000 $225,000 $134,000 $183,000 $224,000 $119,000 $160,000 $240,000 $151,000 $220,000 $265,000 $130,000 $170,000 $230,000 ISD ISD $201,365 ISD $203,750 $277,500 ISD $123,000 $165,000 $98,200 $142,500 $201,365 $133,000 $202,500 $252,500 $189,829 $214,019 $249,000 $169,000 $211,500 $270,000 $110,300 $202,250 $275,000 ISD $160,000 $400,000
AIPLA Report of the Economic Survey 2015 I-66
Third Quartile 75% $300,000 $145,000 $258,750 $238,400 $285,000 $371,250 $311,250 $475,000 $507,500 $381,250 $326,250 $337,500 $278,750 $287,500 $358,500 $284,500 $398,750 $262,500 $295,000 $351,000 $300,000 $275,000 $282,500 $393,025 $259,750 $330,000 $311,250 $280,000 $397,500 $207,500 $230,300 $268,500 $301,250 $356,000 $365,000 $400,000 $317,500 $275,000 $300,000 $300,000 $352,000 $300,000 ISD $295,000 $212,500 $242,500 $290,000 $313,750 $376,250 $346,250 $425,000
90th Percentile 90% $396,000 $241,600 ISD $357,000 $332,000 $482,500 $353,000 ISD $1,595,000 $460,000 ISD ISD ISD ISD ISD ISD ISD $350,000 ISD ISD $448,000 $596,000 $335,000 ISD $325,000 $443,500 $420,000 ISD $505,000 $277,200 $278,500 $355,000 $455,500 $530,000 $444,000 $800,000 $412,000 $360,000 $390,000 $426,000 $494,000 $399,000 ISD ISD ISD $345,000 $349,500 $509,000 $1,225,000 $477,500 ISD
Corporate IP, Attorney Percent of time devoted to the following types of work, by Income Level (Q13) Corporate IP, Attorney
Gross Income in 2014 All Individuals Less than $126,000 $126,000-$150,999 $151,000-$175,999 $176,000-$200,999 $201,000-$250,999 $251,000-$300,999 $301,000-$350,999 $351,000-$400,999 $401,000-$450,999 $451,000-$500,999
TOTAL Number of Individuals 139 10 9 17 16 29 20 14 7 5 6
IP prosecution work Mean (Average) 33.9% 58.0% 32.8% 42.2% 34.7% 33.4% 34.0% 28.9% 21.4% 28.5% 11.6%
Opinions or counseling prior to litigation or formal ADR Mean (Average) 10.3% 2.0% 21.4% 7.6% 9.5% 11.6% 10.4% 13.4% 6.4% 10.8% 6.5%
IP licensing Mean (Average) 8.7% 3.5% 5.2% 7.6% 9.0% 7.2% 6.3% 13.8% 21.7% 13.0% 3.3%
Non-licensing transactional work Mean (Average) 7.1% 3.0% 5.6% 11.5% 5.0% 9.1% 8.2% 6.2% 5.9% 3.0% 3.3%
IP litigation Mean (Average) 3.5% 1.0% 3.9% 5.1% 2.2% 2.7% 2.3% 1.4% 8.6% 4.0% 5.0%
Inter partes proceedings Mean (Average) 1.4% .0% 1.1% 2.7% 1.6% .3% 1.3% 3.2% 4.3% 1.0% .8%
Other dispute resolution Mean (Average) .6% 1.0% .0% .4% .0% .6% .0% 1.4% .7% 3.0% .0%
Supervision and training of other attorneys or agents within your organization Mean (Average) 5.3% 1.5% 2.2% 1.8% 2.9% 4.9% 4.3% 5.4% 5.0% 12.0% 21.3%
Office management and admin Mean (Average) 5.4% 4.8% 3.7% 3.6% 4.6% 6.4% 7.9% 7.1% 3.0% 3.0% 5.8%
Marketing/ Business Development Mean (Average) .4% .2% .0% .0% .0% .6% .3% .1% .7% 1.0% .0%
Participation in bar association or professional association activities Mean (Average) 1.4% 2.6% 1.2% .3% 1.4% .7% 1.3% .6% .1% 1.0% 9.1%
Non-IP legal Mean (Average) 2.5% 2.7% 2.8% 2.5% 2.3% 3.7% 1.8% 3.9% .1% .0% 3.3%
Managing outside counsel for IP prosecution work Mean (Average) 15.2% 16.0% 11.8% 13.3% 22.5% 14.8% 18.8% 11.4% 9.3% 11.0% 23.1%
Managing outside counsel for IP litigation work Mean (Average) 3.1% 2.0% 3.9% 1.2% 4.1% 3.3% 1.5% 1.4% 10.6% 9.0% 5.0%
Pro bono work Mean (Average) .6% 1.7% .0% .1% .2% .2% .8% 1.6% 2.1% .0% .2%
Other Mean (Average) .6% .0% 4.4% .0% .0% .5% 1.3% .0% .0% .0% 1.7%
Percent of time devoted to the following IP areas, by Income Level (Q15) Corporate IP, Attorney
All Individuals Less than $126,000 $126,000-$150,999 $151,000-$175,999 $176,000-$200,999 $201,000-$250,999 $251,000-$300,999 $301,000-$350,999 $351,000-$400,999 $401,000-$450,999 $451,000-$500,999
Number of Individuals 138 10 9 16 16 29 20 14 7 5 6
Business Law Mean (Average) 3.3% 1.0% 3.3% 4.4% .8% 3.8% 3.9% 3.9% 5.0% 3.0% 2.5%
Copy- rights Mean (Average) 2.3% .5% 3.0% 1.3% 1.4% 1.9% 2.6% 5.1% 6.3% 2.0% .5%
Foreign IP Law Mean (Average) 7.9% 14.5% 3.3% 7.6% 8.0% 8.4% 5.0% 7.3% 7.1% 12.0% 14.2%
General IP Mean (Average) 10.7% 17.5% 8.9% 6.6% 6.6% 10.6% 11.2% 11.8% 14.3% 3.0% 20.8%
Patents Mean (Average) 64.5% 58.0% 63.2% 70.9% 75.6% 63.2% 67.0% 54.4% 62.1% 59.0% 54.2%
AIPLA Report of the Economic Survey 2015 I-67
Trade Secrets Mean (Average) 4.7% 2.0% 6.2% 5.1% 4.4% 5.6% 3.0% 5.4% 1.7% 7.0% 6.7%
Trademarks Mean (Average) 4.6% 5.0% 8.7% 3.0% .9% 4.6% 4.3% 8.9% 3.4% 14.0% 1.2%
Other areas Mean (Average) .6% .0% 1.1% .0% 1.8% .9% 1.0% .0% .0% .0% .0%
Corporate IP, Attorney New priority US and PCT Patent application prepared and filed by you in 2014 (Q17) Corporate IP, Attorney New priority US and PCT Patent application prepared and filed by you in 2014 (Q17) First Third Number of Mean Median Quartile Quartile Individuals (Average) (Midpoint) 25% 75% 83 24.1 4.0 8.0 17.0 8 58.9 4.3 10.0 25.0 6 6.5 2.0 3.5 9.0 5 25.2 12.5 17.0 42.0 5 99.8 2.0 45.0 225.0 3 13.0 ISD 6.0 ISD 3 7.7 ISD 8.0 ISD 7 13.7 3.0 6.0 10.0 3 6.0 ISD 5.0 ISD 21 16.2 4.0 7.0 19.0 4 21.0 4.8 13.0 45.3 5 7.0 2.0 6.0 12.5 11 19.9 5.0 12.0 35.0 7 16.6 6.0 10.0 35.0 18 7.6 4.0 5.0 10.0 3 17.3 ISD 20.0 ISD 8 26.6 2.5 7.5 37.5 8 27.0 7.5 19.5 46.3 17 35.2 3.0 7.0 18.5 6 15.7 4.8 5.0 23.8 8 8.0 3.8 9.0 10.0 8 19.0 3.3 5.5 42.8 15 18.7 3.0 6.0 20.0 20 53.0 5.0 8.0 38.8 17 15.4 3.5 10.0 18.0 9 5.8 2.5 5.0 10.0 10 17.5 5.0 9.0 24.0 3 3.7 ISD 3.0 ISD
All Individuals Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas San Francisco CMSA Other West Biotechnology Chemical Computer Hardware
IP Technical Specialization (>=50%)
Computer Software Electrical Mechanical Medical/ Health Care Pharmaceutical
Full-time Intellectual Property lawyers and agents in the firm or corporation
1-2 3-5 6-10 11-25 26-50 51-100 101-150
Direct and indirect reports (Q18) Corporate IP, Attorney
All Individuals
Count None
How many IP lawyers and patent agents report to you, directly or indirectly?
1-5 6-10 11-15 16 or more
Total 142 64.4% 29.5% 3.8% 1.5% .8%
AIPLA Report of the Economic Survey 2015 I-68
Private Firm, Patent Agent
Background Information Private Firm, Agent Total All Individuals Admitted to the Patent Bar Age Gender
Count Yes
32 96.9%
No
3.1%
Mean (Average) Years Male Female White/Caucasian
Ethnicity
Black/African American Hispanic/Latino Asian/Pacific Islander
IP attorney experience Highest Education other than Law
Mean (Average) Years Bachelor's Degree Master's Degree Doctorate Degree
44.3 74.2% 25.8% 68.8% 6.3% 6.3% 18.8% 15.9 19.4% 32.3% 48.4%
AIPLA Report of the Economic Survey 2015 I-69
Private Firm, Patent Agent Total Gross Income for 2014 from your primary practice (Q10) Private Firm, Agent
All Individuals Years of Intellectual L Location IP Technical Specialization (>=50%)
Fewer than 5 Washington, DC CMSA Other West Biotechnology Chemical Electrical Younger than 35 35-39
Age
40-44 45-49 50-54 60 or Older
Gender Highest Non-Law Degree Ethnicity
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian Asian/Pacific Islander 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
11-25 26-50 51-100 101-150 More than 150
Number of Individuals 30 3 14 7 6 7 5 6 8 3 4 4 5 22 7 6 9 15 21 5 3 4 4 6 3 3
Total gross income in calendar year 2014 from primary practice 10th First Third Mean Median Percentile Quartile Quartile (Average) (Midpoint) 10% 25% 75% $147,978 $76,400 $92,170 $124,000 $160,000 $131,333 ISD ISD $145,000 ISD $119,524 $50,000 $91,420 $119,150 $148,750 $179,643 ISD $112,500 $125,000 $170,000 $148,634 ISD $123,750 $135,000 $179,201 $165,000 ISD $75,500 $112,500 $300,000 $136,445 ISD $101,114 $135,000 $172,500 $118,667 ISD $89,000 $117,500 $148,750 $111,466 ISD $89,807 $115,000 $132,500 $224,000 ISD ISD $170,000 ISD $172,951 ISD $133,750 $180,000 $205,102 $119,375 ISD $91,875 $118,750 $147,500 $198,860 ISD $48,000 $118,300 $390,000 $158,774 $83,600 $108,000 $124,000 $160,000 $132,329 ISD $85,000 $145,000 $170,000 $198,684 ISD $114,225 $142,500 $275,102 $109,359 ISD $82,500 $112,000 $150,000 $150,867 $75,800 $92,000 $123,000 $170,000 $158,481 $76,800 $97,000 $120,000 $165,000 $132,000 ISD $77,500 $145,000 $180,000 $318,667 ISD ISD $400,000 ISD $175,201 ISD $94,500 $154,401 $276,701 $94,375 ISD $33,875 $93,750 $155,500 $122,300 ISD $104,375 $120,650 $147,500 $140,000 ISD ISD $135,000 ISD $131,667 ISD ISD $125,000 ISD
AIPLA Report of the Economic Survey 2015 I-70
90th Percentile 90% $290,680 ISD $183,401 ISD ISD ISD ISD ISD ISD ISD ISD ISD ISD $370,000 ISD ISD ISD $340,000 $380,000 ISD ISD ISD ISD ISD ISD ISD
Private Firm, Patent Agent Expected total cash income for 2015 (Q12) Private Firm, Agent
All Individuals Years of Intellectual Location IP Technical Specialization (>=50%)
Fewer than 5 Washington, DC CMSA Other West Biotechnology Chemical Electrical Younger than 35 35-39
Age
45-49 50-54 60 or Older
Gender Highest Non-Law Degree Ethnicity
Male Female Bachelor's Degree Master's Degree Doctorate Degree White/Caucasian Asian/Pacific Islander 1-2
Full-time Intellectual Property lawyers and agents in the firm or corporation
11-25 51-100 101-150 More than 150
Number of Individuals 28 3 13 6 5 6 5 6 8 4 4 4 22 6 6 8 14 20 4 3 4 6 3 3
Mean (Average) $151,393 $136,667 $137,177 $159,033 $149,400 $186,250 $141,000 $126,867 $119,438 $171,250 $122,750 $211,075 $157,750 $128,083 $180,050 $133,125 $149,550 $155,700 $158,750 $275,333 $168,750 $126,250 $145,000 $136,667
Expected total cash income for 2015 10th First Median Percentile Quartile (Midpoint) 10% 25% $78,250 $104,000 $130,000 ISD ISD $145,000 $92,000 $114,150 $130,000 ISD $106,500 $132,600 ISD $127,500 $137,000 ISD $74,625 $138,000 ISD $115,000 $145,000 ISD $83,250 $136,600 ISD $98,750 $122,500 ISD $137,500 $172,500 ISD $94,000 $125,500 ISD $86,575 $209,150 $80,200 $116,225 $130,000 ISD $83,375 $120,000 ISD $114,225 $150,000 ISD $97,500 $145,000 $69,500 $90,875 $126,600 $76,250 $93,000 $126,600 ISD $145,000 $152,500 ISD ISD $350,000 ISD $72,750 $156,000 ISD $111,225 $124,600 ISD ISD $145,000 ISD ISD $130,000
Third Quartile 75% $163,750 ISD $162,500 $203,750 $177,500 $325,000 $165,000 $166,250 $143,000 $203,750 $148,750 $337,500 $166,250 $168,750 $245,000 $158,750 $155,000 $168,750 $178,750 ISD $277,500 $147,500 ISD ISD
90th Percentile 90% $305,000 ISD $194,000 ISD ISD ISD ISD ISD ISD ISD ISD ISD $335,000 ISD ISD ISD $350,000 $345,000 ISD ISD ISD ISD ISD ISD
New priority US and PCT Patent application prepared and filed by you in 2014 (Q17) Private Firm, Agent
All Individuals Location IP Technical Specialization (>=50%)
Washington, DC CMSA Other West Biotechnology Chemical Electrical 11-25
Full-time Intellectual Property lawyers and agents in the firm or corporation
26-50 51-100 101-150 More than 150
New priority US and PCT Patent application prepared and filed by you in 2014 (Q17) First Third Number of Mean Median Quartile Quartile Individuals (Average) (Midpoint) 25% 75% 23 47.3 5.0 9.0 18.0 10 17.7 4.3 7.0 16.3 5 10.4 6.0 10.0 15.0 4 10.5 5.5 8.5 17.5 6 20.5 7.0 9.0 32.3 4 192.5 7.5 32.5 537.5 4 10.8 5.3 9.5 17.5 3 8.3 ISD 8.0 ISD 5 17.8 4.5 12.0 34.0 3 40.0 ISD 15.0 ISD 3 7.3 ISD 5.0 ISD
AIPLA Report of the Economic Survey 2015 I-71
Private Firm, Patent Agent Average hourly billing rate in 2014 (Q29) Private Firm, Agent
All Individuals Location IP Technical Specialization (>=50%)
Washington, DC CMSA Other West Biotechnology Chemical Electrical Younger than 35
Age
35-39 45-49 60 or Older
Gender
Male Female Bachelor's Degree
Highest Non-Law Degree
Master's Degree Doctorate Degree
Ethnicity Full-time Intellectual Property lawyers and agents in the firm or corporation
White/Caucasian Asian/Pacific Islander 1-2 11-25 51-100 101-150
Number of Individuals 20 11 3 4 4 4 4 6 3 4 16 3 3 7 10 13 4 3 3 4 3
Mean (Average) $307 $305 $402 $338 $308 $286 $270 $289 $323 $410 $307 $295 $435 $290 $281 $310 $293 $422 $298 $248 $285
Average hourly billing rate in 2014 10th First Median Percentile Quartile (Midpoint) 10% 25% $203 $239 $285 $238 $260 $300 ISD ISD $230 ISD $306 $340 ISD $248 $328 ISD $260 $268 ISD $231 $255 ISD $258 $268 ISD ISD $300 ISD $235 $345 $194 $231 $285 ISD ISD $260 ISD ISD $375 ISD $260 $275 $203 $229 $285 $188 $228 $275 ISD $260 $280 ISD ISD $315 ISD ISD $340 ISD $226 $245 ISD ISD $295
AIPLA Report of the Economic Survey 2015 I-72
Third Quartile 75% $340 $350 ISD $366 $348 $331 $324 $343 ISD $650 $340 ISD ISD $350 $340 $340 $338 ISD ISD $271 ISD
90th Percentile 90% $373 $370 ISD ISD ISD ISD ISD ISD ISD ISD $470 ISD ISD ISD $340 $600 ISD ISD ISD ISD ISD
Private Firm, Patent Agent Percent of services in 2014 that were billed (or will be billed) by type of basis (Q27) Private Firm, Agent
All Individuals Location IP Technical Specialization (>=50%)
Washington, DC CMSA Other West Biotechnology Chemical Electrical Younger than 35
Age
35-39 45-49 60 or Older
Gender
Male Female Bachelor's Degree
Highest Non-Law Degree
Master's Degree Doctorate Degree
Ethnicity Full-time Intellectual Property lawyers and agents in the firm or corporation
White/Caucasian Asian/Pacific Islander 1-2 11-25 51-100 101-150
Number of Individuals 20 11 3 4 4 4 4 6 3 4 16 3 3 7 10 13 4 3 3 4 3
Hourly Billing Mean (Average) 71.7% 78.2% 96.0% 92.5% 52.0% 60.0% 92.5% 73.3% 83.3% 52.5% 67.1% 100.0% 71.7% 65.7% 75.8% 73.3% 70.0% 66.7% 38.3% 92.0% 63.3%
AIPLA Report of the Economic Survey 2015 I-73
Predetermined Fee Mean (Average) 17.9% 11.8% 4.0% 7.5% 23.0% 15.0% 7.5% 10.0% 13.3% 22.5% 19.8% .0% 28.3% 18.6% 14.2% 19.0% 27.5% 33.3% 28.3% 8.0% 33.3%
Contingent Fee Mean (Average) 10.5% 10.0% .0% .0% 25.0% 25.0% .0% 16.7% 3.3% 25.0% 13.1% .0% .0% 15.7% 10.0% 7.7% 2.5% .0% 33.3% .0% 3.3%
Other Basis Mean (Average) .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0%
Corporate IP, Patent Agent
Background Information Corporate IP, Agent Total All Individuals
Count
15 100.0% 46.5 60.0% 40.0% 93.3% 6.7% 9.2 13.3% 13.3% 73.3%
Admitted to the Patent Bar Age
Mean (Average) Years Male
Gender
Female White/Caucasian
Ethnicity
Asian/Pacific Islander
IP attorney experience
Mean (Average) Years Bachelor's Degree
Highest Education other than Law
Master's Degree Doctorate Degree
Total Gross Income for 2014 from your primary practice (Q10) Corporate IP, Agent
Number of Individuals 15 3 4 4 3 3 5 3 9 6 11 14 6 3
All Individuals Location
Other West Biotechnology
IP Technical Specialization (>=50%)
Chemical Pharmaceutical 35-39
Age
45-49 55-59 Male
Gender
Female
Highest Non-Law Degree
Doctorate Degree
Ethnicity
White/Caucasian
Full-time Intellectual Property lawyers and agents in the firm or corporation
1-2 26-50
Total gross income in calendar year 2014 from primary practice 10th First Third Percentile Quartile Quartile Mean Median 10% 25% 75% (Average) (Midpoint) $175,281 $92,439 $130,757 $162,000 $200,000 $145,560 ISD ISD $138,000 ISD $149,042 ISD $107,038 $140,379 $199,710 $200,617 ISD $133,850 $172,000 $296,000 $221,667 ISD ISD $200,000 ISD $147,377 ISD ISD $161,000 ISD $164,136 ISD $127,612 $165,000 $200,229 $278,000 ISD ISD $300,000 ISD $194,175 ISD $150,000 $182,000 $250,000 $146,939 ISD $118,133 $140,379 $174,820 $191,939 $90,813 $161,000 $182,000 $216,280 $176,015 $90,766 $129,184 $161,500 $204,070 $141,802 ISD $94,949 $144,000 $177,820 $181,000 ISD ISD $182,000 ISD
90th Percentile 90% $313,600 ISD ISD ISD ISD ISD ISD ISD ISD ISD $327,200 $317,000 ISD ISD
Total Gross Income for 2014 by Number of Subordinates (Q10b) Corporate IP, Agent
All Individuals How many IP lawyers and patent agents report to you, directly or indirectly?
None 1-5
Number of Individuals 15 9 4
Total gross income in calendar year 2014 from primary practice 10th First Third Percentile Quartile Quartile Mean Median 10% 25% 75% (Average) (Midpoint) $175,281 $92,439 $130,757 $162,000 $200,000 $147,767 ISD $127,612 $150,000 $163,500 $166,328
ISD
$119,849
AIPLA Report of the Economic Survey 2015 I-74
$183,089
$196,045
90th Percentile 90% $313,600 ISD ISD
Corporate IP, Patent Agent Employer's 2014 contribution to all of your 401(k)/403(b) retirement and savings plans (Q11) Corporate IP, Agent
All Individuals Biotechnology IP Technical Specialization (>=50%)
Chemical Pharmaceutical 35-39
Age
45-49 55-59 Male
Gender
Female
Highest Non-Law Degree
Doctorate Degree
Ethnicity
White/Caucasian
Full-time Intellectual Property lawyers and agents in the firm or corporation
1-2 26-50
Employer's 2014 contribution to all of your 401(k)/403(b) retirement and savings plans 10th First Third 90th Number of Mean Median Percentile Quartile Quartile Percentile Individuals (Average) (Midpoint) 10% 25% 75% 90% 14 $9,464 $2,987 $5,750 $7,800 $12,000 $20,894 3 $11,991 ISD ISD $5,000 ISD ISD 4 $9,563 ISD $7,038 $9,650 $12,000 ISD 3 $5,767 ISD ISD $6,000 ISD ISD 3 $8,325 ISD ISD $10,000 ISD ISD 4 $14,197 ISD $5,250 $12,894 $24,447 ISD 3 $7,200 ISD ISD $7,300 ISD ISD 9 $8,281 ISD $6,475 $7,300 $10,944 ISD 5 $11,595 ISD $3,987 $10,000 $20,000 ISD 10 $8,923 $3,300 $6,713 $9,094 $12,000 $13,608 13 $9,961 $3,784 $6,475 $8,300 $12,000 $22,315 5 $5,632 ISD $2,987 $5,000 $8,594 ISD 3 $10,100 ISD ISD $10,000 ISD ISD
Expected total cash income for 2015 (Q12) Corporate IP, Agent
All Individuals Location IP Technical Specialization (>=50%) Age Gender
Other West Biotechnology Chemical Pharmaceutical 45-49 55-59 Male Female
Highest Non-Law Degree
Doctorate Degree
Ethnicity Full-time Intellectual l d
White/Caucasian 1-2
Number of Individuals 14 3 4 4 3 5 3 9 5 10 13 6
Mean (Average) $177,415 $167,268 $159,951 $186,750 $221,667 $170,561 $256,333 $190,667 $153,561 $195,180 $178,369 $154,467
Expected total cash income for 2015 10th First Percentile Quartile Median 10% 25% (Midpoint) $105,000 $129,500 $165,000 ISD ISD $142,000 ISD $107,500 $145,000 ISD $137,250 $175,000 ISD ISD $200,000 ISD $129,000 $165,000 ISD ISD $269,000 ISD $153,500 $180,000 ISD $114,000 $130,000 $111,800 $155,750 $182,500 $104,000 $129,000 $165,000 ISD $107,500 $151,000
Direct and indirect reports (Q18) Corporate IP, Agent Total All Individuals How many IP lawyers and patent agents report to you, directly or indirectly?
Count None
15 64.3%
1-5
28.6%
6-10
7.1%
AIPLA Report of the Economic Survey 2015 I-75
Third Quartile 75% $212,451 ISD $227,352 $248,000 ISD $214,902 ISD $234,500 $204,902 $254,602 $224,902 $186,201
90th Percentile 90% $284,500 ISD ISD ISD ISD ISD ISD ISD ISD $296,900 $287,600 ISD
Typical Charges: Trademarks by Location Trademark Clearance Search, Analysis, and Opinion by Location (Q31a) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Other East
Metro Southeast
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
Texas
L.A. CMSA
S.F. CMSA
Other West
283
11
26
7
25
14
13
19
22
7
65
19
8
8
39
$1,486
$1,224
$1,127
$1,729
$1,047
$1,845
$1,100
$1,572
$2,007
$2,021
$1,423
$1,924
$2,025
$1,125
$1,464
10th Percentile 10%
$400
$238
$500
ISD
$396
$388
$350
$250
$400
ISD
$350
$500
ISD
ISD
$600
First Quartile 25%
$500
$450
$800
$900
$500
$500
$500
$350
$675
$300
$500
$750
$550
$525
$800
Median (Midpoint)
$1,000
$750
$1,050
$1,500
$1,000
$1,075
$600
$500
$1,125
$500
$900
$1,500
$900
$950
$1,200
Third Quartile 75%
$1,500
$1,500
$1,301
$2,000
$1,500
$2,500
$1,600
$1,500
$2,000
$1,500
$1,500
$2,500
$1,425
$1,575
$1,800
90th Percentile 90%
$2,500
$4,400
$1,685
ISD
$1,660
$6,250
$3,100
$2,000
$7,900
ISD
$2,500
$4,200
ISD
ISD
$2,200
Mean (Average)
Trademark Registration Application (Preparation and Filing) by Location (Q31b) Location
Total Number of Respondents Mean (Average)
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Other East
Metro Southeast
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
Texas
L.A. CMSA
S.F. CMSA
Other West
317
15
25
6
29
15
16
21
21
7
74
19
10
12
47
$1,211
$1,653
$976
$728
$810
$2,152
$758
$1,444
$889
$1,254
$1,184
$847
$1,754
$1,188
$1,472
10th Percentile 10%
$400
$460
$560
ISD
$450
$300
$176
$370
$520
ISD
$400
$300
$515
$330
$393
First Quartile 25%
$550
$550
$650
$475
$500
$550
$525
$725
$625
$500
$500
$500
$658
$444
$500
Median (Midpoint)
$750
$1,000
$750
$748
$725
$750
$775
$1,000
$800
$700
$744
$750
$863
$863
$700
Third Quartile 75%
$1,000
$1,500
$950
$981
$925
$1,100
$1,000
$1,200
$1,000
$1,000
$906
$1,250
$1,050
$1,400
$950
90th Percentile 90%
$1,500
$5,800
$1,476
ISD
$1,500
$9,320
$1,200
$2,300
$1,450
ISD
$1,500
$1,500
$9,120
$3,950
$2,100
Trademark Prosecution (Total, including amendments and interviews but not appeals) by Location (Q31c) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Other East
Metro Southeast
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
Texas
L.A. CMSA
S.F. CMSA
Other West
255
14
22
5
26
12
9
17
18
5
52
17
8
10
40
$1,719
$3,329
$1,088
$1,750
$1,168
$1,110
$1,379
$1,169
$2,530
$2,440
$1,726
$1,949
$1,319
$1,790
$1,848
10th Percentile 10%
$330
$205
$295
ISD
$285
$290
ISD
$230
$485
ISD
$360
$320
ISD
$410
$305
First Quartile 25%
$600
$900
$600
$875
$463
$531
$600
$275
$900
$600
$600
$500
$663
$875
$600
Median (Midpoint)
$1,000
$1,500
$1,000
$2,000
$1,100
$775
$900
$500
$1,400
$1,000
$1,000
$1,500
$1,250
$2,000
$1,100
Third Quartile 75%
$2,000
$4,625
$1,575
$2,500
$2,000
$1,500
$2,008
$2,000
$2,675
$5,000
$1,875
$2,750
$1,875
$2,125
$1,725
90th Percentile 90%
$3,000
$12,500
$2,000
ISD
$2,168
$2,410
ISD
$3,400
$6,000
ISD
$2,850
$5,600
ISD
$3,850
$3,900
Mean (Average)
AIPLA Report of the Economic Survey 2015 I-76
Typical Charges: Trademarks by Location Trademark Statement of Use (Preparation and Filing) by Location (Q31d) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
270
14
22
5
24
14
11
18
21
4
66
19
8
8
36
Mean (Average)
$546
$788
$470
$450
$444
$563
$478
$321
$584
$288
$648
$468
$483
$458
$604
10th Percentile 10%
$200
$230
$200
ISD
$215
$150
$200
$98
$150
ISD
$150
$150
ISD
ISD
$200
First Quartile 25%
$250
$338
$250
$350
$263
$200
$250
$225
$298
ISD
$250
$250
$300
$325
$250
Median (Midpoint)
$398
$438
$410
$500
$475
$375
$395
$300
$500
$300
$350
$500
$425
$420
$350
Third Quartile 75%
$500
$613
$606
$525
$575
$738
$750
$500
$630
ISD
$500
$500
$690
$619
$500
90th Percentile 90%
$800
$3,000
$785
ISD
$750
$1,525
$1,000
$500
$1,120
ISD
$780
$1,000
ISD
ISD
$1,200
Trademark Appeal to the Board (Briefed and Argued) by Location (Q31e) Location
Total Number of Respondents Mean (Average) 10th Percentile 10%
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
113
5
14
5
11
4
3
6
8
2
22
9
5
6
13
$3,980
$3,342
$3,759
$4,600
$4,032
$4,125
$4,400
$1,288
$5,481
ISD
$3,164
$8,875
$3,300
$3,400
$3,273
$385
ISD
$398
ISD
$1,100
ISD
ISD
ISD
ISD
ISD
$1,500
ISD
ISD
ISD
$810
First Quartile 25%
$1,650
$855
$784
$2,750
$2,400
ISD
ISD
$288
$2,000
ISD
$2,000
$2,500
$2,500
$1,225
$2,000
Median (Midpoint)
$3,000
$5,000
$2,500
$5,000
$3,000
$2,750
$2,500
$340
$4,250
ISD
$3,000
$5,500
$2,500
$2,250
$3,500
Third Quartile 75%
$5,000
$5,000
$5,125
$6,250
$6,000
ISD
ISD
$2,375
$5,000
ISD
$4,100
$14,000
$4,500
$5,500
$4,750
90th Percentile 90%
$7,800
ISD
$12,500
ISD
$9,600
ISD
ISD
ISD
ISD
ISD
$5,850
ISD
ISD
ISD
$5,300
Minne.St. Paul PMSA
Other Central
Trademark Section 8 and 15 Declaration (Preparation and Filing) by Location (Q31f) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Other East
Metro Southeast
Other Southeast
Chicago CMSA
Texas
L.A. CMSA
S.F. CMSA
Other West
256
13
21
6
23
13
9
16
21
5
61
18
8
8
34
Mean (Average)
$626
$489
$550
$579
$558
$497
$517
$410
$838
$500
$654
$622
$514
$803
$783
10th Percentile 10%
$221
$174
$250
ISD
$228
$170
ISD
$170
$320
ISD
$230
$150
ISD
ISD
$200
First Quartile 25%
$300
$325
$400
$425
$400
$263
$275
$256
$500
$275
$300
$300
$338
$325
$338
Median (Midpoint)
$500
$500
$500
$500
$550
$480
$460
$300
$600
$450
$450
$500
$500
$438
$418
Third Quartile 75%
$700
$650
$700
$856
$750
$625
$750
$500
$800
$750
$675
$800
$690
$788
$525
$1,000
$900
$1,072
ISD
$880
$1,030
ISD
$1,000
$2,300
ISD
$830
$1,500
ISD
ISD
$1,250
90th Percentile 90%
AIPLA Report of the Economic Survey 2015 I-77
Typical Charges: Trademarks by Location Trademark Renewal Application (Preparation and Filing) by Location (Q31g) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
241
12
21
6
22
12
9
15
21
5
58
17
6
7
30
Mean (Average)
$672
$558
$647
$603
$570
$565
$512
$494
$759
$510
$767
$624
$577
$675
$835
10th Percentile 10%
$250
$180
$300
ISD
$240
$283
ISD
$250
$500
ISD
$248
$200
ISD
ISD
$328
First Quartile 25%
$400
$388
$400
$475
$319
$325
$300
$300
$500
$300
$300
$300
$450
$400
$400
Median (Midpoint)
$500
$600
$500
$548
$575
$500
$550
$500
$630
$450
$490
$500
$580
$675
$500
Third Quartile 75%
$700
$688
$850
$756
$763
$688
$700
$600
$750
$750
$705
$875
$725
$800
$700
$1,000
$925
$1,092
ISD
$928
$1,035
ISD
$1,000
$1,160
ISD
$865
$1,300
ISD
ISD
$1,433
90th Percentile 90%
Filing of Foreign Origin Trademark Registration Application Received Ready for Filing by Location (Q31h) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
153
9
18
3
17
6
9
7
13
2
35
7
5
6
16
Mean (Average)
$769
$1,029
$718
$717
$568
$1,000
$819
$836
$667
ISD
$889
$782
$735
$675
$653
10th Percentile 10%
$350
ISD
$335
ISD
$290
ISD
ISD
ISD
$488
ISD
$360
ISD
ISD
ISD
$385
First Quartile 25%
$500
$375
$533
ISD
$375
$388
$525
$250
$525
ISD
$450
$400
$475
$350
$500
Median (Midpoint)
$600
$500
$688
$700
$600
$675
$800
$500
$630
ISD
$600
$800
$800
$625
$500
Third Quartile 75%
$775
$875
$781
ISD
$775
$1,500
$1,013
$2,000
$775
ISD
$750
$1,000
$963
$1,050
$738
$1,000
ISD
$1,089
ISD
$820
ISD
ISD
ISD
$920
ISD
$1,320
ISD
ISD
ISD
$1,143
90th Percentile 90%
Filing for an international trademark by Location (Q31i) Location
Total Number of Respondents Mean (Average)
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
146
9
15
4
12
6
7
6
12
1
32
8
6
7
21
$1,281
$651
$1,219
$861
$1,158
$808
$1,286
$1,250
$944
ISD
$916
$2,469
$750
$1,207
$2,362
10th Percentile 10%
$350
ISD
$420
ISD
$425
ISD
ISD
ISD
$516
ISD
$330
ISD
ISD
ISD
$400
First Quartile 25%
$500
$425
$675
ISD
$644
$500
$600
$275
$650
ISD
$414
$313
$288
$500
$500
Median (Midpoint)
$800
$500
$1,000
$875
$925
$800
$900
$1,250
$1,000
ISD
$600
$1,150
$775
$950
$850
Third Quartile 75%
$1,425
$1,000
$1,600
ISD
$1,425
$1,063
$2,400
$2,125
$1,000
ISD
$1,075
$2,375
$1,100
$2,000
$2,250
90th Percentile 90%
$2,430
ISD
$2,400
ISD
$2,500
ISD
ISD
ISD
$1,500
ISD
$1,500
ISD
ISD
ISD
$9,700
AIPLA Report of the Economic Survey 2015 I-78
Typical Charges: Trademarks by Location Preparing for a UDRP Petition by Location (Q31j) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Minne.St. Paul PMSA
Chicago CMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
91
5
9
2
8
5
6
7
6
2
18
8
4
5
6
Mean (Average)
$3,882
$4,100
$3,722
ISD
$5,150
$3,400
$3,250
$4,471
$4,750
ISD
$2,322
$5,325
$3,375
$5,980
$3,333
10th Percentile 10%
$1,000
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
$300
ISD
ISD
ISD
ISD
First Quartile 25%
$1,500
$1,750
$1,500
ISD
$1,875
$1,750
$1,875
$1,500
$1,500
ISD
$1,150
$1,375
ISD
$450
$2,500
Median (Midpoint)
$3,000
$3,500
$3,000
ISD
$3,250
$2,500
$2,750
$5,000
$5,000
ISD
$2,250
$2,900
$3,500
$4,000
$2,500
Third Quartile 75%
$5,000
$6,750
$6,500
ISD
$8,000
$5,500
$4,875
$7,000
$7,625
ISD
$3,500
$9,375
ISD
$12,500
$5,000
90th Percentile 90%
$8,000
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
$4,550
ISD
ISD
ISD
ISD
Minne.St. Paul PMSA
Other Central
Responding to a UDRP Petition by Location (Q31k) Location
Total Number of Respondents Mean (Average) 10th Percentile 10%
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Chicago CMSA
L.A. CMSA
Texas
S.F. CMSA
Other West
68
3
7
1
7
3
3
6
5
1
14
6
4
3
5
$3,295
$4,000
$2,714
ISD
$4,243
$3,750
$2,333
$3,050
$3,500
ISD
$2,650
$5,217
$3,000
$1,633
$3,100
$500
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
$300
ISD
ISD
ISD
ISD
First Quartile 25%
$1,500
ISD
$1,000
ISD
$1,500
ISD
ISD
$1,200
$1,250
ISD
$1,000
$1,600
ISD
ISD
$2,000
Median (Midpoint)
$2,750
$1,500
$3,000
ISD
$2,000
$3,500
$1,500
$3,250
$3,500
ISD
$2,250
$4,500
$2,750
$500
$2,500
Third Quartile 75%
$5,000
ISD
$3,500
ISD
$5,000
ISD
ISD
$5,000
$5,750
ISD
$4,625
$8,625
ISD
ISD
$4,500
90th Percentile 90%
$6,150
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
$5,000
ISD
ISD
ISD
ISD
AIPLA Report of the Economic Survey 2015 I-79
Typical Charges: Trademarks by Type of Practice Trademark Clearance Search, Analysis, and Opinion by Type of Practice (Q31a)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
283
81
72
65
19
43
$1,486
$1,490
$1,367
$1,504
$1,994
$1,468
10th Percentile 10%
$400
$350
$350
$500
$500
$320
First Quartile 25%
$500
$475
$600
$750
$900
$500
Mean (Average)
Median (Midpoint)
$1,000
$800
$1,000
$1,200
$1,500
$1,000
Third Quartile 75%
$1,500
$1,500
$1,488
$1,800
$2,500
$2,000
90th Percentile 90%
$2,500
$2,183
$2,335
$2,500
$3,000
$2,500
Trademark Registration Application (Preparation and Filing) by Type of Practice (Q31b)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
317
97
85
72
19
41
$1,211
$1,288
$1,183
$956
$1,386
$1,494
10th Percentile 10%
$400
$400
$500
$365
$575
$300
First Quartile 25%
$550
$500
$600
$506
$750
$500
Median (Midpoint)
$750
$750
$750
$700
$800
$900
Third Quartile 75%
$1,000
$1,000
$1,000
$869
$1,100
$1,500
90th Percentile 90%
$1,500
$1,578
$1,220
$1,410
$2,000
$2,900
Mean (Average)
Trademark Prosecution (Total, including amendments and interviews but not appeals) by Type of Practice (Q31c)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
255
80
66
55
14
36
$1,719
$1,902
$1,491
$1,733
$1,692
$1,853
10th Percentile 10%
$330
$255
$333
$500
$868
$235
First Quartile 25%
$600
$500
$600
$600
$1,188
$425
Median (Midpoint)
$1,000
$1,008
$1,000
$1,250
$1,750
$1,000
Third Quartile 75%
$2,000
$2,000
$1,500
$2,000
$2,125
$2,000
90th Percentile 90%
$3,000
$4,000
$2,500
$3,000
$2,500
$3,300
Mean (Average)
AIPLA Report of the Economic Survey 2015 I-80
Typical Charges: Trademarks by Type of Practice Trademark Statement of Use (Preparation and Filing) by Type of Practice (Q31d) 1-3 Attorneys
Total Number of Respondents
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
270
86
75
58
15
33
Mean (Average)
$546
$531
$537
$551
$564
$618
10th Percentile 10%
$200
$150
$150
$200
$180
$220
First Quartile 25%
$250
$250
$300
$295
$420
$288
Median (Midpoint)
$398
$350
$350
$400
$600
$450
Third Quartile 75%
$500
$500
$500
$500
$800
$613
90th Percentile 90%
$800
$1,015
$720
$608
$910
$1,000
Trademark Appeal to the Board (Briefed and Argued) by Type of Practice (Q31e)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
113
29
26
29
7
21
$3,980
$4,438
$3,661
$4,999
$3,748
$2,566
$385
$300
$340
$1,500
ISD
$310
First Quartile 25%
$1,650
$1,750
$2,000
$2,350
$1,500
$773
Median (Midpoint)
$3,000
$3,500
$3,250
$3,000
$3,000
$2,000
Third Quartile 75%
$5,000
$5,250
$5,000
$5,000
$5,000
$5,000
90th Percentile 90%
$7,800
$9,200
$7,200
$10,000
ISD
$5,400
Mean (Average) 10th Percentile 10%
Trademark Section 8 and 15 Declaration (Preparation and Filing) by Type of Practice (Q31f)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
256
85
72
52
14
30
Mean (Average)
$626
$604
$524
$662
$824
$802
10th Percentile 10%
$221
$200
$200
$300
$200
$278
First Quartile 25%
$300
$300
$300
$406
$500
$388
Median (Midpoint)
$500
$450
$450
$500
$725
$500
Third Quartile 75%
$700
$675
$650
$600
$900
$831
$1,000
$1,000
$835
$785
$2,000
$1,900
90th Percentile 90%
AIPLA Report of the Economic Survey 2015 I-81
Typical Charges: Trademarks by Type of Practice Trademark Renewal Application (Preparation and Filing) by Type of Practice (Q31g)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
241
77
68
52
13
28
Mean (Average)
$672
$624
$621
$726
$716
$837
10th Percentile 10%
$250
$233
$300
$333
$210
$250
First Quartile 25%
$400
$300
$400
$450
$550
$363
Median (Midpoint)
$500
$500
$500
$500
$800
$500
Third Quartile 75%
$700
$725
$694
$700
$925
$725
$1,000
$1,000
$1,000
$940
$984
$1,400
90th Percentile 90%
Filing of Foreign Origin Trademark Registration Application Received Ready for Filing by Type of Practice (Q31h)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
153
41
47
38
10
16
Mean (Average)
$769
$837
$817
$680
$748
$694
10th Percentile 10%
$350
$360
$430
$340
$408
$200
First Quartile 25%
$500
$490
$500
$475
$495
$325
Median (Midpoint)
$600
$600
$625
$563
$738
$725
Third Quartile 75% 90th Percentile 90%
$775
$800
$800
$700
$888
$1,000
$1,000
$1,812
$1,040
$903
$1,450
$1,320
Filing for an international trademark by Type of Practice (Q31i)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
146
40
40
33
11
21
$1,281
$1,755
$963
$835
$1,332
$1,678
10th Percentile 10%
$350
$400
$310
$300
$420
$260
First Quartile 25%
$500
$500
$500
$450
$600
$450
Mean (Average)
Median (Midpoint)
$800
$875
$800
$750
$1,200
$1,000
Third Quartile 75%
$1,425
$1,500
$1,238
$1,050
$2,000
$1,500
90th Percentile 90%
$2,430
$5,700
$2,000
$1,500
$2,500
$4,600
AIPLA Report of the Economic Survey 2015 I-82
Typical Charges: Trademarks by Type of Practice Preparing for a UDRP Petition by Type of Practice (Q31j)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
91
21
21
20
8
21
Mean (Average)
$3,882
$3,610
$3,238
$4,005
$6,125
$3,829
10th Percentile 10%
$1,000
$1,260
$600
$820
ISD
$520
First Quartile 25%
$1,500
$2,250
$1,750
$2,125
$1,500
$1,350
Median (Midpoint)
$3,000
$2,500
$3,000
$3,250
$2,250
$2,500
Third Quartile 75%
$5,000
$3,750
$5,000
$5,000
$13,750
$6,250
90th Percentile 90%
$8,000
$7,600
$6,600
$7,950
ISD
$9,800
Responding to a UDRP by Type of Practice (Q31k)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
68
15
16
17
5
15
$3,295
$2,873
$3,500
$3,576
$4,440
$2,797
$500
$720
$500
$860
ISD
$280
First Quartile 25%
$1,500
$1,000
$1,625
$1,750
$1,350
$500
Median (Midpoint)
$2,750
$1,500
$3,750
$3,500
$2,000
$3,000
Third Quartile 75%
$5,000
$3,500
$5,000
$5,000
$8,750
$4,500
90th Percentile 90%
$6,150
$9,600
$5,750
$6,800
ISD
$6,000
Mean (Average) 10th Percentile 10%
AIPLA Report of the Economic Survey 2015 I-83
Typical Charges: US Utility Patents by Location Original non-provisional utility patent application on invention of minimal complexity, e.g., 10 page specification, 10 claims (Preparation and Filing) by Location (Q32a) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Other East
Metro Southeast
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
536
34
33
11
75
31
21
20
36
30
102
28
9
24
82
Mean (Average)
$7,622
$8,935
$6,808
$6,609
$7,421
$7,529
$6,310
$7,865
$7,199
$6,933
$7,062
$6,989
$6,611
$9,388
$8,980
10th Percentile 10%
$4,000
$5,000
$2,600
$3,300
$3,200
$4,560
$3,600
$606
$4,000
$5,000
$4,000
$3,500
ISD
$6,750
$4,000
First Quartile 25%
$5,500
$6,125
$5,000
$5,000
$5,000
$5,500
$4,500
$5,000
$6,000
$5,875
$5,500
$6,000
$5,250
$8,000
$5,000
Median (Midpoint)
$7,000
$8,000
$6,000
$7,000
$7,000
$6,000
$6,000
$6,750
$7,500
$7,000
$6,500
$7,000
$6,000
$8,750
$7,000
Third Quartile 75%
$8,500
$10,000
$8,250
$7,500
$9,000
$9,000
$8,000
$8,563
$8,438
$8,000
$8,000
$8,375
$8,000
$10,750
$8,500
90th Percentile 90%
$10,000
$16,500
$10,000
$11,200
$10,700
$11,900
$9,300
$16,600
$10,000
$9,950
$9,940
$10,000
ISD
$12,500
$12,000
L.A. CMSA
S.F. CMSA
Provisional Patent Application (Preparation and Filing) by Location (Q32b) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Other East
Metro Southeast
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
Texas
Other West
510
31
31
14
68
32
21
19
36
29
92
24
12
21
80
Mean (Average)
$4,938
$5,265
$5,623
$6,121
$4,948
$4,670
$4,088
$3,992
$5,389
$5,386
$4,489
$4,663
$4,716
$6,220
$4,818
10th Percentile 10%
$1,455
$1,000
$1,100
$2,250
$1,000
$1,290
$940
$340
$2,000
$1,500
$1,500
$1,450
$1,003
$1,500
$1,000
First Quartile 25%
$2,500
$2,000
$2,500
$4,000
$2,500
$2,625
$2,000
$1,800
$3,125
$3,250
$2,500
$2,500
$1,500
$3,250
$2,000
Median (Midpoint)
$4,000
$4,500
$4,000
$5,000
$4,000
$3,500
$3,500
$3,000
$5,000
$5,000
$4,000
$4,250
$2,650
$5,370
$3,750
Third Quartile 75%
$6,000
$7,500
$6,000
$7,750
$6,000
$4,875
$6,250
$7,000
$7,625
$7,000
$5,875
$6,875
$4,625
$8,000
$6,000
90th Percentile 90%
$9,000
$12,000
$9,600
$12,000
$9,100
$9,550
$8,000
$7,500
$10,000
$9,500
$8,000
$8,000
$19,600
$11,600
$9,900
L.A. CMSA
S.F. CMSA
Original utility application, relatively complex biotechnology/chemical (Preparation and Filing) by Location (Q32c) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Other East
Metro Southeast
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
Texas
Other West
242
16
16
8
28
16
12
5
18
20
41
20
3
6
33
$11,944
$14,813
$10,541
$11,463
$14,214
$12,250
$9,458
$5,568
$15,789
$9,725
$11,539
$10,225
$11,000
$16,167
$11,258
10th Percentile 10%
$6,560
$7,200
$3,345
ISD
$7,680
$7,050
$6,000
ISD
$7,870
$7,050
$6,920
$6,050
ISD
ISD
$6,000
First Quartile 25%
$8,000
$9,250
$8,875
$8,750
$9,125
$8,250
$7,125
$320
$11,875
$8,000
$7,500
$8,000
ISD
$11,750
$7,500
Median (Midpoint)
$10,250
$15,000
$12,000
$10,850
$13,000
$10,500
$8,750
$7,000
$15,500
$9,750
$10,000
$9,250
$12,000
$17,000
$10,000
Third Quartile 75%
$15,000
$19,500
$13,750
$12,750
$17,250
$15,000
$12,000
$10,100
$20,000
$10,875
$12,500
$12,375
ISD
$20,000
$12,000
90th Percentile 90%
$20,000
$22,900
$15,000
ISD
$25,500
$21,500
$13,850
ISD
$23,250
$14,750
$15,000
$15,900
ISD
ISD
$20,000
Mean (Average)
AIPLA Report of the Economic Survey 2015 I-84
Typical Charges: US Utility Patents by Location Original utility application, relatively complex electrical/computer (Preparation and Filing) by Location (Q32d) Location Boston CMSA
Total Number of Respondents
NYC CMSA
Phila CMSA
Wash, DC CMSA
Other East
Metro Southeast
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
Texas
L.A. CMSA
S.F. CMSA
Other West
380
26
29
5
59
20
14
13
26
17
61
22
8
18
62
$11,810
$17,023
$10,948
$11,300
$13,420
$12,980
$10,107
$8,165
$11,683
$10,088
$10,933
$10,795
$15,688
$12,878
$10,243
10th Percentile 10%
$7,000
$7,000
$5,500
ISD
$7,500
$6,000
$6,000
$316
$6,550
$7,500
$6,500
$8,000
ISD
$8,900
$6,000
First Quartile 25%
$8,000
$8,000
$7,500
$9,250
$8,000
$6,375
$7,875
$7,250
$8,875
$8,500
$7,750
$8,500
$8,875
$11,500
$8,000
Median (Midpoint)
$10,000
$11,300
$10,000
$10,000
$10,000
$10,500
$9,250
$8,000
$12,000
$10,000
$9,000
$10,500
$10,500
$12,500
$10,000
Third Quartile 75%
$12,000
$14,250
$12,500
$14,000
$13,000
$15,375
$12,500
$11,500
$13,400
$11,750
$11,750
$12,875
$14,500
$15,000
$11,125
90th Percentile 90%
$15,000
$35,100
$18,000
ISD
$22,000
$20,000
$15,500
$13,000
$17,300
$12,100
$15,800
$15,000
ISD
$16,020
$13,550
L.A. CMSA
S.F. CMSA
Mean (Average)
Original utility application, relatively complex mechanical (Preparation and Filing) by Location (Q32e) Location Boston CMSA
Total Number of Respondents
NYC CMSA
Phila CMSA
Wash, DC CMSA
Other East
Metro Southeast
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
Texas
Other West
417
26
28
7
51
23
19
17
31
25
85
21
11
14
59
$10,657
$10,712
$9,409
$9,000
$11,731
$14,233
$8,974
$7,820
$10,068
$8,900
$10,151
$11,214
$13,591
$12,486
$11,061
10th Percentile 10%
$6,000
$6,000
$4,230
ISD
$6,040
$5,400
$6,000
$332
$5,700
$7,500
$6,000
$6,400
$8,000
$9,000
$5,500
First Quartile 25%
$7,500
$7,875
$5,875
$7,500
$7,000
$6,500
$7,000
$5,900
$7,500
$8,000
$7,000
$8,250
$8,000
$10,000
$7,500
Median (Midpoint)
$9,000
$9,000
$8,500
$8,000
$8,500
$9,000
$9,500
$7,500
$10,000
$8,500
$8,500
$10,000
$9,500
$13,000
$9,000
Third Quartile 75%
$11,000
$13,125
$11,000
$10,000
$12,000
$15,500
$11,000
$10,000
$11,300
$10,000
$10,000
$14,500
$12,000
$15,000
$10,000
90th Percentile 90%
$15,000
$18,000
$15,100
ISD
$24,000
$20,000
$12,000
$12,800
$15,800
$11,000
$12,800
$15,800
$43,000
$15,400
$15,000
Minne.St. Paul PMSA
Other Central
Texas
L.A. CMSA
S.F. CMSA
Other West
Mean (Average)
Patent application amendment/argument of minimal complexity (Preparation and Filing) by Location (Q32f) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Other East
Metro Southeast
Other Southeast
Chicago CMSA
527
32
31
14
75
31
22
20
37
30
93
29
10
24
79
Mean (Average)
$2,479
$2,870
$2,951
$2,179
$2,219
$1,932
$1,716
$3,831
$2,144
$2,900
$2,517
$3,636
$1,720
$2,802
$2,046
10th Percentile 10%
$1,000
$1,150
$900
$1,100
$800
$800
$1,060
$341
$1,160
$1,110
$1,000
$500
$440
$2,000
$1,000
First Quartile 25%
$1,500
$1,500
$1,500
$1,450
$1,500
$1,500
$1,388
$625
$1,625
$1,475
$1,500
$1,000
$1,438
$2,000
$1,500
Median (Midpoint)
$2,000
$2,500
$2,000
$2,000
$2,000
$1,800
$1,625
$1,950
$2,000
$2,000
$2,000
$2,000
$1,650
$2,500
$2,000
Third Quartile 75%
$2,500
$3,500
$2,500
$3,125
$3,000
$2,500
$2,000
$2,500
$2,500
$2,850
$2,150
$2,750
$2,500
$2,788
$2,500
90th Percentile 90%
$3,500
$4,700
$4,300
$3,500
$3,800
$3,000
$2,500
$13,764
$3,000
$3,000
$3,000
$4,000
$2,500
$3,750
$3,000
AIPLA Report of the Economic Survey 2015 I-85
Typical Charges: US Utility Patents by Location Patent application amendment/argument, relatively complex, biotechnology/chemical (Preparation and Filing) by Location (Q32g) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Other East
Metro Southeast
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
262
15
21
9
37
17
13
5
18
20
41
16
4
6
40
Mean (Average)
$4,541
$6,080
$2,964
$3,922
$7,338
$3,091
$3,285
$1,920
$4,922
$4,393
$3,840
$3,244
$3,750
$8,583
$4,310
10th Percentile 10%
$1,800
$1,380
$1,500
ISD
$2,000
$1,450
$1,680
ISD
$2,949
$1,820
$1,560
$1,490
ISD
ISD
$1,390
First Quartile 25%
$2,500
$2,500
$1,900
$2,900
$2,800
$2,000
$1,900
$320
$3,000
$2,425
$2,500
$2,500
ISD
$3,275
$2,500
Median (Midpoint)
$3,200
$5,000
$2,850
$4,000
$3,465
$2,400
$3,500
$1,600
$4,500
$3,000
$3,000
$3,000
$3,500
$4,500
$3,150
Third Quartile 75%
$4,500
$6,000
$3,750
$5,750
$4,650
$3,825
$4,000
$3,680
$6,125
$3,688
$4,000
$4,375
ISD
$12,000
$4,813
90th Percentile 90%
$6,000
$16,000
$5,300
ISD
$6,000
$6,800
$5,400
ISD
$8,290
$5,900
$5,000
$5,250
ISD
ISD
$5,900
Patent application amendment/argument, relatively complex, electrical computer (Preparation and Filing) by Location (Q32h) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Other East
Metro Southeast
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
Texas
L.A. CMSA
S.F. CMSA
Other West
380
26
27
4
57
25
13
12
22
19
64
21
8
21
61
Mean (Average)
$3,960
$5,652
$4,206
$3,063
$4,176
$6,438
$3,115
$2,292
$3,913
$2,832
$3,701
$3,043
$4,475
$3,762
$3,439
10th Percentile 10%
$1,900
$1,850
$1,740
ISD
$1,980
$1,500
$1,760
$312
$1,860
$1,800
$1,650
$2,000
ISD
$2,600
$1,920
First Quartile 25%
$2,500
$2,500
$2,000
ISD
$2,500
$2,000
$2,450
$1,450
$3,200
$2,300
$2,200
$2,375
$2,625
$3,100
$2,500
Median (Midpoint)
$3,000
$3,500
$2,700
$2,875
$3,000
$3,000
$3,000
$2,350
$3,750
$3,000
$3,000
$3,000
$3,250
$3,500
$3,000
Third Quartile 75%
$3,800
$5,250
$3,500
ISD
$3,550
$4,500
$4,000
$3,375
$4,850
$3,250
$3,500
$3,750
$4,700
$4,400
$3,800
90th Percentile 90%
$5,000
$7,650
$4,800
ISD
$5,200
$7,600
$4,420
$3,988
$6,350
$3,500
$4,750
$4,900
ISD
$5,400
$5,000
Patent application amendment/argument, relatively complex, mechanical (Preparation and Filing) by Location (Q32i) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Other East
Metro Southeast
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
Texas
L.A. CMSA
S.F. CMSA
Other West
422
23
28
8
59
25
18
18
30
26
81
20
12
14
60
Mean (Average)
$3,488
$3,759
$3,270
$3,363
$3,570
$3,006
$2,942
$2,417
$3,860
$2,802
$3,763
$3,053
$3,888
$3,393
$3,937
10th Percentile 10%
$1,800
$2,000
$1,470
ISD
$1,800
$1,500
$1,735
$336
$2,040
$1,470
$1,800
$2,000
$1,650
$2,500
$1,855
First Quartile 25%
$2,238
$2,000
$2,000
$2,200
$2,100
$1,875
$2,475
$1,475
$2,950
$2,275
$2,000
$2,500
$2,125
$2,875
$2,500
Median (Midpoint)
$2,900
$3,000
$2,550
$3,000
$2,800
$2,500
$2,950
$2,350
$3,500
$2,950
$2,500
$3,000
$3,000
$3,000
$2,725
Third Quartile 75%
$3,500
$5,000
$3,000
$4,750
$3,800
$3,350
$3,500
$3,125
$4,275
$3,313
$3,250
$4,000
$4,438
$4,000
$3,500
90th Percentile 90%
$5,000
$7,400
$4,650
ISD
$6,000
$5,600
$4,100
$4,150
$5,950
$4,150
$4,000
$4,500
$10,250
$5,250
$4,925
AIPLA Report of the Economic Survey 2015 I-86
Typical Charges: US Utility Patents by Location Appeal to Board in utility patent application without oral argument by Location (Q32j) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
367
24
22
10
60
23
11
13
22
22
62
20
9
18
51
Mean (Average)
$4,968
$6,262
$4,250
$6,050
$5,556
$3,317
$5,564
$2,853
$6,307
$4,411
$4,344
$5,838
$5,089
$5,694
$4,725
10th Percentile 10%
$2,500
$2,250
$2,130
$3,550
$2,500
$2,000
$1,340
$316
$3,000
$2,000
$2,500
$2,550
ISD
$2,500
$2,500
First Quartile 25%
$3,000
$3,000
$2,500
$4,375
$3,000
$2,000
$3,000
$1,750
$3,938
$3,375
$3,000
$3,500
$3,650
$3,500
$3,500
Median (Midpoint)
$4,000
$4,750
$3,500
$5,000
$4,000
$2,700
$4,000
$2,600
$5,000
$3,550
$4,000
$4,250
$5,000
$5,250
$4,000
Third Quartile 75%
$6,000
$8,625
$5,000
$8,125
$6,000
$4,500
$7,000
$4,425
$8,425
$4,550
$5,000
$6,750
$6,250
$7,125
$6,000
90th Percentile 90%
$8,000
$13,250
$7,550
$10,000
$8,450
$5,800
$14,400
$5,000
$11,100
$6,000
$7,400
$14,900
ISD
$10,500
$8,000
Appeal to Board in utility patent application with oral argument by Location (Q32k) Location Boston CMSA
Total Number of Respondents
NYC CMSA
Phila CMSA
Wash, DC CMSA
Other East
Metro Southeast
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
152
13
14
8
28
6
5
3
13
9
19
10
3
5
16
$10,407
$13,369
$8,121
$9,875
$10,396
$9,500
$16,700
$1,547
$11,258
$9,750
$9,289
$12,800
$7,500
$14,000
$9,256
10th Percentile 10%
$4,000
$2,177
$3,600
ISD
$2,740
ISD
ISD
ISD
$5,400
ISD
$5,000
$1,000
ISD
ISD
$4,050
First Quartile 25%
$5,525
$6,500
$4,750
$7,000
$4,625
$7,125
$4,750
ISD
$7,000
$4,400
$6,000
$5,875
ISD
$10,000
$5,875
Median (Midpoint)
$9,000
$15,000
$6,250
$9,000
$6,000
$8,250
$9,000
$340
$11,000
$6,000
$10,000
$12,500
$7,000
$12,000
$9,000
Third Quartile 75%
$12,000
$20,000
$11,250
$11,500
$10,750
$12,750
$32,500
ISD
$13,750
$15,000
$12,000
$20,500
ISD
$19,000
$10,000
90th Percentile 90%
$20,000
$23,000
$16,500
ISD
$18,500
ISD
ISD
ISD
$21,000
ISD
$15,000
$23,800
ISD
ISD
$15,900
Mean (Average)
Issuing an allowed application (All post-allowance activity) by Location (Q32l) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Other East
Metro Southeast
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
Texas
L.A. CMSA
S.F. CMSA
Other West
450
28
26
11
67
29
19
13
31
25
85
24
10
17
65
Mean (Average)
$798
$959
$785
$845
$998
$584
$656
$411
$918
$674
$696
$827
$759
$846
$843
10th Percentile 10%
$300
$291
$285
$260
$332
$300
$250
$120
$346
$300
$250
$300
$265
$290
$300
First Quartile 25%
$400
$425
$389
$500
$500
$350
$460
$185
$400
$350
$363
$500
$475
$450
$450
Median (Midpoint)
$600
$875
$500
$600
$600
$500
$500
$330
$875
$500
$500
$500
$770
$750
$600
Third Quartile 75%
$1,000
$1,000
$1,000
$1,500
$1,050
$733
$900
$550
$1,000
$1,000
$750
$1,188
$925
$1,000
$1,000
90th Percentile 90%
$1,250
$2,000
$1,215
$1,900
$2,062
$1,000
$1,200
$1,000
$1,250
$1,320
$1,000
$2,000
$1,630
$1,700
$1,500
AIPLA Report of the Economic Survey 2015 I-87
Typical Charges: US Utility Patents by Location Ex parte re-exam by Location (Q32m) Location Boston CMSA
Total Number of Respondents Mean (Average)
NYC CMSA
Phila CMSA
Wash, DC CMSA
Other East
Metro Southeast
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
Texas
L.A. CMSA
S.F. CMSA
Other West
107
8
10
4
16
8
3
5
10
6
9
7
3
3
15
$20,471
$21,375
$12,050
$6,625
$29,988
$17,438
$8,333
$7,128
$24,150
$39,833
$13,111
$28,000
$17,667
$48,333
$13,333 $2,300
10th Percentile 10%
$4,400
ISD
$5,500
ISD
$3,240
ISD
ISD
ISD
$5,000
ISD
ISD
ISD
ISD
ISD
First Quartile 25%
$7,500
$7,750
$10,000
ISD
$5,750
$5,625
ISD
$320
$6,875
$13,000
$4,250
$15,000
ISD
ISD
$7,500
Median (Midpoint)
$12,000
$12,500
$11,000
$5,750
$15,000
$10,000
$5,000
$5,000
$24,500
$32,500
$10,000
$24,000
$20,000
$25,000
$12,000
Third Quartile 75%
$25,000
$43,750
$15,000
ISD
$36,250
$16,125
ISD
$15,000
$41,250
$62,500
$20,000
$50,000
ISD
ISD
$15,000
90th Percentile 90%
$50,000
ISD
$19,500
ISD
$115,000
ISD
ISD
ISD
$49,500
ISD
ISD
ISD
ISD
ISD
$30,000
Paying a Maintenance Fee by Location (Q32n) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Other East
Metro Southeast
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
320
21
27
11
38
18
13
13
23
13
62
19
7
11
44
Mean (Average)
$349
$375
$311
$280
$366
$231
$374
$256
$498
$201
$368
$347
$336
$295
$388
10th Percentile 10%
$100
$17
$90
$120
$145
$92
$120
$120
$135
$5
$150
$75
ISD
$150
$100
First Quartile 25%
$200
$100
$150
$200
$238
$150
$225
$175
$210
$138
$200
$100
$200
$175
$200
Median (Midpoint)
$250
$250
$250
$250
$350
$250
$250
$300
$300
$250
$273
$250
$300
$250
$300
Third Quartile 75%
$400
$450
$400
$300
$463
$264
$525
$330
$400
$275
$400
$500
$450
$375
$426
90th Percentile 90%
$500
$920
$760
$500
$600
$410
$720
$361
$476
$330
$500
$1,000
ISD
$640
$563
Utility Patent Novelty Search, Analysis, and Opinion by Location (Q32o) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Other East
Metro Southeast
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
359
21
23
11
40
22
16
18
25
20
81
17
8
9
48
Mean (Average)
$3,278
$5,471
$2,722
$3,164
$3,222
$2,789
$3,084
$1,967
$3,270
$5,388
$3,079
$4,147
$2,500
$2,583
$2,854
10th Percentile 10%
$1,000
$1,260
$660
$1,500
$820
$1,030
$570
$770
$1,380
$415
$1,000
$500
ISD
ISD
$890
First Quartile 25%
$1,500
$1,850
$1,200
$1,800
$1,500
$1,425
$1,500
$975
$1,500
$1,250
$1,500
$1,250
$700
$1,500
$1,500
Median (Midpoint)
$2,000
$3,000
$2,000
$3,000
$2,100
$2,000
$2,375
$1,500
$2,500
$2,000
$2,000
$2,500
$1,200
$2,000
$2,000
Third Quartile 75%
$3,500
$6,500
$3,000
$4,000
$4,000
$3,275
$3,375
$2,500
$3,500
$3,375
$3,000
$4,500
$2,875
$4,250
$3,875
90th Percentile 90%
$5,755
$18,000
$8,302
$6,600
$5,978
$6,750
$10,000
$3,770
$6,200
$28,000
$5,000
$10,000
ISD
ISD
$5,000
AIPLA Report of the Economic Survey 2015 I-88
Typical Charges: US Utility Patents by Location Validity/Invalidity Only Opinion, per patent by Location (Q32p) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Other East
Metro Southeast
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
Texas
L.A. CMSA
S.F. CMSA
Other West
303
19
22
10
38
19
13
9
21
17
68
15
7
9
36
$13,015
$13,937
$12,102
$13,850
$14,949
$12,763
$10,231
$5,482
$16,262
$17,412
$10,324
$21,533
$11,929
$15,250
$11,053
10th Percentile 10%
$3,500
$2,500
$3,950
$6,550
$3,000
$2,500
$3,700
ISD
$2,000
$3,300
$3,950
$3,200
ISD
ISD
$3,350
First Quartile 25%
$6,000
$6,000
$5,750
$9,250
$5,706
$5,000
$6,250
$1,420
$6,000
$9,000
$5,000
$15,000
$7,000
$10,000
$6,200
Median (Midpoint)
$10,000
$15,000
$10,000
$10,000
$10,000
$10,000
$9,000
$5,000
$12,000
$15,000
$8,000
$20,000
$8,000
$13,000
$10,000
Third Quartile 75%
$15,000
$20,000
$16,250
$19,250
$20,000
$15,000
$11,500
$8,000
$20,000
$25,000
$15,000
$35,000
$15,000
$21,000
$15,000
90th Percentile 90%
$25,000
$25,000
$25,000
$33,500
$31,000
$30,000
$24,000
ISD
$35,000
$34,000
$20,000
$37,000
ISD
ISD
$20,000
Other Central
Texas
L.A. CMSA
S.F. CMSA
Mean (Average)
Infringement/Non-Infringement Only Opinion, per patent by Location (Q32q) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Other East
Metro Southeast
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other West
319
19
21
11
38
22
15
14
22
16
69
16
8
11
37
$11,323
$11,437
$10,750
$18,409
$13,714
$9,545
$8,393
$5,335
$14,568
$13,375
$9,116
$16,969
$10,375
$14,568
$9,635
10th Percentile 10%
$3,000
$2,500
$3,600
$7,100
$3,450
$3,150
$1,280
$320
$1,300
$4,500
$3,000
$3,650
ISD
$1,200
$3,800
First Quartile 25%
$5,000
$5,000
$5,250
$8,000
$5,900
$5,000
$4,000
$1,875
$3,750
$8,250
$5,000
$10,750
$7,250
$10,000
$5,000
Median (Midpoint)
$10,000
$10,000
$10,000
$10,000
$10,000
$10,000
$8,000
$5,000
$10,000
$13,750
$7,500
$16,500
$9,000
$12,000
$9,000
Third Quartile 75%
$15,000
$15,000
$12,250
$15,000
$15,000
$12,750
$10,000
$8,875
$20,000
$18,750
$12,000
$23,750
$10,000
$17,000
$15,000
90th Percentile 90%
$20,000
$25,000
$25,000
$63,000
$25,500
$18,500
$18,000
$11,775
$35,500
$25,000
$15,000
$28,000
ISD
$40,000
$16,000
Metro Southeast
Other Southeast
L.A. CMSA
S.F. CMSA
Mean (Average)
Combination Validity and Infringement, per patent by Location (Q32r) Location
Total Number of Respondents Mean (Average)
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Other East
Chicago CMSA
Minne.St. Paul PMSA
Other Central
Texas
Other West
262
18
19
9
30
18
8
10
21
11
56
15
6
10
31
$18,987
$25,239
$14,829
$21,389
$21,633
$19,178
$14,931
$7,794
$24,738
$21,591
$13,955
$33,133
$19,500
$23,725
$14,990 $5,600
10th Percentile 10%
$5,000
$3,630
$4,000
ISD
$7,000
$6,050
ISD
$304
$2,200
$4,200
$5,000
$7,400
ISD
$1,725
First Quartile 25%
$8,875
$13,250
$10,000
$13,000
$8,000
$9,250
$5,625
$1,585
$10,000
$12,000
$7,125
$20,000
$10,000
$15,000
$8,000
Median (Midpoint)
$15,000
$23,000
$13,000
$18,000
$17,000
$15,500
$15,000
$6,250
$20,000
$20,000
$10,000
$40,000
$11,000
$18,000
$15,000
Third Quartile 75%
$25,000
$30,500
$20,000
$25,000
$25,000
$22,750
$17,250
$12,450
$30,000
$30,000
$19,500
$45,000
$31,250
$30,000
$22,000
90th Percentile 90%
$35,000
$46,000
$30,000
ISD
$48,500
$51,000
ISD
$19,980
$49,600
$48,000
$30,000
$50,000
ISD
$66,000
$25,000
AIPLA Report of the Economic Survey 2015 I-89
Typical Charges: US Utility Patents by Type of Practice Original (not divisional, continuation, or CIP) non-provisional utility patent application on invention of minimal complexity, e.g., 10 page specification, 10 claims (Preparation and Filing) by Type of Practice (Q32a)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
536
105
127
131
76
93
Mean (Average)
$7,622
$7,504
$7,418
$7,108
$8,455
$8,214
10th Percentile 10%
$4,000
$3,000
$4,000
$4,500
$5,000
$5,000
First Quartile 25%
$5,500
$4,500
$5,500
$5,500
$6,125
$6,000
Median (Midpoint)
$7,000
$6,000
$6,500
$7,000
$8,000
$7,500
Third Quartile 75%
$8,500
$8,000
$8,000
$8,000
$10,000
$9,750
90th Percentile 90%
$10,000
$11,200
$9,500
$10,000
$12,000
$12,000
Provisional Patent Application (Preparation and Filing) by Type of Practice (Q32b)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
510
103
120
128
74
81
Mean (Average)
$4,938
$4,606
$4,212
$4,080
$6,825
$6,035
10th Percentile 10%
$1,455
$1,000
$1,225
$1,490
$3,000
$1,000
First Quartile 25%
$2,500
$2,000
$2,500
$2,500
$4,375
$2,500
Median (Midpoint)
$4,000
$3,500
$3,750
$3,500
$6,250
$5,000
Third Quartile 75%
$6,000
$5,000
$5,278
$5,000
$8,000
$8,000
90th Percentile 90%
$9,000
$8,300
$7,470
$8,000
$10,000
$12,000
Original utility application, relatively complex biotechnology/chemical (Preparation and Filing) by Type of Practice (Q32c)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
242
40
63
54
30
51
$11,944
$11,075
$10,915
$10,913
$14,233
$13,872
$6,560
$6,000
$6,280
$6,500
$10,000
$7,000
First Quartile 25%
$8,000
$8,000
$8,000
$8,375
$10,750
$8,000
Median (Midpoint)
$10,250
$9,250
$10,000
$10,000
$12,500
$12,000
Third Quartile 75%
$15,000
$14,750
$12,000
$13,000
$15,000
$15,000
90th Percentile 90%
$20,000
$18,000
$20,000
$17,000
$20,000
$25,000
Mean (Average) 10th Percentile 10%
AIPLA Report of the Economic Survey 2015 I-90
Typical Charges: US Utility Patents by Type of Practice Original utility application, relatively complex electrical/computer (Preparation and Filing) by Type of Practice (Q32d)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
380
79
95
100
44
60
$11,810
$14,596
$10,288
$11,408
$13,785
$9,873
10th Percentile 10%
$7,000
$6,000
$6,600
$7,550
$8,000
$5,550
First Quartile 25%
$8,000
$8,000
$8,000
$8,625
$10,000
$7,500
Median (Midpoint)
$10,000
$10,000
$10,000
$10,000
$12,000
$9,000
Third Quartile 75%
$12,000
$14,000
$12,000
$12,000
$14,000
$12,000
90th Percentile 90%
$15,000
$25,000
$15,000
$15,000
$18,000
$14,820
Mean (Average)
Original utility application, relatively complex mechanical (Preparation and Filing) by Type of Practice (Q32e)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
417
93
113
96
51
60
$10,657
$10,358
$10,784
$10,065
$11,475
$11,515
10th Percentile 10%
$6,000
$5,000
$6,000
$7,000
$7,100
$5,050
First Quartile 25%
$7,500
$7,000
$7,100
$8,000
$8,500
$7,500
Median (Midpoint)
$9,000
$8,500
$8,500
$9,000
$10,000
$9,000
Third Quartile 75%
$11,000
$11,500
$10,500
$10,000
$12,500
$12,000
90th Percentile 90%
$15,000
$17,200
$15,000
$14,300
$16,600
$16,000
Mean (Average)
Patent application amendment/argument of minimal complexity (Preparation and Filing) by Type of Practice (Q32f)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
527
105
126
132
73
87
Mean (Average)
$2,479
$2,340
$2,815
$2,126
$2,348
$2,850
10th Percentile 10%
$1,000
$730
$970
$1,000
$1,500
$1,000
First Quartile 25%
$1,500
$1,200
$1,500
$1,500
$1,800
$1,500
Median (Midpoint)
$2,000
$1,550
$2,000
$2,000
$2,250
$2,000
Third Quartile 75%
$2,500
$2,500
$2,500
$2,500
$3,000
$2,750
90th Percentile 90%
$3,500
$3,000
$3,500
$3,000
$3,500
$3,500
AIPLA Report of the Economic Survey 2015 I-91
Typical Charges: US Utility Patents by Type of Practice Patent application amendment/argument, relatively complex, biotechnology/chemical (Preparation and Filing) by Type of Practice (Q32g)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
262
46
67
62
31
52
Mean (Average)
$4,541
$3,326
$5,330
$5,145
$4,076
$4,257
10th Percentile 10%
$1,800
$1,440
$1,960
$2,130
$3,000
$1,215
First Quartile 25%
$2,500
$2,000
$2,500
$2,500
$3,000
$2,000
Median (Midpoint)
$3,200
$3,260
$3,000
$3,150
$3,500
$3,000
Third Quartile 75%
$4,500
$4,000
$4,500
$4,000
$4,800
$5,000
90th Percentile 90%
$6,000
$6,150
$6,000
$6,000
$6,000
$6,350
Patent application amendment/argument, relatively complex, electrical computer (Preparation and Filing) by Type of Practice (Q32h)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
380
78
98
94
46
62
Mean (Average)
$3,960
$4,598
$3,139
$3,298
$4,783
$4,874
10th Percentile 10%
$1,900
$1,500
$1,895
$2,050
$2,675
$1,325
First Quartile 25%
$2,500
$2,000
$2,300
$2,500
$3,000
$2,000
Median (Midpoint)
$3,000
$3,000
$3,000
$3,000
$3,500
$2,500
Third Quartile 75%
$3,800
$4,000
$3,500
$3,500
$4,000
$3,500
90th Percentile 90%
$5,000
$6,525
$5,000
$5,000
$6,000
$6,400
Patent application amendment/argument, relatively complex, mechanical (Preparation and Filing) by Type of Practice (Q32i)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
422
93
113
99
55
58
Mean (Average)
$3,488
$3,494
$3,592
$3,134
$3,760
$3,740
10th Percentile 10%
$1,800
$1,500
$1,680
$2,000
$2,460
$1,790
First Quartile 25%
$2,238
$2,000
$2,050
$2,500
$2,500
$2,150
Median (Midpoint)
$2,900
$2,500
$2,800
$2,800
$3,000
$2,675
Third Quartile 75%
$3,500
$3,780
$3,225
$3,500
$4,000
$3,500
90th Percentile 90%
$5,000
$5,000
$5,000
$4,500
$6,000
$5,000
AIPLA Report of the Economic Survey 2015 I-92
Typical Charges: US Utility Patents by Type of Practice Appeal to Board in utility patent application without oral argument by Type of Practice (Q32j)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
367
62
101
109
47
46
Mean (Average)
$4,968
$4,708
$4,944
$4,927
$7,094
$3,430
10th Percentile 10%
$2,500
$2,000
$2,500
$2,500
$3,400
$2,000
First Quartile 25%
$3,000
$2,800
$3,350
$3,500
$4,000
$2,500
Median (Midpoint)
$4,000
$4,000
$4,000
$4,000
$5,000
$3,000
Third Quartile 75%
$6,000
$6,000
$5,750
$6,000
$8,000
$4,500
90th Percentile 90%
$8,000
$8,270
$8,000
$8,000
$12,800
$5,000
Appeal to Board in utility patent application with oral argument by Type of Practice (Q32k)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
152
26
40
48
20
18
$10,407
$8,913
$10,199
$9,633
$15,875
$9,019
10th Percentile 10%
$4,000
$1,630
$5,000
$4,450
$5,100
$2,735
First Quartile 25%
$5,525
$5,000
$6,000
$5,625
$9,250
$3,950
Median (Midpoint)
$9,000
$7,000
$10,000
$9,000
$12,000
$6,500
Third Quartile 75%
$12,000
$10,313
$14,375
$10,000
$19,375
$8,875
90th Percentile 90%
$20,000
$22,600
$19,600
$17,100
$29,500
$18,500
Mean (Average)
Issuing an allowed application (All post-allowance activity) by Type of Practice (Q32l)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
450
91
122
113
62
57
Mean (Average)
$798
$831
$825
$684
$1,069
$631
10th Percentile 10%
$300
$296
$300
$260
$369
$250
First Quartile 25%
$400
$380
$450
$400
$500
$353
Median (Midpoint)
$600
$500
$600
$600
$1,000
$500
Third Quartile 75%
$1,000
$1,000
$900
$950
$1,050
$1,000
90th Percentile 90%
$1,250
$1,250
$1,425
$1,200
$1,850
$1,000
AIPLA Report of the Economic Survey 2015 I-93
Typical Charges: US Utility Patents by Type of Practice Ex parte re-exam by Type of Practice (Q32m)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
107
26
32
31
10
8
$20,471
$22,377
$13,964
$22,252
$36,500
$13,375
10th Percentile 10%
$4,400
$2,500
$4,650
$5,100
$5,500
ISD
First Quartile 25%
$7,500
$4,750
$5,500
$10,000
$13,750
$10,000
Median (Midpoint)
$12,000
$10,000
$10,000
$15,000
$25,000
$12,500
Third Quartile 75%
$25,000
$25,500
$20,000
$30,000
$55,000
$19,000
90th Percentile 90%
$50,000
$57,500
$32,000
$50,000
$100,000
ISD
Mean (Average)
Paying a Maintenance Fee by Type of Practice (Q32n)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
320
86
94
79
28
28
Mean (Average)
$349
$429
$374
$297
$312
$183
10th Percentile 10%
$100
$100
$150
$150
$177
$7
First Quartile 25%
$200
$200
$200
$200
$200
$21
Median (Midpoint)
$250
$300
$250
$250
$300
$100
Third Quartile 75%
$400
$424
$400
$350
$400
$250
90th Percentile 90%
$500
$565
$600
$500
$500
$510
Utility Patent Novelty Search, Analysis, and Opinion by Type of Practice (Q32o)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
359
84
89
91
47
45
Mean (Average)
$3,278
$2,744
$3,015
$3,208
$4,979
$3,284
10th Percentile 10%
$1,000
$800
$1,000
$1,200
$1,500
$315
First Quartile 25%
$1,500
$1,200
$1,450
$1,500
$2,000
$600
Median (Midpoint)
$2,000
$2,000
$2,000
$2,000
$3,000
$2,000
Third Quartile 75%
$3,500
$2,875
$3,250
$3,000
$5,000
$4,000
90th Percentile 90%
$5,755
$4,750
$5,000
$5,000
$10,000
$10,000
AIPLA Report of the Economic Survey 2015 I-94
Typical Charges: US Utility Patents by Type of Practice Validity/Invalidity Only Opinion, per patent by Type of Practice (Q32p)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
303
52
73
85
52
37
$13,015
$11,395
$10,184
$13,304
$19,173
$11,982
10th Percentile 10%
$3,500
$2,500
$2,700
$5,000
$7,150
$2,480
First Quartile 25%
$6,000
$4,250
$5,000
$7,000
$10,000
$4,000
Median (Midpoint)
$10,000
$10,000
$8,000
$10,000
$15,000
$10,000
Third Quartile 75%
$15,000
$15,000
$15,000
$17,250
$25,000
$15,000
90th Percentile 90%
$25,000
$24,100
$23,000
$25,000
$35,000
$25,000
Mean (Average)
Infringement/Non-Infringement Only Opinion, per patent by Type of Practice (Q32q)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
319
64
78
91
50
33
$11,323
$10,003
$9,579
$12,404
$16,420
$7,677
$3,000
$1,500
$2,950
$5,000
$5,000
$1,500
First Quartile 25%
$5,000
$3,500
$5,000
$7,000
$10,000
$3,000
Median (Midpoint)
$10,000
$8,000
$8,000
$10,000
$15,000
$8,000
Third Quartile 75%
$15,000
$10,000
$12,000
$15,000
$20,000
$11,000
90th Percentile 90%
$20,000
$20,000
$18,200
$24,000
$25,000
$15,000
Mean (Average) 10th Percentile 10%
Combination Validity and Infringement, per patent by Type of Practice (Q32r)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
262
50
63
73
41
33
$18,987
$15,986
$15,417
$19,367
$26,841
$20,477
10th Percentile 10%
$5,000
$1,055
$4,200
$7,700
$10,000
$2,400
First Quartile 25%
$8,875
$6,000
$7,500
$10,000
$16,000
$6,750
Median (Midpoint)
$15,000
$13,500
$12,000
$15,000
$25,000
$15,000
Third Quartile 75%
$25,000
$20,000
$20,000
$25,000
$30,000
$25,000
90th Percentile 90%
$35,000
$30,000
$30,000
$40,000
$50,000
$46,000
Mean (Average)
AIPLA Report of the Economic Survey 2015 I-95
Typical Charges: Foreign Origin and Foreign Patents by Location Filing foreign origin utility patent application in USPTO, received ready for filing with formal papers, assignment, and priority documents by Location (Q33a) Location
Total Number of Respondents Mean (Average)
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Other East
Metro Southeast
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
Texas
L.A. CMSA
S.F. CMSA
Other West
328
21
25
11
51
21
15
9
23
16
66
15
4
11
40
$1,358
$1,535
$1,365
$1,586
$1,172
$1,261
$1,641
$1,221
$2,043
$1,147
$1,246
$1,964
$954
$1,459
$1,071
10th Percentile 10%
$500
$301
$460
$620
$560
$530
$500
ISD
$850
$470
$500
$746
ISD
$300
$230
First Quartile 25%
$750
$625
$575
$900
$800
$800
$900
$545
$1,000
$525
$750
$850
ISD
$900
$600
Median (Midpoint)
$1,000
$1,000
$900
$1,200
$1,000
$1,000
$1,000
$1,000
$1,400
$1,000
$1,000
$1,250
$875
$1,000
$925
Third Quartile 75%
$1,500
$1,750
$1,225
$2,500
$1,225
$1,600
$1,500
$1,750
$1,500
$1,425
$1,500
$1,500
ISD
$1,500
$1,200
90th Percentile 90%
$2,110
$4,800
$2,600
$3,000
$2,090
$2,400
$5,100
ISD
$4,320
$2,450
$2,290
$6,300
ISD
$4,400
$1,825
Filing non-PCT patent application abroad (per country, not including associate or government fees) by Location (Q33b) Location
Total Number of Respondents Mean (Average)
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Other East
Metro Southeast
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
Texas
L.A. CMSA
S.F. CMSA
Other West
286
20
21
10
39
16
14
4
21
13
59
17
5
13
34
$1,248
$1,140
$1,065
$1,225
$1,130
$1,315
$1,626
$410
$1,249
$863
$1,213
$2,621
$600
$1,781
$886
10th Percentile 10%
$400
$320
$240
$510
$400
$455
$575
ISD
$500
$380
$350
$330
ISD
$350
$300
First Quartile 25%
$500
$713
$400
$713
$600
$763
$825
ISD
$575
$525
$500
$675
$250
$800
$500
Median (Midpoint)
$800
$800
$600
$1,000
$900
$968
$1,000
$420
$850
$700
$750
$1,000
$700
$1,200
$800
Third Quartile 75%
$1,200
$1,150
$1,100
$2,000
$1,050
$1,200
$1,500
ISD
$1,500
$1,000
$1,000
$1,500
$900
$1,450
$1,178
90th Percentile 90%
$2,000
$2,000
$1,500
$2,000
$2,500
$3,550
$5,250
ISD
$2,200
$1,800
$1,500
$8,200
ISD
$6,800
$1,500
Filing previously prepared US patent application as PCT application in US Receiving Office by Location (Q33c) Location
Total Number of Respondents Mean (Average)
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Other East
Metro Southeast
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
Texas
L.A. CMSA
S.F. CMSA
Other West
346
23
24
10
43
22
14
9
26
17
67
20
8
14
49
$1,238
$1,390
$1,252
$1,225
$1,165
$1,101
$1,127
$1,049
$1,439
$915
$1,195
$1,165
$925
$2,725
$1,073
10th Percentile 10%
$500
$540
$425
$855
$400
$505
$500
ISD
$470
$490
$400
$500
ISD
$600
$300
First Quartile 25%
$700
$1,000
$500
$900
$600
$750
$915
$420
$788
$625
$500
$800
$750
$1,088
$500
Median (Midpoint)
$1,000
$1,000
$800
$1,050
$950
$968
$1,100
$700
$1,000
$900
$900
$1,000
$950
$1,500
$900
Third Quartile 75%
$1,500
$2,000
$1,238
$1,500
$1,200
$1,275
$1,500
$1,600
$1,500
$1,000
$1,400
$1,500
$1,150
$2,000
$1,200
90th Percentile 90%
$2,000
$2,800
$3,750
$1,950
$2,000
$2,290
$1,650
ISD
$2,325
$1,600
$2,000
$1,950
ISD
$11,000
$2,500
AIPLA Report of the Economic Survey 2015 I-96
Typical Charges: Foreign Origin and Foreign Patents by Location Entering National Stage in US Receiving Office from foreign origin PCT application by Location (Q33d) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Other East
Metro Southeast
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
Texas
L.A. CMSA
S.F. CMSA
Other West
316
24
23
10
45
18
14
8
22
15
64
18
6
12
37
$1,517
$1,153
$1,053
$1,485
$2,133
$1,089
$969
$1,155
$1,427
$980
$2,014
$1,881
$1,087
$1,163
$1,211
10th Percentile 10%
$500
$348
$500
$755
$530
$592
$500
ISD
$815
$620
$450
$490
ISD
$445
$500
First Quartile 25%
$750
$531
$725
$875
$705
$738
$838
$310
$1,000
$750
$613
$838
$738
$1,000
$800
Median (Midpoint)
$1,000
$1,000
$950
$1,150
$1,000
$993
$1,000
$675
$1,200
$1,000
$1,000
$1,200
$950
$1,050
$1,000
Third Quartile 75%
$1,500
$1,500
$1,200
$2,125
$1,200
$1,350
$1,050
$2,000
$1,500
$1,000
$1,500
$1,500
$1,503
$1,500
$1,450
90th Percentile 90%
$2,000
$2,750
$1,800
$2,950
$1,900
$1,820
$1,500
ISD
$2,500
$1,500
$2,000
$8,000
ISD
$1,850
$2,260
Mean (Average)
Entering National Stage in each foreign Receiving Office from US origin PCT application by Location (Q33e) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
302
20
21
10
33
21
14
7
23
13
59
19
7
14
41
$1,113
$923
$752
$950
$746
$935
$1,476
$520
$1,030
$690
$828
$4,258
$736
$1,171
$973
10th Percentile 10%
$350
$320
$230
$510
$340
$460
$250
ISD
$440
$380
$300
$400
ISD
$225
$310
First Quartile 25%
$500
$500
$450
$713
$525
$625
$638
$300
$500
$500
$500
$750
$600
$675
$500
Mean (Average)
Median (Midpoint)
$750
$750
$650
$950
$750
$750
$910
$500
$820
$600
$650
$1,000
$700
$1,000
$750
Third Quartile 75%
$1,000
$1,000
$1,000
$1,125
$1,000
$1,100
$1,125
$700
$1,200
$811
$1,000
$1,500
$1,000
$1,400
$1,100
90th Percentile 90%
$1,500
$1,950
$1,500
$1,500
$1,030
$1,700
$5,600
ISD
$1,830
$1,300
$1,500
$30,000
ISD
$2,750
$1,920
Minne.St. Paul PMSA
Other Central
Paying an annuity or maintenance fee by Location (Q33f) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Other East
Metro Southeast
Other Southeast
Chicago CMSA
Texas
L.A. CMSA
S.F. CMSA
Other West
280
18
24
11
29
20
16
8
20
12
52
17
7
11
35
Mean (Average)
$356
$358
$694
$257
$391
$227
$256
$284
$315
$222
$300
$337
$268
$222
$483
10th Percentile 10%
$100
$48
$75
$120
$175
$28
$100
ISD
$164
$41
$125
$70
ISD
$42
$100
First Quartile 25%
$185
$175
$131
$200
$250
$150
$158
$200
$250
$150
$163
$125
$100
$150
$200
Median (Midpoint)
$250
$300
$250
$250
$350
$238
$200
$275
$300
$200
$250
$250
$250
$200
$250
Third Quartile 75%
$350
$500
$350
$300
$400
$294
$338
$338
$388
$288
$350
$475
$450
$300
$400
90th Percentile 90%
$500
$1,000
$875
$460
$650
$436
$500
ISD
$445
$455
$500
$1,000
ISD
$395
$540
AIPLA Report of the Economic Survey 2015 I-97
Typical Charges: Foreign Origin and Foreign Patents by Type of Practice Filing foreign origin utility patent application in USPTO, received ready for filing with formal papers, assignment, and priority documents by Type of Practice (Q33a)
Total Number of Respondents Mean (Average) 10th Percentile 10% First Quartile 25%
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
328
62
98
95
42
28
$1,358
$1,210
$1,506
$1,190
$1,217
$1,955
$500
$365
$500
$500
$575
$245
$750
$750
$750
$800
$883
$675
Median (Midpoint)
$1,000
$1,000
$1,000
$1,000
$1,000
$1,000
Third Quartile 75%
$1,500
$1,500
$1,500
$1,500
$1,500
$2,875
90th Percentile 90%
$2,110
$2,085
$2,020
$2,000
$1,570
$5,100
Filing non-PCT patent application abroad (per country, not including associate or government fees) by Type of Practice (Q33b)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
286
54
83
79
37
32
$1,248
$1,323
$1,125
$1,110
$1,115
$1,950
10th Percentile 10%
$400
$300
$500
$400
$480
$215
First Quartile 25%
$500
$500
$550
$500
$550
$638
Median (Midpoint)
$800
$935
$800
$750
$800
$1,000
Third Quartile 75%
$1,200
$1,400
$1,200
$1,000
$1,000
$2,000
90th Percentile 90%
$2,000
$2,125
$1,894
$1,400
$1,880
$5,700
Mean (Average)
Filing previously prepared US patent application as PCT application in US Receiving Office by Type of Practice (Q33c)
Total Number of Respondents Mean (Average) 10th Percentile 10% First Quartile 25%
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
346
74
97
89
43
41
$1,238
$1,290
$1,282
$918
$1,158
$1,799
$500
$500
$490
$400
$470
$500
$700
$750
$650
$500
$850
$775
Median (Midpoint)
$1,000
$1,100
$900
$850
$1,000
$1,000
Third Quartile 75%
$1,500
$1,550
$1,225
$1,110
$1,500
$1,500
90th Percentile 90%
$2,000
$2,125
$2,100
$1,500
$2,000
$3,000
AIPLA Report of the Economic Survey 2015 I-98
Typical Charges: Foreign Origin and Foreign Patents by Type of Practice Entering National Stage in US Receiving Office from foreign origin PCT application by Type of Practice (Q33d)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
316
59
97
90
40
27
$1,517
$2,328
$1,662
$1,075
$1,212
$1,188
10th Percentile 10%
$500
$400
$590
$500
$500
$450
First Quartile 25%
$750
$700
$750
$744
$800
$800
Median (Midpoint)
$1,000
$1,200
$1,000
$1,000
$1,000
$1,000
Third Quartile 75%
$1,500
$1,750
$1,300
$1,200
$1,500
$1,500
90th Percentile 90%
$2,000
$3,000
$1,880
$1,500
$2,000
$2,500
Mean (Average)
Entering National Stage in each foreign Receiving Office from US origin PCT application by Type of Practice (Q33e)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
302
58
91
77
36
38
$1,113
$908
$1,171
$1,147
$793
$1,539
10th Percentile 10%
$350
$300
$308
$390
$470
$340
First Quartile 25%
$500
$500
$500
$500
$500
$600
Median (Midpoint)
$750
$800
$750
$700
$800
$1,000
Third Quartile 75%
$1,000
$1,200
$1,000
$900
$1,000
$1,813
90th Percentile 90%
$1,500
$1,500
$1,500
$1,060
$1,215
$3,100
Mean (Average)
Paying an annuity or maintenance fee by Type of Practice (Q33f)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
280
67
85
71
24
29
Mean (Average)
$356
$437
$413
$291
$300
$183
10th Percentile 10%
$100
$100
$150
$100
$150
$12
First Quartile 25%
$185
$200
$200
$200
$200
$50
Median (Midpoint)
$250
$300
$250
$250
$275
$100
Third Quartile 75%
$350
$435
$350
$350
$356
$250
90th Percentile 90%
$500
$600
$500
$484
$475
$500
AIPLA Report of the Economic Survey 2015 I-99
Typical Charges: Other US Patents and Copyrights by Location US design patent application (Preparation and Filing) by Location (Q34a) Location
Total Number of Respondents Mean (Average) 10th Percentile 10%
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Minne.St. Paul PMSA
Chicago CMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
306
22
25
8
30
17
13
16
23
13
71
10
7
11
40
$1,942
$2,824
$1,798
$1,900
$2,031
$1,687
$1,669
$1,756
$1,864
$1,842
$1,843
$2,700
$1,386
$2,659
$1,723
$750
$304
$660
ISD
$600
$587
$620
$685
$840
$720
$750
$1,000
ISD
$500
$1,000
First Quartile 25%
$1,000
$950
$900
$1,050
$689
$1,050
$1,200
$1,000
$1,200
$1,000
$1,000
$1,750
$1,200
$1,500
$1,200
Median (Midpoint)
$1,500
$2,250
$1,500
$2,250
$1,300
$1,500
$1,500
$1,500
$1,500
$1,750
$1,600
$2,750
$1,500
$2,500
$1,500
Third Quartile 75%
$2,500
$3,625
$2,500
$2,500
$2,313
$2,250
$2,250
$2,000
$2,300
$2,750
$2,500
$3,625
$1,500
$3,500
$2,425
90th Percentile 90%
$3,430
$8,500
$4,000
ISD
$4,000
$3,100
$2,800
$3,550
$3,460
$3,300
$3,000
$4,900
ISD
$5,500
$2,500
US plant patent application (Preparation and Filing) by Location (Q34b) Location
Total Number of Respondents Mean (Average) 10th Percentile 10%
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
23
3
2
0
4
0
0
2
0
0
5
3
1
1
2
$3,758
$5,000
ISD
ISD
$5,150
ISD
ISD
ISD
ISD
ISD
$3,100
$6,000
ISD
ISD
ISD
$604
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
First Quartile 25%
$1,500
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
$1,100
ISD
ISD
ISD
ISD
Median (Midpoint)
$3,500
$4,500
ISD
ISD
$4,500
ISD
ISD
ISD
ISD
ISD
$2,300
$5,000
ISD
ISD
ISD
Third Quartile 75%
$5,000
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
$5,500
ISD
ISD
ISD
ISD
90th Percentile 90%
$8,000
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
Copyright registration application (Preparation and Filing) by Location (Q34c) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
Texas
L.A. CMSA
S.F. CMSA
Other West
190
8
17
7
21
9
8
13
17
2
47
12
4
6
19
Mean (Average)
$483
$769
$372
$621
$424
$422
$404
$453
$516
ISD
$435
$618
$375
$633
$555
10th Percentile 10%
$228
ISD
$180
ISD
$250
ISD
ISD
$270
$200
ISD
$200
$115
ISD
ISD
$300
First Quartile 25%
$300
$300
$225
$350
$275
$288
$306
$320
$310
ISD
$250
$263
ISD
$288
$350
Median (Midpoint)
$400
$400
$375
$500
$400
$350
$425
$350
$500
ISD
$350
$450
$375
$500
$400
Third Quartile 75%
$500
$875
$523
$1,000
$525
$500
$490
$500
$675
ISD
$500
$713
ISD
$938
$500
90th Percentile 90%
$845
ISD
$668
ISD
$700
ISD
ISD
$900
$1,000
ISD
$1,000
$1,850
ISD
ISD
$1,200
AIPLA Report of the Economic Survey 2015 I-100
Typical Charges: Other US Patents and Copyrights by Type of Practice US design patent application (Preparation and Filing) by Type of Practice (Q34a)
Total Number of Respondents Mean (Average) 10th Percentile 10%
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
306
78
89
80
32
24
$1,942
$1,835
$1,801
$1,786
$2,381
$2,834
$750
$600
$800
$615
$1,000
$438
First Quartile 25%
$1,000
$1,000
$1,050
$1,000
$1,410
$1,500
Median (Midpoint)
$1,500
$1,500
$1,500
$1,600
$2,000
$2,500
Third Quartile 75%
$2,500
$2,500
$2,250
$2,500
$2,500
$3,375
90th Percentile 90%
$3,430
$3,500
$3,000
$3,000
$4,550
$6,000
US plant patent application (Preparation and Filing) by Type of Practice (Q34b)
Total Number of Respondents Mean (Average) 10th Percentile 10%
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
23
6
8
5
1
2
$3,758
$2,917
$3,580
$3,640
ISD
ISD
$604
ISD
ISD
ISD
ISD
ISD
First Quartile 25%
$1,500
$975
$1,700
$1,100
ISD
ISD
Median (Midpoint)
$3,500
$3,000
$3,250
$3,000
ISD
ISD
Third Quartile 75%
$5,000
$5,000
$5,000
$6,500
ISD
ISD
90th Percentile 90%
$8,000
ISD
ISD
ISD
ISD
ISD
Copyright registration application (Preparation and Filing) by Type of Practice (Q34c)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
190
67
54
47
14
7
Mean (Average)
$483
$480
$485
$482
$523
$457
10th Percentile 10%
$228
$250
$200
$200
$250
ISD
First Quartile 25%
$300
$300
$250
$300
$469
$250
Median (Midpoint)
$400
$400
$360
$400
$500
$500
Third Quartile 75%
$500
$500
$500
$545
$700
$600
90th Percentile 90%
$845
$1,000
$750
$1,000
$750
ISD
AIPLA Report of the Economic Survey 2015 I-101
Typical Charges: Type of Fee Primarily Used Type of fee primarily used in 2014 for Trademarks (Q31a-k) Fixed Fee
Hourly
Other
Trademark Clearance Search, Analysis, and Opinion
47.7%
48.7%
3.6%
Trademark Registration Application (Preparation and Filing)
66.6%
30.7%
2.7%
Trademark Prosecution (Total, including amendments and interviews but not appeals)
15.8%
79.8%
4.4%
Trademark Statement of Use (Preparation and Filing)
61.0%
35.6%
3.3%
Trademark Appeal to the Board (Briefed and Argued)
11.2%
82.2%
6.6%
Trademark Section 8 and 15 Declaration (Preparation and Filing)
62.4%
34.6%
3.0%
Trademark Renewal Application (Preparation and Filing)
62.0%
35.1%
2.8%
Filing of Foreign Origin Trademark Registration Application Received Ready for Filing
58.5%
35.4%
6.1%
Filing for an international trademark
48.8%
47.1%
4.2%
Preparing a UDRP Petition (Uniform Domain-Name Dispute-Resolution)
21.3%
73.1%
5.6%
Responding to a UDRP Petition
13.6%
79.1%
7.3%
AIPLA Report of the Economic Survey 2015 I-102
Typical Charges: Type of Fee Primarily Used Type of fee primarily used in 2014 for US Utility Patents (Q32a-r) Fixed Fee
Hourly
Other
Original (not divisional, continuation, or CIP) non-provisional utility patent application on invention of minimal complexity, e. g., 10 page specification, 10 claims (Preparation and Filing)
37.2%
60.6%
2.2%
Provisional Patent Application (Preparation and Filing)
33.1%
64.5%
2.3%
Original utility application, relatively complex biotechnology/chemical (Preparation and Filing)
29.3%
64.0%
6.7%
Original utility application, relatively complex electrical/computer (Preparation and Filing)
36.5%
59.7%
3.8%
Original utility application, relatively complex mechanical (Preparation and Filing)
30.9%
66.2%
2.9%
Patent application amendment/argument of minimal complexity (Preparation and Filing)
27.5%
70.6%
2.0%
Patent application amendment/argument, relatively complex, biotechnology/chemical (Preparation and Filing)
23.1%
71.8%
5.2%
Patent application amendment/argument, relatively complex, electrical computer (Preparation and Filing)
30.4%
66.7%
3.0%
Patent application amendment/argument, relatively complex, mechanical (Preparation and Filing)
26.5%
71.1%
2.4%
Appeal to Board in utility patent application without oral argument
20.7%
77.2%
2.1%
Appeal to Board in utility patent application with oral argument
13.3%
82.5%
4.2%
Issuing an allowed application (All post-allowance activity)
47.0%
50.7%
2.2%
Ex parte re-exam
11.0%
83.5%
5.5%
Paying a Maintenance Fee
59.7%
36.5%
3.8%
Utility Patent Novelty Search, Analysis, and Opinion
28.5%
68.9%
2.6%
Validity/Invalidity Only Opinion, per patent
13.9%
82.7%
3.4%
Infringement/Non-Infringement Only Opinion, per patent
14.7%
82.9%
2.4%
Combination Validity and Infringement, per patent
12.9%
84.3%
2.8%
AIPLA Report of the Economic Survey 2015 I-103
Typical Charges: Type of Fee Primarily Used Type of fee primarily used in 2014 for Foreign Origin and Foreign Patents (Q33a-f) Fixed Fee
Hourly
Other
Filing foreign origin utility patent application in US PTO, received ready for filing with formal papers, assignment, and priority documents
53.7%
43.8%
2.5%
Filing non-PCT patent application abroad (per country, not including associate or government fees)
49.1%
47.5%
3.4%
Filing previously prepared US patent application as PCT application in US Receiving Office
52.4%
45.5%
2.1%
Entering National Stage in US Receiving Office from foreign origin PCT application
52.1%
45.5%
2.4%
Entering National Stage in each foreign Receiving Office from US origin PCT application
49.2%
48.7%
2.1%
Paying an annuity or maintenance fee
63.4%
32.7%
4.0%
Type of fee primarily used in 2014 for Other US Patents and Copyrights (Q34a-c) Fixed Fee
Hourly
Other
US design patent application (Preparation and Filing)
39.7%
59.0%
1.3%
US plant patent application (Preparation and Filing)
21.1%
66.1%
12.8%
Copyright registration application (Preparation and Filing
52.7%
44.2%
3.1%
AIPLA Report of the Economic Survey 2015 I-104
Typical Costs: Litigation-Patent Infringement, All Varieties by Location Litigation-Patent Infringement, All Varieties $25M at Risk, Dispute Resolved Through Mediation (000s) by Location (Q35Al) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
69
4
9
3
5
2
1
1
5
4
13
9
2
5
6
$1,288
$3,100
$1,067
$117
$713
ISD
ISD
ISD
$762
$2,719
$1,679
$1,704
ISD
$615
$557
10th Percentile 10%
$25
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
$22
ISD
ISD
ISD
ISD
First Quartile 25%
$83
ISD
$150
ISD
$83
ISD
ISD
ISD
$30
ISD
$168
$20
ISD
$138
$120
Median (Midpoint)
$300
$1,650
$450
$75
$400
ISD
ISD
ISD
$750
$375
$1,000
$250
ISD
$300
$175
Third Quartile 75%
$2,000
ISD
$1,788
ISD
$1,500
ISD
ISD
ISD
$1,500
ISD
$3,000
$4,000
ISD
$1,250
$813
90th Percentile 90%
$4,000
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
$4,400
ISD
ISD
ISD
ISD
Mean (Average)
AIPLA Report of the Economic Survey 2015 I-108
Typical Costs: Litigation-Patent Infringement, All Varieties by Type of Practice Litigation-Patent Infringement, All Varieties $25M at Risk, Dispute Resolved Through Mediation (000s) by Type of Practice (Q35Al)
Total Number of Respondents Mean (Average)
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
69
5
10
24
22
7
$1,288
$196
$1,212
$929
$1,278
$2,196
10th Percentile 10%
$25
ISD
$8
$11
$36
ISD
First Quartile 25%
$83
$30
$196
$81
$75
$200
Median (Midpoint)
$300
$120
$725
$225
$450
$300
Third Quartile 75%
$2,000
$400
$2,250
$1,750
$2,625
$5,000
90th Percentile 90%
$4,000
ISD
$3,068
$3,000
$4,000
ISD
AIPLA Report of the Economic Survey 2015 I-112
Typical Costs: Litigation-Patent Infringement, Hatch Waxman Act by Location Litigation-Patent Infringement, Hatch Waxman Act $25M at Risk, Dispute Resolved Through Mediation (000s) by Location (Q35Bl) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
14
1
3
0
2
1
0
0
1
1
1
2
1
1
0
$692
ISD
$425
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
10th Percentile 10%
$21
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
First Quartile 25%
$50
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
Median (Midpoint)
$175
ISD
$150
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
Third Quartile 75%
$1,025
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
90th Percentile 90%
$3,000
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
Mean (Average)
AIPLA Report of the Economic Survey 2015 I-116
Typical Costs: Litigation-Patent Infringement, Hatch Waxman Act by Type of Practice Litigation-Patent Infringement, Hatch Waxman Act $25M at Risk, Dispute Resolved Through Mediation (000s) by Type of Practice (Q35Bl)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
14
2
1
5
5
1
$692
ISD
ISD
$1,045
$560
ISD
10th Percentile 10%
$21
ISD
ISD
ISD
ISD
ISD
First Quartile 25%
$50
ISD
ISD
$63
$100
ISD
Median (Midpoint)
$175
ISD
ISD
$100
$200
ISD
Third Quartile 75%
$1,025
ISD
ISD
$2,500
$1,200
ISD
90th Percentile 90%
$3,000
ISD
ISD
ISD
ISD
ISD
Mean (Average)
AIPLA Report of the Economic Survey 2015 I-120
Typical Costs: Litigation-Defending Claims of Patent Infringement by Non-Practicing Entity by Location Litigation-Defending Claims of Patent Infringement, Non-Practicing Entity $25M at Risk, Dispute Resolved Through Mediation (000s) by Location (Q35Cl) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
40
2
7
0
4
1
1
1
1
2
6
7
1
4
3
$1,040
ISD
$921
ISD
$391
ISD
ISD
ISD
ISD
ISD
$1,031
$775
ISD
$219
$1,083
10th Percentile 10%
$31
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
First Quartile 25%
$93
ISD
$100
ISD
ISD
ISD
ISD
ISD
ISD
ISD
$46
$45
ISD
ISD
ISD
Median (Midpoint)
$213
ISD
$225
ISD
$245
ISD
ISD
ISD
ISD
ISD
$550
$250
ISD
$150
$150
Third Quartile 75%
$1,075
ISD
$1,100
ISD
ISD
ISD
ISD
ISD
ISD
ISD
$2,000
$1,500
ISD
ISD
ISD
90th Percentile 90%
$3,450
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
Mean (Average)
AIPLA Report of the Economic Survey 2015 I-124
Typical Costs: Litigation-Defending Claims of Patent Infringement by Non-Practicing Entity by Type of Practice Litigation-Defending Claims of Patent Infringement, Non-Practicing Entity $25M at Risk, Dispute Resolved Through Mediation (000s) by Type of Practice (Q35Cl)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
40
1
5
17
14
2
$1,040
ISD
$438
$951
$949
ISD
$31
ISD
ISD
$19
$75
ISD
First Quartile 25%
$93
ISD
$20
$100
$98
ISD
Median (Midpoint)
$213
ISD
$50
$225
$325
ISD
Third Quartile 75%
$1,075
ISD
$1,050
$1,500
$1,500
ISD
90th Percentile 90%
$3,450
ISD
ISD
$3,300
$4,000
ISD
Mean (Average) 10th Percentile 10%
AIPLA Report of the Economic Survey 2015 I-128
Typical Costs: Litigation-Section 337 Patent Infringement by Location Litigation-Section 337 Patent Infringement $25M at Risk, Dispute Resolved Through Mediation (000s) by Location (Q35Dl) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
15
2
3
1
2
0
0
0
0
0
1
3
0
1
2
$1,013
ISD
$1,733
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
$2,345
ISD
ISD
ISD
10th Percentile 10%
$31
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
First Quartile 25%
$80
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
Median (Midpoint)
$250
ISD
$450
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
$3,000
ISD
ISD
ISD
Third Quartile 75%
$1,500
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
90th Percentile 90%
$4,200
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
Mean (Average)
AIPLA Report of the Economic Survey 2015 I-132
Typical Costs: Litigation-Section 337 Patent Infringement by Type of Practice Litigation-Section 337 Patent Infringement $25M at Risk, Dispute Resolved Through Mediation (000s) by Type of Practice (Q35Dl)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
15
1
0
5
7
2
$1,013
ISD
ISD
$1,040
$1,344
ISD
10th Percentile 10%
$31
ISD
ISD
ISD
ISD
ISD
First Quartile 25%
$80
ISD
ISD
$125
$50
ISD
Median (Midpoint)
$250
ISD
ISD
$450
$250
ISD
Third Quartile 75%
$1,500
ISD
ISD
$2,250
$4,000
ISD
90th Percentile 90%
$4,200
ISD
ISD
ISD
ISD
ISD
Mean (Average)
AIPLA Report of the Economic Survey 2015 I-136
Patent Infringement In your experience is there a strong correlation between the amount at risk in a patent infringement action and the overall attorney hours required to litigate the action? (Q35E) In your experience is there a strong correlation between the amount at risk in a patent infringement action and the overall attorney hours required to litigate the action? Yes All Individuals Location
No
Total Count
64.3%
35.7%
398
Boston CMSA
52.4%
47.6%
21
NYC CMSA
66.7%
33.3%
36
Phila CMSA
71.4%
28.6%
14
Wash, DC CMSA
56.9%
43.1%
51
Other East
50.0%
50.0%
20
Metro South- east
56.3%
43.8%
16
Other South- east
64.3%
35.7%
14
Chicago CMSA
53.8%
46.2%
26
Minne.- St. Paul PMSA
70.0%
30.0%
20
Other Central
70.8%
29.2%
65
Texas
62.1%
37.9%
29
L.A. CMSA
69.2%
30.8%
13
S.F. CMSA
61.5%
38.5%
26
Other West
78.7%
21.3%
47
AIPLA Report of the Economic Survey 2015 I-137
Patent Infringement In your experience, how does the total cost of asserting a patent infringement action compare to the total cost of defending such an action? (Q35F) In your experience, how does the total cost of asserting a patent infringement action compare to the total cost of defending such an action?
Total
Cost of asserting is a percent of the cost of defending
Count
About the same All Individuals Location
63.6%
36.4%
308
Boston CMSA
61.1%
38.9%
18
NYC CMSA
56.7%
43.3%
30
Phila CMSA
63.6%
36.4%
11
Wash, DC CMSA
75.0%
25.0%
36
Other East
64.3%
35.7%
14
Metro South- east
54.5%
45.5%
11
Other South- east
63.6%
36.4%
11
Chicago CMSA
81.0%
19.0%
21
Minne.- St. Paul PMSA
53.8%
46.2%
13
Other Central
60.7%
39.3%
56
Texas
66.7%
33.3%
24
L.A. CMSA
55.6%
44.4%
9
S.F. CMSA
45.0%
55.0%
20
Other West
70.6%
29.4%
34
Cost of asserting as a percent of the cost of defending (Q35Fx) Location
Total % of cost of defending
Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Minne.St. Paul PMSA
Chicago CMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
111
7
13
3
9
5
5
4
4
6
22
8
4
11
10
Mean (Average)
84.2%
80.0%
71.2%
98.3%
91.1%
61.0%
161.0%
77.5%
62.5%
122.5%
74.3%
83.8%
92.8%
81.8%
77.0%
10th Percentile 10%
32.0%
ISD
20.0%
ISD
ISD
ISD
ISD
ISD
ISD
ISD
32.5%
ISD
ISD
53.0%
26.5%
First Quartile 25%
50.0%
40.0%
35.0%
ISD
75.0%
42.5%
77.5%
ISD
ISD
66.3%
50.0%
45.0%
ISD
70.0%
40.0%
Median (Midpoint)
75.0%
75.0%
75.0%
90.0%
80.0%
60.0%
150.0%
70.0%
65.0%
85.0%
70.0%
72.5%
77.5%
75.0%
50.0%
Third Quartile 75%
90.0%
120.0%
90.0%
ISD
102.5%
80.0%
250.0%
ISD
ISD
187.5%
76.3%
78.8%
ISD
80.0%
121.3%
90th Percentile 90%
146.0%
ISD
125.0%
ISD
ISD
ISD
ISD
ISD
ISD
ISD
125.0%
ISD
ISD
144.0%
192.5%
AIPLA Report of the Economic Survey 2015 I-138
Total Costs: Inter Partes Proceedings by Location Inter Partes Proceedings Through filing petition (000s) by Location (Q36i) Location
Total Number of Respondents Mean (Average)
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Minne.St. Paul PMSA
Chicago CMSA
Other Central
Texas
L.A. CMSA
S.F. CMSA
Other West
145
8
10
7
23
6
6
1
9
7
23
10
4
8
23
$125
$106
$132
$325
$118
$95
$98
ISD
$98
$111
$79
$118
$63
$129
$167
10th Percentile 10%
$20
ISD
$19
ISD
$20
ISD
ISD
ISD
ISD
ISD
$9
$17
ISD
ISD
$17
First Quartile 25%
$50
$43
$69
$30
$30
$33
$36
ISD
$50
$75
$25
$50
ISD
$78
$50
Median (Midpoint)
$80
$88
$100
$150
$75
$56
$60
ISD
$80
$100
$75
$135
$58
$125
$56
Third Quartile 75%
$150
$188
$250
$600
$175
$200
$200
ISD
$150
$150
$120
$150
ISD
$188
$250
90th Percentile 90%
$250
ISD
$295
ISD
$300
ISD
ISD
ISD
ISD
ISD
$180
$240
ISD
ISD
$500
Inter Partes Proceedings Through end of motion practice (000s) by Location (Q36ii) Location
Total Number of Respondents Mean (Average) 10th Percentile 10%
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
Texas
L.A. CMSA
S.F. CMSA
Other West
125
6
10
6
22
4
6
1
8
7
19
10
3
8
15
$229
$243
$274
$311
$259
$153
$195
ISD
$291
$175
$152
$288
$80
$209
$259 $44
$40
ISD
$40
ISD
$42
ISD
ISD
ISD
ISD
ISD
$15
$33
ISD
ISD
First Quartile 25%
$100
$114
$145
$46
$95
ISD
$75
ISD
$140
$100
$40
$175
ISD
$150
$75
Median (Midpoint)
$200
$200
$200
$228
$235
$125
$215
ISD
$203
$200
$150
$275
$65
$210
$130
Third Quartile 75%
$300
$388
$338
$606
$363
ISD
$300
ISD
$388
$200
$240
$425
ISD
$288
$300
90th Percentile 90%
$420
ISD
$765
ISD
$605
ISD
ISD
ISD
ISD
ISD
$350
$545
ISD
ISD
$840
Inter Partes Proceedings Through PTAB hearing (000s) by Location (Q36iii) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
Texas
L.A. CMSA
S.F. CMSA
Other West
133
7
10
6
24
4
6
1
8
7
22
12
3
9
14
$334
$414
$331
$498
$354
$195
$298
ISD
$411
$250
$219
$385
$103
$486
$361
$50
ISD
$46
ISD
$60
ISD
ISD
ISD
ISD
ISD
$30
$37
ISD
ISD
$63
First Quartile 25%
$133
$175
$163
$96
$250
ISD
$140
ISD
$194
$75
$50
$125
ISD
$200
$98
Median (Midpoint)
$275
$300
$280
$350
$300
$125
$273
ISD
$350
$275
$200
$450
$125
$350
$215
Third Quartile 75%
$450
$750
$450
$900
$500
ISD
$450
ISD
$575
$350
$313
$500
ISD
$450
$419
90th Percentile 90%
$600
ISD
$825
ISD
$775
ISD
ISD
ISD
ISD
ISD
$435
$880
ISD
ISD
$1,300
Mean (Average) 10th Percentile 10%
AIPLA Report of the Economic Survey 2015 I-139
Total Costs: Inter Partes Proceedings by Location Inter Partes Proceedings Through appeal (000s) by Location (Q36iv) Location
Total Number of Respondents Mean (Average) 10th Percentile 10%
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Minne.St. Paul PMSA
Chicago CMSA
Other Central
Texas
L.A. CMSA
S.F. CMSA
Other West
106
4
10
5
20
3
5
1
7
6
16
10
2
6
11
$469
$670
$495
$570
$523
$150
$389
ISD
$678
$321
$284
$698
ISD
$386
$507
$75
ISD
$75
ISD
$100
ISD
ISD
ISD
ISD
ISD
$34
$83
ISD
ISD
$200
First Quartile 25%
$188
ISD
$244
$150
$231
ISD
$235
ISD
$285
$75
$78
$225
ISD
$273
$200
Median (Midpoint)
$350
$625
$375
$300
$390
$100
$350
ISD
$750
$338
$263
$600
ISD
$350
$300
Third Quartile 75%
$600
ISD
$850
$1,125
$950
ISD
$563
ISD
$900
$525
$438
$750
ISD
$544
$500
$1,000
ISD
$1,090
ISD
$1,000
ISD
ISD
ISD
ISD
ISD
$685
$2,325
ISD
ISD
$1,960
90th Percentile 90%
AIPLA Report of the Economic Survey 2015 I-140
Total Costs: Inter Partes Proceedings by Type of Practice Inter Partes Proceedings Through filing petition (000s) by Type of Practice (Q36i)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
145
10
20
49
37
28
$125
$58
$61
$89
$151
$221
10th Percentile 10%
$20
$26
$15
$15
$49
$25
First Quartile 25%
$50
$38
$21
$36
$78
$75
Median (Midpoint)
$80
$50
$40
$60
$150
$150
Third Quartile 75%
$150
$64
$79
$100
$200
$238
90th Percentile 90%
$250
$142
$190
$200
$300
$630
Mean (Average)
Inter Partes Proceedings Through end of motion practice (000s) by Type of Practice (Q36ii)
Total Number of Respondents Mean (Average)
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
125
6
18
43
35
22
$229
$146
$138
$169
$315
$305
$40
ISD
$24
$32
$80
$51
10th Percentile 10% First Quartile 25%
$100
$71
$48
$50
$200
$119
Median (Midpoint)
$200
$150
$103
$150
$300
$250
Third Quartile 75%
$300
$213
$188
$205
$400
$313
90th Percentile 90%
$420
ISD
$350
$300
$590
$693
Inter Partes Proceedings Through PTAB hearing (000s) by Type of Practice (Q36iii)
Total Number of Respondents Mean (Average) 10th Percentile 10%
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
133
7
19
46
36
24
$334
$216
$213
$253
$418
$491
$50
ISD
$30
$45
$114
$55
First Quartile 25%
$133
$75
$70
$96
$250
$181
Median (Midpoint)
$275
$250
$145
$225
$425
$325
Third Quartile 75%
$450
$300
$400
$328
$538
$488
90th Percentile 90%
$600
ISD
$450
$530
$765
$1,675
AIPLA Report of the Economic Survey 2015 I-141
Total Costs: Inter Partes Proceedings by Type of Practice Inter Partes Proceedings Through appeal (000s) by Type of Practice (Q36iv)
Total Number of Respondents Mean (Average) 10th Percentile 10%
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
106
6
15
40
31
13
$469
$288
$400
$351
$607
$656
$75
ISD
$74
$71
$150
$100
First Quartile 25%
$188
$69
$100
$113
$300
$250
Median (Midpoint)
$350
$310
$250
$293
$550
$500
Third Quartile 75%
$600
$435
$550
$375
$900
$900
$1,000
ISD
$1,220
$735
$1,080
$1,780
90th Percentile 90%
AIPLA Report of the Economic Survey 2015 I-142
Inter Partes Proceedings In your experience, how does the total cost of filing a petition for inter partes proceeding (IPR, CBM, or PGR) compare to the total cost of defending such an action? (Q36B) In your experience, how does the total cost of filing a petition for inter partes proceeding (IPR, CBM, or PGR) compare to the total cost of defending such an action?
Total
Cost of filing is a percent of the cost of defending
Count
About the same All Individuals Location
60.8%
39.2%
Boston CMSA
66.7%
33.3%
166 9
NYC CMSA
43.8%
56.3%
16
Phila CMSA
100.0%
.0%
6
Wash, DC CMSA
63.3%
36.7%
30
Other East
75.0%
25.0%
8
Metro South- east
50.0%
50.0%
8
Other South- east
ISD
ISD
1
Chicago CMSA
44.4%
55.6%
9
Minne.- St. Paul PMSA
33.3%
66.7%
6
Other Central
51.9%
48.1%
27
Texas
66.7%
33.3%
12
L.A. CMSA
33.3%
66.7%
3
S.F. CMSA
80.0%
20.0%
10
Other West
71.4%
28.6%
21
Cost of filing as a percent of the cost of defending (Q36Bx) Location
Total % of cost of defending
Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
64
3
9
0
11
2
4
0
5
4
13
4
2
2
5
Mean (Average)
83.4%
65.0%
104.8%
ISD
92.3%
ISD
68.8%
ISD
61.0%
150.0%
64.2%
45.0%
ISD
ISD
82.0%
10th Percentile 10%
20.0%
ISD
ISD
ISD
26.0%
ISD
ISD
ISD
ISD
ISD
10.0%
ISD
ISD
ISD
ISD
First Quartile 25%
26.3%
ISD
26.5%
ISD
40.0%
ISD
ISD
ISD
15.0%
ISD
22.5%
ISD
ISD
ISD
35.0%
Median (Midpoint)
75.0%
30.0%
125.0%
ISD
120.0%
ISD
55.0%
ISD
30.0%
137.5%
50.0%
25.0%
ISD
ISD
60.0%
Third Quartile 75%
128.8%
ISD
145.0%
ISD
130.0%
ISD
ISD
ISD
122.5%
ISD
97.5%
ISD
ISD
ISD
140.0%
90th Percentile 90%
150.0%
ISD
ISD
ISD
150.0%
ISD
ISD
ISD
ISD
ISD
140.0%
ISD
ISD
ISD
ISD
AIPLA Report of the Economic Survey 2015 I-143
Total Costs: Litigation-Trademark Infringement by Location Litigation-Trademark Infringement $25M at Risk, Dispute Resolved Through Mediation (000s) by Location (Q37l) Location
Total Number of Respondents Mean (Average)
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
23
1
2
2
2
1
0
1
2
0
3
5
0
1
3
$166
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
$250
$103
ISD
ISD
$248
10th Percentile 10%
$12
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
First Quartile 25%
$50
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
$18
ISD
ISD
ISD
Median (Midpoint)
$100
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
$200
$30
ISD
ISD
$125
Third Quartile 75%
$250
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
$225
ISD
ISD
ISD
90th Percentile 90%
$460
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
AIPLA Report of the Economic Survey 2015 I-147
Total Costs: Litigation-Trademark Infringement by Type of Practice Litigation-Trademark Infringement $25M at Risk, Dispute Resolved Through Mediation (000s) by Type of Practice (Q37l)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
23
2
5
10
4
2
$166
ISD
$265
$162
$83
ISD
10th Percentile 10%
$12
ISD
ISD
$14
ISD
ISD
First Quartile 25%
$50
ISD
$53
$88
ISD
ISD
Median (Midpoint)
$100
ISD
$200
$125
$90
ISD
Third Quartile 75%
$250
ISD
$510
$253
ISD
ISD
90th Percentile 90%
$460
ISD
ISD
$386
ISD
ISD
Mean (Average)
AIPLA Report of the Economic Survey 2015 I-151
Trademark Infringement In your experience is there a strong correlation between the amount at risk in a trademark infringement action and the overall attorney hours required to litigate the action? (Q37B) In your experience is there a strong correlation between the amount at risk in a trademark infringement action and the overall attorney hours required to litigate the action? Yes All Individuals Location
No
Total Count
59.5%
40.5%
153
Boston CMSA
40.0%
60.0%
5
NYC CMSA
46.7%
53.3%
15
Phila CMSA
75.0%
25.0%
4
Wash, DC CMSA
57.1%
42.9%
14
Other East
50.0%
50.0%
6
Metro South- east
62.5%
37.5%
8
Other South- east
60.0%
40.0%
10
Chicago CMSA
45.5%
54.5%
11
Minne.- St. Paul PMSA
ISD
ISD
2
Other Central
60.6%
39.4%
33
Texas
85.7%
14.3%
14
L.A. CMSA
66.7%
33.3%
6
S.F. CMSA
57.1%
42.9%
7
Other West
61.1%
38.9%
18
AIPLA Report of the Economic Survey 2015 I-152
Trademark Infringement In your experience, how does the total cost of asserting a trademark infringement action compare to the total cost of defending such an action? (Q37C) In your experience, how does the total cost of asserting a trademark infringement action compare to the total cost of defending such an action?
Total
Cost of asserting is a percent of the cost of defending
Count
About the same All Individuals Location
78.5%
21.5%
Boston CMSA
60.0%
40.0%
5
NYC CMSA
91.7%
8.3%
12
Phila CMSA
75.0%
25.0%
4
Wash, DC CMSA
71.4%
28.6%
14
Other East
75.0%
25.0%
4
Metro South- east
80.0%
20.0%
5
Other South- east
62.5%
37.5%
8
Chicago CMSA
87.5%
12.5%
8
ISD
ISD
2
Other Central
84.8%
15.2%
33
Texas
75.0%
25.0%
12
L.A. CMSA
83.3%
16.7%
6
S.F. CMSA
42.9%
57.1%
7
Other West
86.7%
13.3%
15
Minne.- St. Paul PMSA
135
Cost of asserting as a percent of the cost of defending (Q37Cx) Location
Total % of the cost of defending
Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
29
2
1
1
4
1
1
3
1
0
5
3
1
4
2
102.2%
ISD
ISD
ISD
118.8%
ISD
ISD
90.0%
ISD
ISD
93.0%
56.7%
ISD
133.8%
ISD
10th Percentile 10%
30.0%
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
First Quartile 25%
67.5%
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
55.0%
ISD
ISD
ISD
ISD
Median (Midpoint)
90.0%
ISD
ISD
ISD
122.5%
ISD
ISD
75.0%
ISD
ISD
75.0%
50.0%
ISD
130.0%
ISD
Third Quartile 75%
125.0%
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
140.0%
ISD
ISD
ISD
ISD
90th Percentile 90%
200.0%
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
Mean (Average)
AIPLA Report of the Economic Survey 2015 I-153
Total Costs: Litigation-Trademark Opposition/Cancellation by Location Litigation-Trademark Opposition/Cancellation Through End of Discovery (000s) by Location (Q38a) Location
Total
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Minne.St. Paul PMSA
Chicago CMSA
Other Central
Texas
L.A. CMSA
S.F. CMSA
Other West
Number of Respondents
101
4
10
2
15
5
5
8
5
1
18
10
2
2
14
Mean (Average)
$75
$133
$66
ISD
$79
$65
$37
$42
$142
ISD
$64
$102
ISD
ISD
$69
10th Percentile 10%
$11
ISD
$5
ISD
$8
ISD
ISD
ISD
ISD
ISD
$8
$16
ISD
ISD
$18
First Quartile 25%
$25
ISD
$21
ISD
$15
$18
$5
$15
$70
ISD
$26
$29
ISD
ISD
$38
Median (Midpoint)
$50
$75
$50
ISD
$50
$60
$15
$23
$120
ISD
$50
$75
ISD
ISD
$60
Third Quartile 75%
$100
ISD
$100
ISD
$100
$115
$80
$55
$225
ISD
$75
$163
ISD
ISD
$81
90th Percentile 90%
$195
ISD
$208
ISD
$270
ISD
ISD
ISD
ISD
ISD
$205
$245
ISD
ISD
$163
Litigation-Trademark Opposition/Cancellation Inclusive, all costs (000s) by Location (Q38b) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Minne.St. Paul PMSA
Chicago CMSA
Other Central
Texas
L.A. CMSA
S.F. CMSA
Other West
100
4
10
2
15
4
5
8
5
1
17
10
2
2
15
$138
$264
$124
ISD
$134
$101
$80
$127
$226
ISD
$106
$164
ISD
ISD
$145
10th Percentile 10%
$25
ISD
$15
ISD
$11
ISD
ISD
ISD
ISD
ISD
$14
$31
ISD
ISD
$31
First Quartile 25%
$45
ISD
$41
ISD
$25
ISD
$9
$31
$140
ISD
$30
$43
ISD
ISD
$60
Median (Midpoint)
$95
$115
$93
ISD
$90
$70
$30
$63
$200
ISD
$65
$113
ISD
ISD
$100
Third Quartile 75%
$195
ISD
$200
ISD
$200
ISD
$178
$210
$325
ISD
$130
$275
ISD
ISD
$175
90th Percentile 90%
$350
ISD
$335
ISD
$390
ISD
ISD
ISD
ISD
ISD
$370
$395
ISD
ISD
$400
Mean (Average)
AIPLA Report of the Economic Survey 2015 I-154
Total Costs: Litigation-Trademark Opposition/Cancellation by Type of Practice Litigation-Trademark Opposition/Cancellation Through End of Discovery (000s) by Type of Practice (Q38a)
Total
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
Number of Respondents
101
30
21
27
11
11
Mean (Average)
$75
$66
$47
$77
$153
$72
10th Percentile 10%
$11
$9
$15
$10
$26
$4
First Quartile 25%
$25
$19
$18
$35
$50
$8
Median (Midpoint)
$50
$50
$40
$60
$100
$40
Third Quartile 75%
$100
$100
$60
$100
$250
$150
90th Percentile 90%
$195
$195
$95
$184
$340
$230
Litigation-Trademark Opposition/Cancellation Inclusive, all costs (000s) by Type of Practice (Q38b)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
100
30
19
27
11
12
$138
$128
$76
$136
$269
$155
10th Percentile 10%
$25
$12
$25
$23
$33
$8
First Quartile 25%
$45
$35
$35
$75
$125
$28
Median (Midpoint)
$95
$75
$60
$100
$200
$80
Third Quartile 75%
$195
$185
$100
$200
$400
$231
90th Percentile 90%
$350
$350
$150
$310
$690
$520
Mean (Average)
AIPLA Report of the Economic Survey 2015 I-155
Total Costs: Litigation-Copyright Infringement by Location Litigation-Copyright Infringement $25M at Risk, Dispute Resolved Through Mediation (000s) by Location (Q39l) Location
Total Number of Respondents Mean (Average)
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
18
1
0
1
3
0
0
0
3
0
2
5
0
1
2
$153
ISD
ISD
ISD
$67
ISD
ISD
ISD
$187
ISD
ISD
$83
ISD
ISD
ISD
10th Percentile 10%
$24
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
First Quartile 25%
$48
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
$18
ISD
ISD
ISD
Median (Midpoint)
$100
ISD
ISD
ISD
$60
ISD
ISD
ISD
$200
ISD
ISD
$30
ISD
ISD
ISD
Third Quartile 75%
$253
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
$175
ISD
ISD
ISD
90th Percentile 90%
$455
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
AIPLA Report of the Economic Survey 2015 I-159
Total Costs: Litigation-Copyright Infringement by Type of Practice Litigation-Copyright Infringement $25M at Risk, Dispute Resolved Through Mediation (000s) by Type of Practice (Q39l)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
18
1
2
8
5
2
$153
ISD
ISD
$124
$85
ISD
10th Percentile 10%
$24
ISD
ISD
ISD
ISD
ISD
First Quartile 25%
$48
ISD
ISD
$56
$33
ISD
Median (Midpoint)
$100
ISD
ISD
$100
$60
ISD
Third Quartile 75%
$253
ISD
ISD
$226
$150
ISD
90th Percentile 90%
$455
ISD
ISD
ISD
ISD
ISD
Mean (Average)
AIPLA Report of the Economic Survey 2015 I-163
Copyright Infringement In your experience is there a strong correlation between the amount at risk in a copyright infringement action and the overall attorney hours required to litigate the action? (Q39B) In your experience is there a strong correlation between the amount at risk in a copyright infringement action and the overall attorney hours required to litigate the action? Yes All Individuals Location
No
Total Count
57.6%
42.4%
92
Boston CMSA
33.3%
66.7%
3
NYC CMSA
50.0%
50.0%
6
ISD
ISD
2
50.0%
50.0%
6
ISD
ISD
2
Metro South- east
60.0%
40.0%
5
Other South- east
57.1%
42.9%
7
Chicago CMSA
50.0%
50.0%
8
Phila CMSA Wash, DC CMSA Other East
Minne.- St. Paul PMSA
ISD
ISD
1
Other Central
47.6%
52.4%
21
Texas
72.7%
27.3%
11
L.A. CMSA
ISD
ISD
2
S.F. CMSA
57.1%
42.9%
7
Other West
72.7%
27.3%
11
AIPLA Report of the Economic Survey 2015 I-164
Copyright Infringement In your experience, how does the total cost of asserting a copyright infringement action compare to the total cost of defending such an action? (Q39C) In your experience, how does the total cost of asserting a copyright infringement action compare to the total cost of defending such an action?
Total
Cost of asserting is a percent of the cost of defending
Count
About the same All Individuals Location
81.2% Boston CMSA NYC CMSA
18.8%
85
100.0%
.0%
3
75.0%
25.0%
4
Phila CMSA
ISD
ISD
2
100.0%
.0%
6
ISD
ISD
1
Metro South- east
66.7%
33.3%
3
Other South- east
71.4%
28.6%
7
100.0%
.0%
8
ISD
ISD
1
Other Central
80.0%
20.0%
20
Texas
70.0%
30.0%
10
L.A. CMSA
ISD
ISD
2
S.F. CMSA
57.1%
42.9%
7
Other West
90.9%
9.1%
11
Wash, DC CMSA Other East
Chicago CMSA Minne.- St. Paul PMSA
Cost of asserting as a percent of the cost of defending (Q39Cx) Location
Total % of the cost of defending
Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
16
0
1
0
0
0
1
2
0
0
4
3
1
3
1
Mean (Average)
77.6%
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
71.3%
75.0%
ISD
86.7%
ISD
10th Percentile 10%
23.5%
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
First Quartile 25%
50.0%
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
Median (Midpoint)
62.5%
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
55.0%
75.0%
ISD
60.0%
ISD
Third Quartile 75%
115.0%
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
90th Percentile 90%
150.0%
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
AIPLA Report of the Economic Survey 2015 I-165
Total Costs: Litigation-Trade Secret Misappropriation by Location Litigation-Trade Secret Misappropriation $25M at Risk, Dispute Resolved Through Mediation (000s) by Location (Q40l) Location
Total Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
18
1
3
0
2
0
0
0
1
2
2
4
0
2
1
$149
ISD
$142
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
$78
ISD
ISD
ISD
$24
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
First Quartile 25%
$44
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
Median (Midpoint)
$113
ISD
$200
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
$25
ISD
ISD
ISD
Third Quartile 75%
$213
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
90th Percentile 90%
$410
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
Mean (Average) 10th Percentile 10%
AIPLA Report of the Economic Survey 2015 I-169
Total Costs: Litigation-Trade Secret Misappropriation by Type of Practice Litigation-Trade Secret Misappropriation $25M at Risk, Dispute Resolved Through Mediation (000s) by Type of Practice (Q40l)
Total Number of Respondents
1-3 Attorneys
4-15 Attorneys
16-59 Attorneys
60 or more Attorneys
All Corporate
18
1
1
10
4
2
$149
ISD
ISD
$127
$71
ISD
10th Percentile 10%
$24
ISD
ISD
$12
ISD
ISD
First Quartile 25%
$44
ISD
ISD
$44
ISD
ISD
Median (Midpoint)
$113
ISD
ISD
$113
$55
ISD
Third Quartile 75%
$213
ISD
ISD
$213
ISD
ISD
90th Percentile 90%
$410
ISD
ISD
$259
ISD
ISD
Mean (Average)
AIPLA Report of the Economic Survey 2015 I-173
Trade Secret Misappropriation In your experience is there a strong correlation between the amount at risk in a trade secret misappropriation action and the overall attorney hours required to litigate the action? (Q40B) In your experience is there a strong correlation between the amount at risk in a trade secret misappropriation action and the overall attorney hours required to litigate the action? Yes All Individuals Location
No
Total Count
68.3%
31.7%
82
Boston CMSA
60.0%
40.0%
5
NYC CMSA
70.0%
30.0%
10
ISD
ISD
2
Phila CMSA Wash, DC CMSA
66.7%
33.3%
6
Other East
ISD
ISD
2
Metro South- east
.0%
100.0%
3
Other South- east
75.0%
25.0%
4
Chicago CMSA
66.7%
33.3%
3
Minne.- St. Paul PMSA
80.0%
20.0%
5
Other Central
58.3%
41.7%
12
Texas
90.0%
10.0%
10
L.A. CMSA
ISD
ISD
2
S.F. CMSA
50.0%
50.0%
6
Other West
75.0%
25.0%
12
AIPLA Report of the Economic Survey 2015 I-174
Trade Secret Misappropriation In your experience, how does the total cost of asserting a trade secret misappropriation action compare to the total cost of defending such an action? (Q40C) In your experience, how does the total cost of asserting a trade secret misappropriation action compare to the total cost of defending such an action?
Total
Cost of asserting is a percent of the cost of defending
Count
About the same All Individuals Location
74.7%
25.3%
75
Boston CMSA
75.0%
25.0%
4
NYC CMSA
50.0%
50.0%
8
ISD
ISD
2
100.0%
.0%
6
Other East
ISD
ISD
2
Metro South- east
ISD
ISD
1
Other South- east
66.7%
33.3%
3
Chicago CMSA
66.7%
33.3%
3
Minne.- St. Paul PMSA
80.0%
20.0%
5
Other Central
84.6%
15.4%
13
Texas
Phila CMSA Wash, DC CMSA
70.0%
30.0%
10
L.A. CMSA
ISD
ISD
2
S.F. CMSA
66.7%
33.3%
6
Other West
80.0%
20.0%
10
Cost of asserting as a percent of the cost of defending (Q40Cx) Location
Total % of the cost of defending
Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
18
1
4
1
0
0
0
0
1
1
2
3
1
2
2
106.4%
ISD
137.5%
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
66.7%
ISD
ISD
ISD
10th Percentile 10%
48.5%
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
First Quartile 25%
65.0%
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
Median (Midpoint)
85.0%
ISD
100.0%
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
75.0%
ISD
ISD
ISD
Third Quartile 75%
125.0%
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
90th Percentile 90%
210.0%
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
ISD
Mean (Average)
AIPLA Report of the Economic Survey 2015 I-175
Mediation/Arbitration In your experience, how does the total cost of resolving a dispute through arbitration compare to resolving a comparable dispute through litigation? (Q41) In your experience, how does the total cost of resolving a dispute through arbitration compare to resolving a comparable dispute through litigation?
Total
Cost of arbitration is a percent of the cost of litigation
Count
About the same All Individuals Location
31.2%
68.8%
199
Boston CMSA
8.3%
91.7%
12
NYC CMSA
54.5%
45.5%
11
Phila CMSA
11.1%
88.9%
9
Wash, DC CMSA
35.3%
64.7%
17
Other East
30.0%
70.0%
10
Metro South- east
25.0%
75.0%
12
Other South- east
22.2%
77.8%
9
Chicago CMSA
33.3%
66.7%
12
Minne.- St. Paul PMSA
22.2%
77.8%
9
Other Central
41.5%
58.5%
41
Texas
43.8%
56.3%
16
L.A. CMSA
33.3%
66.7%
9
S.F. CMSA
18.2%
81.8%
11
Other West
23.8%
76.2%
21
Cost of arbitration as a percent of the cost of litigation (Q41x) Location
Total % of the cost of litigation
Number of Respondents
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Chicago CMSA
Minne.St. Paul PMSA
Other Central
L.A. CMSA
Texas
S.F. CMSA
Other West
131
11
4
8
10
7
9
6
8
7
24
9
6
8
14
Mean (Average)
56.2%
59.1%
63.8%
61.3%
41.0%
45.7%
52.8%
61.7%
42.5%
55.0%
49.8%
69.4%
60.8%
83.1%
58.2%
10th Percentile 10%
21.0%
22.6%
ISD
ISD
15.0%
ISD
ISD
ISD
ISD
ISD
25.0%
ISD
ISD
ISD
15.0%
First Quartile 25%
30.0%
40.0%
ISD
50.0%
18.8%
25.0%
27.5%
42.5%
17.5%
40.0%
30.0%
60.0%
30.0%
50.0%
28.8%
Median (Midpoint)
50.0%
67.0%
62.5%
70.0%
45.0%
40.0%
60.0%
55.0%
37.5%
60.0%
50.0%
70.0%
52.5%
60.0%
50.0%
Third Quartile 75%
75.0%
75.0%
ISD
73.8%
57.5%
75.0%
72.5%
80.0%
68.8%
75.0%
68.8%
80.0%
90.0%
111.3%
75.0%
90th Percentile 90%
84.0%
83.0%
ISD
ISD
74.0%
ISD
ISD
ISD
ISD
ISD
75.0%
ISD
ISD
ISD
155.0%
AIPLA Report of the Economic Survey 2015 I-176
Mediation/Arbitration How frequently was the mediation/arbitration initiated by each of the following means in 2013 or 2014? (Q42) Location
Total Based on terms of a contract
Mandated by court
Voluntarily by parties
Other
TOTAL
Number of Firms Reporting
Boston CMSA
NYC CMSA
Phila CMSA
Wash, DC CMSA
Metro Southeast
Other East
Other Southeast
Minne.St. Paul PMSA
Chicago CMSA
Other Central
Texas
L.A. CMSA
S.F. CMSA
Other West
141
7
8
6
11
6
7
6
9
8
30
12
4
9
18
28.8%
45.7%
16.3%
51.7%
36.4%
29.2%
33.6%
3.0%
33.9%
25.0%
28.0%
15.4%
.0%
35.3%
34.7%
Median (Midpoint)
.0%
20.0%
.0%
60.0%
.0%
.0%
10.0%
.0%
.0%
.0%
.0%
.0%
.0%
25.0%
.0%
Number of Firms Reporting
141
7
8
6
11
6
7
6
9
8
30
12
4
9
18
Mean (Average)
45.9%
21.4%
48.1%
35.0%
50.0%
56.7%
44.3%
79.5%
37.2%
65.6%
45.9%
67.9%
70.0%
46.4%
16.7%
Median (Midpoint)
50.0%
.0%
50.0%
27.5%
50.0%
70.0%
50.0%
95.0%
15.0%
87.5%
50.0%
90.0%
90.0%
50.0%
.0%
141
7
8
6
11
6
7
6
9
8
30
12
4
9
18
24.7%
32.9%
35.6%
13.3%
13.6%
14.2%
22.1%
17.5%
25.6%
9.4%
24.5%
16.7%
30.0%
18.2%
48.6%
Median (Midpoint)
.0%
5.0%
32.5%
2.5%
.0%
.0%
10.0%
.0%
.0%
.0%
.0%
.0%
10.0%
5.0%
50.0%
Number of Firms Reporting
141
7
8
6
11
6
7
6
9
8
30
12
4
9
18
Mean (Average)
.6%
.0%
.0%
.0%
.0%
.0%
.0%
.0%
3.3%
.0%
1.7%
.0%
.0%
.0%
.0%
Median (Midpoint)
.0%
.0%
.0%
.0%
.0%
.0%
.0%
.0%
.0%
.0%
.0%
.0%
.0%
.0%
.0%
Number of Firms Reporting
141
7
8
6
11
6
7
6
9
8
30
12
4
9
18
Mean (Average)
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
Median (Midpoint)
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
Mean (Average)
Number of Firms Reporting Mean (Average)
AIPLA Report of the Economic Survey 2015 I-177
Firm Data
Background Total
All Firms One Two Number of Attorneys
3-5 6-10 11-30 31-100 101 or More
Number of Major Office Locations
One
Percent of Practice That is IP
75% or More
Multiple Less than 75% Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West
Percent 100.0% 9.7% 7.9% 14.4% 13.9% 21.3% 16.2% 16.7% 67.3% 32.7% 82.7% 17.3% 5.4% 7.6% 2.2% 16.6% 2.7% 3.6% 5.4% 8.1% 4.5% 17.9% 6.3% 2.7% 5.4% 11.7%
Number of Firms Reporting 223 21 17 31 30 46 35 36 142 69 158 33 12 17 5 37 6 8 12 18 10 40 14 6 12 26
AIPLA Report of the Economic Survey 2015 F-1
Position of the Person Responding on Behalf of the Firm (Q1)
All Firms One Two Number of Attorneys
3-5 6-10 11-30 31-100 101 or More
Number of Major Office Locations
One
Percent of Practice That is IP
75% or More
Multiple Less than 75% Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West
Position of the person responding on behalf of the firm Managing Other Partner/ Administrator Position Shareholder 50.2% 22.9% 26.9% 85.7% .0% 14.3% 64.7% 17.6% 17.6% 87.1% 3.2% 9.7% 70.0% 13.3% 16.7% 30.4% 43.5% 26.1% 20.0% 34.3% 45.7% 30.6% 30.6% 38.9% 57.7% 22.5% 19.7% 30.4% 27.5% 42.0% 57.0% 22.8% 20.3% 42.4% 21.2% 36.4% 41.7% 25.0% 33.3% 64.7% 23.5% 11.8% 40.0% 20.0% 40.0% 54.1% 18.9% 27.0% 83.3% 16.7% .0% 25.0% 50.0% 25.0% 66.7% 16.7% 16.7% 61.1% 11.1% 27.8% 50.0% 30.0% 20.0% 37.5% 27.5% 35.0% 64.3% 14.3% 21.4% 33.3% .0% 66.7% 33.3% 25.0% 41.7% 50.0% 30.8% 19.2%
Number of major office locations in 2014 by size of firm (Q3)
Number of Attorneys in Firm All Firms One How many major office locations-staffed by two or more partners-did this firm have in 2014?
Two 3-5 6-10 11-30 31-100 101 or More
Number of Firms Reporting 204 14 16 29 30 45 34 36
Mean (Average) 2.9 1.0 1.0 1.0 1.2 1.2 2.0 10.6
AIPLA Report of the Economic Survey 2015 F-2
Total Number of Firms Reporting 223 21 17 31 30 46 35 36 142 69 158 33 12 17 5 37 6 8 12 18 10 40 14 6 12 26
Number of attorneys in the firm in 2014 by size of firm (Q4)
Number of Attorneys in Firm Partner/Shareholder All Firms
Associate Of Counsel Contract/Part-time Total Attorneys
One
Partner/Shareholder Total Attorneys Partner/Shareholder Associate
Two
Of Counsel Contract/Part-time Total Attorneys Partner/Shareholder Associate
3-5
Of Counsel Contract/Part-time Total Attorneys Partner/Shareholder Associate
6-10
Of Counsel Contract/Part-time Total Attorneys Partner/Shareholder Associate
11-30
Of Counsel Contract/Part-time Total Attorneys Partner/Shareholder Associate
31-100
Of Counsel Contract/Part-time Total Attorneys Partner/Shareholder
101 or More
Associate Of Counsel Contract/Part-time Total Attorneys
Number of Firms Reporting 214 168 131 62 216 21 21 17 4 3 3 17 29 18 16 9 31 30 30 15 4 30 46 45 31 15 46 35 35 33 11 35 36 36 33 20 36
Mean (Average) 35.1 65.8 10.5 15.0 96.6 1.0 1.0 1.4 1.0 1.0 1.0 2.0 1.8 1.7 1.3 1.6 3.8 2.7 4.4 1.7 1.3 8.2 6.5 9.4 2.6 2.5 18.3 22.6 26.7 4.1 4.2 54.4 173.5 264.7 33.6 41.1 491.9
First Quartile 25% 2.0 4.0 1.0 1.8 4.0 1.0 1.0 1.0 1.0 ISD ISD 2.0 1.0 1.0 1.0 1.0 3.0 2.0 3.0 1.0 1.0 7.0 3.0 5.5 1.0 1.0 14.8 14.0 15.0 1.5 2.0 38.0 82.0 84.0 8.5 10.0 191.8
AIPLA Report of the Economic Survey 2015 F-3
Median (Midpoint) 4.0 11.0 2.0 2.0 13.5 1.0 1.0 1.0 1.0 1.0 1.0 2.0 2.0 1.0 1.0 2.0 4.0 2.0 4.0 1.0 1.0 8.0 7.0 10.0 2.0 2.0 17.0 20.0 24.0 2.0 3.0 46.0 161.5 206.0 25.0 20.0 406.7
Third Quartile 75% 20.0 39.0 7.0 10.0 46.0 1.0 1.0 2.0 1.0 ISD ISD 2.0 2.0 2.0 1.8 2.0 4.0 3.3 6.0 2.5 1.8 10.0 9.3 12.0 4.0 3.0 21.0 31.0 36.0 5.2 5.0 72.0 248.5 356.3 52.0 77.8 677.0
Number of attorneys whose practice is primarily IP in the firm in 2014 by size of firm (Q5)
Number of Attorneys in Firm Partner/Shareholder All Firms
Associate Of Counsel Contract/Part-time Total IP Attorneys
One
Partner/Shareholder Total IP Attorneys Partner/Shareholder Associate
Two
Of Counsel Contract/Part-time Total IP Attorneys Partner/Shareholder Associate
3-5
Of Counsel Contract/Part-time Total IP Attorneys Partner/Shareholder Associate
6-10
Of Counsel Contract/Part-time Total IP Attorneys Partner/Shareholder Associate
11-30
Of Counsel Contract/Part-time Total IP Attorneys Partner/Shareholder Associate
31-100
Of Counsel Contract/Part-time Total IP Attorneys Partner/Shareholder
101 or More
Associate Of Counsel Contract/Part-time Total IP Attorneys
Number of Firms Reporting 211 166 114 49 215 21 21 17 4 3 3 17 29 18 15 8 31 30 30 14 3 30 46 45 31 14 46 34 34 28 8 35 34 35 23 13 35
Mean (Average) 9.7 17.4 3.2 3.3 25.4 1.0 1.0 1.4 1.0 1.0 1.0 1.9 1.7 1.3 1.2 1.6 3.4 2.7 4.4 1.5 1.0 7.8 6.4 9.4 2.4 2.4 18.0 18.4 23.9 3.1 3.1 44.3 27.8 42.4 7.3 6.5 76.6
First Quartile 25% 1.0 3.0 1.0 1.0 3.0 1.0 1.0 1.0 1.0 ISD ISD 2.0 1.0 1.0 1.0 1.0 3.0 2.0 3.0 1.0 ISD 6.8 3.0 5.5 1.0 1.8 14.0 7.0 13.3 1.0 2.0 33.0 8.5 11.0 2.0 1.0 21.0
AIPLA Report of the Economic Survey 2015 F-4
Median (Midpoint) 3.0 8.0 2.0 2.0 10.0 1.0 1.0 1.0 1.0 1.0 1.0 2.0 2.0 1.0 1.0 2.0 3.0 2.0 4.0 1.0 1.0 8.0 7.0 10.0 2.0 2.0 17.0 15.5 23.0 2.0 2.5 44.0 16.7 30.0 4.0 2.0 53.9
Third Quartile 75% 11.0 21.5 4.0 3.0 30.3 1.0 1.0 2.0 1.0 ISD ISD 2.0 2.0 2.0 1.0 2.0 4.0 3.0 6.0 2.1 ISD 10.0 9.0 12.0 4.0 2.3 21.0 28.3 33.0 3.8 4.5 55.0 36.3 54.0 10.0 9.5 103.0
Number of agents and assistants involved primarily in the IP practice of the firm in 2014 by size of firm (Q6)
Number of Attorneys in Firm All Firms One Two USPTO-registered Patent Agents (not attorneys)
3-5 6-10 11-30 31-100 101 or More All Firms
Technical Assistants, including Searchers
3-5 6-10 11-30 31-100 101 or More All Firms One Two
Paralegal/Legal Assistants
3-5 6-10 11-30 31-100 101 or More
Number of Firms Reporting 108 2 4 12 11 24 27 28 62 4 9 14 17 14 173 7 12 23 26 41 33 31
Mean (Average) 5.5 ISD 1.3 2.0 3.0 3.3 6.5 9.6 4.2 1.0 1.4 3.4 3.6 9.0 8.8 1.1 1.3 2.4 3.6 7.4 17.1 15.3
First Quartile 25% 1.0 ISD 1.0 1.0 1.0 1.0 2.0 2.0 1.0 1.0 1.0 1.0 1.0 2.1 2.0 1.0 1.0 1.0 2.0 3.0 3.0 4.0
AIPLA Report of the Economic Survey 2015 F-5
Median (Midpoint) 2.0 ISD 1.0 1.0 1.0 2.0 4.0 4.0 2.0 1.0 1.0 1.0 4.0 4.0 4.0 1.0 1.0 2.0 3.0 6.0 12.0 11.0
Third Quartile 75% 5.0 ISD 1.8 3.0 4.0 3.8 8.0 11.5 5.0 1.0 2.0 4.3 5.0 17.3 11.0 1.0 1.8 3.0 5.0 10.0 29.5 22.0
Number of attorneys whose practice is primarily IP law who joined the firm in 2014 by size of firm (Q7)
Number of Attorneys in Firm Partner/Shareholder Associate All Firms
Of Counsel Contract/Part-time Patent Agents or trainees Total IP Attorneys
One Two
Partner/Shareholder Total IP Attorneys Partner/Shareholder Total IP Attorneys Partner/Shareholder
3-5
Associate Contract/Part-time Total IP Attorneys Partner/Shareholder Associate
6-10
Of Counsel Patent Agents or trainees Total IP Attorneys Partner/Shareholder Associate
11-30
Of Counsel Contract/Part-time Patent Agents or trainees Total IP Attorneys Partner/Shareholder Associate
31-100
Of Counsel Contract/Part-time Patent Agents or trainees Total IP Attorneys Partner/Shareholder Associate
101 or More
Of Counsel Contract/Part-time Patent Agents or trainees Total IP Attorneys
Number of Firms Reporting 31 114 38 25 47 141 3 3 4 6 4 9 4 17 3 17 6 4 20 3 31 6 5 7 35 3 28 11 7 16 30 11 28 13 6 16 30
Mean (Average) 3.6 5.0 1.9 1.5 2.4 6.5 4.3 4.3 1.3 1.5 1.5 1.1 1.3 1.5 3.3 2.1 1.1 1.3 2.9 1.7 2.5 1.3 2.0 1.7 3.2 6.7 5.6 1.5 1.6 2.6 8.2 4.9 10.4 3.0 1.3 3.2 14.8
First Quartile 25% 1.0 1.0 1.0 1.0 1.0 2.0 ISD ISD 1.0 1.0 1.0 1.0 1.0 1.0 ISD 1.0 .9 1.0 2.0 1.0 1.0 1.0 1.0 1.0 1.0 ISD 2.3 1.0 1.0 1.0 3.0 1.0 3.0 1.0 1.0 1.0 4.0
AIPLA Report of the Economic Survey 2015 F-6
Median (Midpoint) 2.0 3.0 1.0 1.0 1.0 3.0 1.0 1.0 1.0 1.5 1.5 1.0 1.0 1.0 3.0 2.0 1.0 1.0 2.0 1.0 2.0 1.0 2.0 1.0 2.0 4.0 4.0 1.0 2.0 1.5 6.0 2.0 5.5 1.0 1.0 2.0 8.0
Third Quartile 75% 3.7 5.0 2.0 2.0 3.0 7.0 ISD ISD 1.8 2.0 2.0 1.0 1.8 2.0 ISD 3.0 1.3 1.8 3.8 . 3.0 2.0 3.0 2.0 4.0 ISD 6.8 2.0 2.0 3.8 9.5 6.0 12.0 4.0 2.0 5.5 15.0
Percentage of attorneys hired through a recruiter (head hunter) by size of firm (Q8)
Number of Attorneys in Firm Percent All Firms Number of Firms Reporting Two 3-5 6-10 11-30 31-100 101 or More
Percent Number of Firms Reporting Percent Number of Firms Reporting Percent Number of Firms Reporting Percent Number of Firms Reporting Percent Number of Firms Reporting Percent Number of Firms Reporting
Percentage were hired through a recruiter (head hunter) in 2014? Less than 25% - 49% 50% - 74% 75% or more 25% 85.4% 10.1% 2.5% 1.9% 135 16 4 3 100.0% .0% .0% .0% 10 0 0 0 100.0% .0% .0% .0% 24 0 0 0 92.3% 3.8% .0% 3.8% 24 1 0 1 87.2% 10.3% 2.6% .0% 34 4 1 0 75.8% 18.2% .0% 6.1% 25 6 0 2 69.2% 19.2% 11.5% .0% 18 5 3 0
Average fee paid to recruiter as a % of salary by size of firm (Q9) Number of Attorneys in Firm All Firms 11-30 31-100 101 or More
Number of Firms Reporting 44 10 15 15
Average fee paid to recruiter % of salary First Mean Median Quartile (Average) (Midpoint) 25% 21.9% 20.0% 21.3% 19.5% 16.9% 20.0% 23.2% 20.0% 25.0% 22.3% 20.0% 25.0%
Third Quartile 75% 25.0% 21.3% 25.0% 25.0%
AIPLA Report of the Economic Survey 2015 F-7
Number of attorneys whose practice is primarily IP law who left the firm (including retired) in 2014 by size of firm (Q10)
Number of Attorneys in Firm Partner/Shareholder Associate All Firms
Of Counsel Contract/Part-time Patent Agents or trainees Total IP Attorneys Associate
3-5
Patent Agents or trainees Total IP Attorneys Associate
6-10
Of Counsel Contract/Part-time Total IP Attorneys Partner/Shareholder Associate
11-30
Of Counsel Patent Agents or trainees Total IP Attorneys Partner/Shareholder Associate
31-100
Of Counsel Patent Agents or trainees Total IP Attorneys Partner/Shareholder Associate
101 or More
Of Counsel Contract/Part-time Patent Agents or trainees Total IP Attorneys
Number of Firms Reporting 36 86 27 12 25 113 3 3 9 12 4 3 17 5 22 7 3 32 10 26 6 10 30 18 22 9 4 9 23
Mean (Average) 1.8 3.2 1.6 1.8 1.7 4.0 1.3 1.3 1.4 1.3 1.0 1.0 1.4 1.0 1.8 1.6 3.0 2.1 1.3 3.1 1.5 1.6 4.0 2.5 6.0 1.9 3.3 1.6 9.6
First Quartile 25% 1.0 1.0 1.0 1.0 1.0 1.0 ISD ISD 1.0 1.0 1.0 ISD 1.0 1.0 1.0 1.0 ISD 1.0 1.0 1.0 1.0 1.0 2.0 1.0 2.0 1.0 1.3 1.0 3.0
AIPLA Report of the Economic Survey 2015 F-8
Median (Midpoint) 1.0 2.0 1.0 1.0 1.0 2.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.5 1.0 2.0 1.5 1.0 2.5 1.0 1.0 3.0 2.0 4.5 1.0 3.5 2.0 8.0
Third Quartile 75% 2.0 3.6 2.0 2.0 2.0 4.0 ISD ISD 2.0 2.0 1.0 ISD 2.0 1.0 2.3 2.0 ISD 3.0 1.3 4.0 2.3 1.3 5.3 3.0 8.0 3.0 5.0 2.0 16.0
Number of attorneys and agents, by gender and size of firm, whose practice is primarily IP law in the firm in 2014 (Q11)
Number of Attorneys in Firm Male All Female Firms Total IP Attorneys
Number of Firms Reporting
212
Male One
Female Total IP Attorneys
20
Male Two
Female Total IP Attorneys
17
Male 3-5
Female Total IP Attorneys
31
Male 6-10
Female Total IP Attorneys
30
Male 11-30
Female Total IP Attorneys
46
Male 31-100
Female Total IP Attorneys
101 or More
35
Male Female Total IP Attorneys
33
Mean (Average) 19.7 7.4 27.1 .7 .3 1.0 1.5 .6 2.1 2.8 .9 3.6 8.6 2.6 11.2 15.0 3.5 18.5 36.8 10.9 47.6 55.1 27.7 82.8
First Quartile 25% 2.0 1.0 3.0 .0 .0 1.0 1.0 .0 2.0 2.0 .0 3.0 5.0 1.0 7.0 11.0 1.0 13.0 25.0 5.0 35.0 16.5 4.0 20.5
Median (Midpoint) 8.0 2.0 10.0 1.0 .0 1.0 2.0 .0 2.0 3.0 1.0 4.0 6.0 2.0 8.0 14.0 3.0 17.5 35.0 8.0 44.0 39.0 16.0 56.9
AIPLA Report of the Economic Survey 2015 F-9
Third Quartile 75% 24.8 6.0 32.0 1.0 1.0 1.0 2.0 1.0 2.0 4.0 2.0 4.0 8.0 3.0 10.0 19.0 5.0 21.0 46.0 17.0 58.0 85.5 33.5 122.5
Number of attorneys and agents, by ethnicity and size of firm, whose practice is primarily IP law in the firm in 2014 (Q12)
Number of Attorneys in Firm White/Caucasian
Number of Firms Reporting
Black/African American Hispanic/Latino All Firms
Asian/Pacific Islander North American Indian/Native Canadian Blended Other Total IP Attorneys
202
White/Caucasian Black/African American Hispanic/Latino Asian/Pacific Islander One
North American Indian/Native Canadian Blended Other Total IP Attorneys
20
White/Caucasian Black/African American Hispanic/Latino Asian/Pacific Islander Two
North American Indian/Native Canadian Blended Other Total IP Attorneys
17
White/Caucasian Black/African American Hispanic/Latino Asian/Pacific Islander 3-5
North American Indian/Native Canadian Blended Other Total IP Attorneys
31
White/Caucasian Black/African American Hispanic/Latino Asian/Pacific Islander 6-10
North American Indian/Native Canadian Blended Other Total IP Attorneys
30
White/Caucasian Black/African American Hispanic/Latino Asian/Pacific Islander 11-30
North American Indian/Native Canadian Blended Other Total IP Attorneys
41
White/Caucasian Black/African American Hispanic/Latino Asian/Pacific Islander 31-100
North American Indian/Native Canadian Blended Other Total IP Attorneys
34
White/Caucasian Black/African American Hispanic/Latino 101 or More
Asian/Pacific Islander North American Indian/Native Canadian Blended Other Total IP Attorneys
29
Mean (Average) 21.4 .5 .4 2.9
First Quartile 25% 2.8 .0 .0 .0
Median (Midpoint) 8.0 .0 .0 .0
Third Quartile 75% 23.3 .0 .0 2.0
.1
.0
.0
.0
.3 .2 25.8 1.0 .0 .1 .0
.0 .0 3.0 1.0 .0 .0 .0
.0 .0 10.0 1.0 .0 .0 .0
.0 .0 28.5 1.0 .0 .0 .0
.0
.0
.0
.0
.0 .0 1.0 1.9 .2 .0 .1
.0 .0 1.0 1.5 .0 .0 .0
.0 .0 1.0 2.0 .0 .0 .0
.0 .0 1.0 2.0 .0 .0 .0
.0
.0
.0
.0
.0 .0 2.1 3.1 .1 .1 .4
.0 .0 2.0 2.0 .0 .0 .0
.0 .0 2.0 3.0 .0 .0 .0
.0 .0 2.0 4.0 .0 .0 .0
.0
.0
.0
.0
.0 .1 3.7 6.9 .2 .1 .7
.0 .0 3.0 5.0 .0 .0 .0
.0 .0 4.0 7.0 .0 .0 .0
.0 .0 4.0 8.3 .0 .0 1.0
.0
.0
.0
.0
.1 .0 8.0 17.2 .3 .4 1.4
.0 .0 7.0 11.0 .0 .0 .0
.0 .0 8.0 15.0 .0 .0 .0
.0 .0 10.0 20.0 .0 1.0 1.5
.0
.0
.0
.0
.2 .1 19.7 42.6 .8 .6 5.0
.0 .0 13.0 29.8 .0 .0 1.0
.0 .0 17.0 39.0 .0 .0 2.0
.0 .0 21.0 55.0 1.0 1.0 9.3
.1
.0
.0
.0
.4 .7 50.2 62.7 1.5 1.7 11.0
.0 .0 35.4 18.5 .0 .0 .5
.0 .0 45.0 41.0 1.0 1.0 5.0
.0 .0 60.0 85.5 2.0 3.0 12.5
.3
.0
.0
.0
1.2 .3 78.7
.0 .0 20.0
.0 .0 51.0
2.5 .0 98.5
AIPLA Report of the Economic Survey 2015 F-10
Distribution of support staff by size of firm in 2014 (Q13) Number of Attorneys in Firm Percent All Firms Number of Firms Reporting One Two 3-5 6-10 11-30 31-100 101 or More
Percent Number of Firms Reporting Percent Number of Firms Reporting Percent Number of Firms Reporting Percent Number of Firms Reporting Percent Number of Firms Reporting Percent Number of Firms Reporting Percent Number of Firms Reporting
One 12.9% 23 100.0% 5 58.3% 7 19.2% 5 6.9% 2 4.4% 2 3.0% 1 3.6% 1
Secretarial, clerical, and other non-billable staff devoted primarily to IP Two Three 4-5 6-10 11-20 12.4% 7.3% 9.6% 16.9% 12.9% 22 13 17 30 23 .0% .0% .0% .0% .0% 0 0 0 0 0 41.7% .0% .0% .0% .0% 5 0 0 0 0 34.6% 26.9% 11.5% 7.7% .0% 9 7 3 2 0 10.3% 6.9% 41.4% 27.6% 6.9% 3 2 12 8 2 4.4% 2.2% 4.4% 37.8% 26.7% 2 1 2 17 12 6.1% 6.1% .0% .0% 9.1% 2 2 0 0 3 3.6% 3.6% .0% 10.7% 21.4% 1 1 0 3 6
Number of support staff by size of firm in 2014 (Q13)
Number of Attorneys in Firm All Firms One Two 3-5 6-10 11-30 31-100 101 or More
Number of support staff (secretarial, clerical, and other non-billable staff) devoted primarily to the support of the IP practice were in the firm in 2014 Number of First Third Mean Median Firms Quartile Quartile (Average) (Midpoint) Reporting 25% 75% 179 24.6 2.0 7.0 23.0 5 1.0 1.0 1.0 1.0 12 1.4 1.0 1.0 2.0 26 2.7 2.0 2.0 3.0 29 5.4 3.5 5.0 7.0 45 14.4 6.5 10.0 19.5 33 52.1 19.5 35.0 65.0 28 62.6 13.0 22.5 57.3
Number of support staff per IP attorney by size of firm (Q13) Number of Attorneys in Firm All Firms One Two 3-5 6-10 11-30 31-100 101 or More
Number of Firms Reporting 179 5 12 26 29 45 33 28
Support Staff per IP Attorney First Mean Median Quartile (Average) (Midpoint) 25% .8 .5 .7 1.0 1.0 1.0 .7 .5 .5 .8 .6 .7 .7 .4 .7 .7 .4 .6 1.0 .7 .8 .6 .4 .5
Third Quartile 75% .9 1.0 1.0 .8 .8 .9 1.1 .7
AIPLA Report of the Economic Survey 2015 F-11
21 or More 28.1% 50 .0% 0 .0% 0 .0% 0 .0% 0 20.0% 9 75.8% 25 57.1% 16
Number of summer associates by size of firm in 2014 (Q14-Q16)
Number of Attorneys in Firm All Firms How many 3-5 summer 6-10 associates did you 11-30 have during 31-100 2014? 101 or More How many of these summer associates received full-time offers? How many summer associates accepted your firms offer?
All Firms 3-5 6-10 11-30 31-100 101 or More All Firms 3-5 6-10 11-30 31-100 101 or More
Number of Firms Reporting 83 5 5 23 25 22 83 5 5 23 25 22 83 5 5 23 25 22
Mean (Average) 7.4 1.2 1.2 2.3 3.3 21.0 5.5 .6 .6 1.0 1.3 18.0 4.5 .6 .4 .8 1.0 14.6
First Quartile 25% 1.0 1.0 1.0 1.0 2.0 6.8 .0 .0 .0 .0 .0 3.5 .0 .0 .0 .0 .0 1.8
Median (Midpoint) 2.0 1.0 1.0 2.0 3.0 15.0 1.0 1.0 1.0 1.0 1.0 12.0 1.0 1.0 .0 .0 1.0 12.0
Monthly pay for summer associates by size of firm (Q17) Number of Attorneys in Firm All Firms 3-5 6-10 11-30 31-100 101 or More
Number of Firms Reporting 69 3 5 21 21 14
Monthly pay for summer associates First Mean Median Quartile (Average) (Midpoint) 25% $7,323 $4,000 $8,000 $3,533 ISD $4,000 $5,480 $2,400 $5,000 $5,848 $3,000 $6,000 $8,211 $4,750 $8,667 $9,939 $7,800 $10,950
Third Quartile 75% $10,055 ISD $8,800 $8,000 $10,825 $13,333
AIPLA Report of the Economic Survey 2015 F-12
Third Quartile 75% 6.0 1.5 1.5 3.0 5.0 27.0 3.0 1.0 1.0 2.0 2.0 25.0 2.0 1.0 1.0 1.0 1.5 19.8
Percent of firm's activities were outsourced to an external provider by size of firm (Q18-Q19)
Number of Attorneys in Firm All Firms One What percent of your firm's international filing is outsourced to an external provider?
Two 3-5 6-10 11-30 31-100 101 or More All Firms One
What percent of your firm's annuity payments are outsourced to an external provider?
Two 3-5 6-10 11-30 31-100 101 or More
Number of Firms Reporting 81 6 8 15 12 18 12 10 113 3 8 16 19 31 20 16
Mean (Average) 87.1% 76.7% 86.3% 85.0% 92.9% 88.9% 85.4% 88.7% 83.3% 100.0% 83.8% 85.6% 80.1% 87.2% 91.2% 64.3%
First Quartile 25% 90.0% 40.0% 85.0% 90.0% 92.5% 95.0% 82.5% 92.8% 80.0% ISD 76.3% 91.3% 80.0% 85.0% 95.8% 38.8%
Median (Midpoint) 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 96.0% 100.0% 100.0% 70.0%
Third Quartile 75% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% ISD 100.0% 100.0% 100.0% 100.0% 100.0% 96.3%
Percent of firm's billings in IP law by size of firm (Q20-Q21)
Number of Attorneys in Firm All Firms One What percent of this firm's practice by billings is in IP law?
Two 3-5 6-10 11-30 31-100 101 or More All Firms
Approximately what percent of the firm's billable IP hours in 2014 were actually billed to clients (hourly or other basis)?
One Two 3-5 6-10 11-30 31-100 101 or More
Number of Firms Reporting 189 20 17 28 28 43 30 23 182 19 17 28 28 39 30 21
Mean (Average) 86.2% 95.8% 96.0% 94.1% 94.2% 98.3% 86.7% 28.1% 91.2% 90.0% 93.8% 95.0% 90.0% 90.9% 90.4% 88.1%
First Quartile 25% 98.8% 100.0% 100.0% 99.0% 100.0% 100.0% 97.0% 6.5% 89.0% 90.0% 89.0% 94.3% 90.0% 85.0% 89.0% 87.5%
Median (Midpoint) 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 11.0% 95.0% 97.0% 95.0% 96.5% 95.0% 91.0% 91.0% 91.0%
AIPLA Report of the Economic Survey 2015 F-13
Third Quartile 75% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 25.4% 98.0% 100.0% 100.0% 100.0% 98.8% 95.0% 95.3% 97.0%
Allocation of firm's IP billings by size of firm and type of work (Q22-Q23)
Number of Attorneys in Firm All Firms One What percent of the firm's 2014 IP billings were for litigation?
Two 3-5 6-10 11-30 31-100 101 or More All Firms One
What percent of the firm's 2014 IP billings were for patent applications and prosecution?
Two 3-5 6-10 11-30 31-100 101 or More All Firms
What percent of the firm's 2014 IP billings were for trademark registration applications and prosecution?
One Two 3-5 6-10 11-30 31-100 101 or More All Firms
What percent of the firm's 2014 IP billings were for copyright registration applications?
One Two 3-5 6-10 11-30 31-100 101 or More All Firms One
What percent of the firm's 2014 IP billings were from licensing?
Two 3-5 6-10 11-30 31-100 101 or More All Firms One
What percent of the firm's 2014 IP billings were for other IP work?
Two 3-5 6-10 11-30 31-100 101 or More
Number of Firms Reporting 187 21 17 30 28 39 29 23 187 21 17 30 28 39 29 23 187 21 17 30 28 39 29 23 187 21 17 30 28 39 29 23 187 21 17 30 28 39 29 23 187 21 17 30 28 39 29 23
Mean (Average) 15.1% 13.8% 13.9% 7.4% 14.6% 14.1% 17.3% 26.6% 55.7% 53.4% 50.4% 66.8% 61.0% 57.8% 55.7% 37.3% 10.5% 10.7% 18.4% 11.0% 8.7% 8.5% 9.2% 10.7% 1.2% .5% 1.8% 1.1% 1.0% .8% 1.4% 1.9% 3.0% 5.0% 3.6% 3.0% 3.0% 2.0% 2.1% 3.8% 14.5% 16.6% 11.8% 10.8% 11.7% 16.7% 14.2% 19.6%
First Quartile 25% .0% .0% .0% .0% .0% .0% 9.1% 9.2% 38.5% 5.0% 1.6% 45.0% 38.8% 46.2% 42.9% 17.9% 2.8% .5% 4.2% 2.9% 4.5% 2.0% 2.6% 5.0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% .0% 2.7% 3.0% .0% 1.8% 1.0% 3.0% 4.2% 9.0%
Median (Midpoint) 9.1% .0% 2.9% .5% 1.5% 12.7% 13.8% 25.0% 60.0% 70.0% 69.6% 67.3% 72.5% 58.5% 57.1% 38.0% 7.0% 10.0% 17.2% 8.9% 5.0% 5.0% 4.0% 10.0% .0% .0% .0% .0% .0% .0% .6% .9% 1.0% .0% 2.9% 1.5% 1.0% .8% .9% 2.7% 9.1% 5.0% 5.0% 5.7% 4.8% 10.0% 13.0% 17.1%
AIPLA Report of the Economic Survey 2015 F-14
Third Quartile 75% 20.0% 14.4% 16.3% 13.0% 30.8% 20.0% 26.6% 43.0% 80.0% 85.4% 80.0% 90.0% 85.5% 80.0% 68.9% 58.0% 15.4% 18.9% 25.0% 18.6% 15.0% 11.5% 16.4% 15.0% 1.0% .0% 3.3% 1.0% 1.7% .9% 1.0% 1.8% 4.5% 3.5% 6.5% 4.7% 3.7% 3.8% 2.6% 7.7% 19.5% 25.9% 13.4% 10.0% 15.0% 22.9% 20.9% 30.0%
Allocation of firm's IP billings, by size of firm and type of work (Q22-Q23) IP law is 75% or more of practice
Number of Attorneys in Firm All Firms One What percent of the firm's 2014 IP billings were for litigation?
Two 3-5 6-10 11-30 31-100 101 or More All Firms One
What percent of the firm's 2014 IP billings were for patent applications and prosecution?
Two 3-5 6-10 11-30 31-100 101 or More All Firms
What percent of the firm's 2014 IP billings were for trademark registration applications and prosecution?
One Two 3-5 6-10 11-30 31-100 101 or More All Firms
What percent of the firm's 2014 IP billings were for copyright registration applications?
One Two 3-5 6-10 11-30 31-100 101 or More All Firms One
What percent of the firm's 2014 IP billings were from licensing?
Two 3-5 6-10 11-30 31-100 101 or More All Firms One
What percent of the firm's 2014 IP billings were for other IP work?
Two 3-5 6-10 11-30 31-100 101 or More
Number of Firms Reporting 150 19 16 26 26 36 24 3 150 19 16 26 26 36 24 3 150 19 16 26 26 36 24 3 150 19 16 26 26 36 24 3 150 19 16 26 26 36 24 3 150 19 16 26 26 36 24 3
Mean (Average) 12.8% 14.3% 13.9% 6.3% 13.3% 12.0% 16.8% 29.4% 60.2% 57.6% 50.4% 68.0% 63.7% 59.2% 59.0% 51.2% 10.6% 10.4% 18.5% 11.9% 9.2% 9.2% 8.2% 6.7% 1.0% .6% 1.7% 1.3% 1.1% .9% .7% .3% 2.9% 5.5% 3.9% 2.9% 2.9% 2.2% .9% 3.4% 12.5% 11.6% 11.6% 9.6% 9.8% 16.6% 14.3% 9.0%
First Quartile 25% .0% .0% .0% .0% .0% .3% 9.1% ISD 44.8% 5.0% .8% 45.0% 39.6% 46.6% 45.9% ISD 2.8% 1.0% 4.1% 3.8% 4.9% 2.7% 2.3% ISD .0% .0% .0% .0% .0% .0% .0% ISD .0% .0% .0% .0% .0% .0% .0% ISD 2.0% 3.0% .0% 1.8% .8% 3.5% 4.2% ISD
Median (Midpoint) 9.0% .0% 1.5% .5% .5% 12.1% 14.5% 33.0% 65.7% 73.0% 69.8% 66.8% 75.0% 58.8% 61.0% 58.0% 6.5% 10.0% 14.7% 9.1% 5.5% 7.3% 4.0% 7.0% .0% .0% .0% .0% .0% .0% .3% .0% .9% .0% 2.9% 1.5% 1.0% .9% .4% 1.0% 8.5% 5.0% 5.0% 5.7% 4.4% 10.0% 14.4% 11.7%
AIPLA Report of the Economic Survey 2015 F-15
Third Quartile 75% 16.7% 10.7% 16.5% 10.1% 25.6% 16.7% 22.9% ISD 85.0% 85.7% 82.5% 90.0% 86.8% 79.1% 71.3% ISD 15.4% 17.9% 25.0% 20.7% 15.1% 13.1% 10.8% ISD 1.0% .0% 2.5% 1.3% 1.9% 1.0% 1.0% ISD 4.3% 5.0% 7.3% 4.7% 3.5% 4.1% 1.2% ISD 15.4% 20.0% 12.3% 10.0% 13.5% 21.6% 20.9% ISD
Allocation of firm's IP billings, by size of firm and type of work (Q22-Q23) IP law is less than 75% of practice
Number of Attorneys in Firm What percent of the firm's 2014 IP billings were for litigation?
All Firms 31-100 101 or More
What percent of the firm's 2014 IP billings were for patent applications and prosecution?
All Firms
What percent of the firm's 2014 IP billings were for trademark registration applications and prosecution?
All Firms
What percent of the firm's 2014 IP billings were for copyright registration applications? What percent of the firm's 2014 IP billings were from licensing? What percent of the firm's 2014 IP billings were for other IP work?
31-100 101 or More 31-100 101 or More All Firms 31-100 101 or More All Firms 31-100 101 or More All Firms 31-100 101 or More
Number of Firms Reporting 31 5 18 31 5 18 31 5 18 31 5 18 31 5 18 31 5 18
Mean (Average) 25.6% 19.9% 24.2% 35.6% 39.8% 36.0% 10.2% 14.1% 10.8% 2.1% 4.6% 2.1% 4.3% 7.8% 4.3% 22.1% 13.9% 22.5%
AIPLA Report of the Economic Survey 2015 F-16
First Quartile 25% 9.1% 6.9% 9.2% 15.6% 23.7% 17.3% 2.8% 2.9% 4.9% .0% .5% .0% .0% 3.4% .0% 9.0% 3.6% 9.1%
Median (Midpoint) 20.0% 9.1% 20.0% 38.0% 45.5% 37.0% 7.1% 18.2% 9.6% .6% 1.0% .9% 3.0% 4.5% 3.5% 17.9% 9.5% 18.9%
Third Quartile 75% 44.4% 38.2% 36.3% 52.2% 53.1% 56.8% 18.2% 23.2% 15.8% 1.8% 10.5% 1.9% 8.0% 13.9% 7.8% 30.1% 26.3% 30.0%
Total 2014 billings for professional legal services (Q24) Firm's total 2014 billings for professional legal services
All Firms One Two Number of Attorneys
3-5 6-10 11-30 31-100 101 or More
Percent of Practice That is IP
75% or More Less than 75% Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West
Number of Firms Reporting 168 19 16 27 24 36 26 18 139 26 8 10 4 31 6 5 8 13 7 30 11 6 10 19
Mean (Average) $38,107,327 $284,633 $479,794 $1,251,731 $3,225,155 $8,139,536 $36,201,326 $247,982,056 $9,982,198 $192,217,016 $70,965,340 $6,964,400 $112,297,000 $35,237,004 $5,908,518 $8,345,234 $1,131,311 $32,969,374 $52,047,076 $15,701,789 $87,709,138 $39,600,842 $61,837,932 $55,375,332
First Quartile 25% $712,500 $153,607 $198,250 $600,000 $1,932,750 $4,944,431 $18,625,956 $66,934,294 $600,000 $17,461,704 $1,959,750 $537,500 $7,271,750 $700,000 $326,303 $2,216,804 $363,725 $462,500 $1,777,000 $1,287,500 $2,400,000 $1,287,500 $399,750 $700,000
AIPLA Report of the Economic Survey 2015 F-17
Median (Midpoint) $3,914,712 $212,000 $449,000 $900,000 $3,000,000 $7,090,125 $27,717,997 $197,368,195 $2,800,000 $83,859,285 $14,125,332 $2,950,000 $23,543,500 $1,764,521 $800,000 $6,465,864 $767,795 $1,011,861 $6,231,309 $6,130,500 $9,000,000 $7,193,264 $3,550,000 $2,800,000
Third Quartile 75% $17,510,750 $434,900 $761,078 $1,600,000 $3,950,000 $10,209,673 $46,874,500 $392,025,250 $8,300,000 $296,250,000 $74,644,765 $8,875,000 $306,075,750 $12,875,722 $13,650,423 $15,413,350 $2,100,000 $43,749,000 $66,979,226 $15,010,961 $43,000,000 $67,951,392 $10,378,086 $16,800,000
Total 2014 billings per attorney (Q24b)
All Firms One Two Number of Attorneys
3-5 6-10 11-30 31-100 101 or More
Percent of Practice That is IP
75% or More Less than 75% Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West
Number of Firms Reporting 166 19 16 27 24 36 26 18 138 25 8 10 4 31 6 5 8 13 7 29 11 6 9 19
2014 Billings per attorney First Mean Median Quartile (Average) (Midpoint) 25% $411,333 $248,869 $374,810 $284,633 $153,607 $212,000 $239,897 $99,125 $224,500 $325,339 $175,000 $266,667 $377,491 $297,125 $358,571 $422,414 $350,383 $381,979 $649,691 $463,265 $640,017 $505,119 $385,714 $523,819 $402,511 $248,869 $366,845 $477,345 $209,360 $503,876 $550,796 $310,137 $532,814 $309,225 $190,625 $275,431 $320,444 $27,821 $276,920 $458,842 $245,478 $450,000 $283,527 $170,678 $308,333 $448,008 $219,470 $454,512 $283,107 $151,775 $300,000 $395,960 $206,000 $333,333 $393,182 $296,167 $366,548 $352,703 $275,000 $370,588 $660,970 $462,210 $529,412 $492,027 $261,875 $579,551 $419,332 $145,750 $444,000 $365,568 $233,250 $348,130
AIPLA Report of the Economic Survey 2015 F-18
Third Quartile 75% $528,324 $434,900 $380,539 $366,667 $467,250 $512,443 $749,545 $719,414 $508,198 $687,302 $752,989 $395,833 $656,592 $649,916 $393,712 $673,293 $406,429 $607,018 $481,818 $442,919 $693,548 $662,246 $657,270 $520,891
Firm collections, billings, overhead, and percent change in billings (Q25-Q28)
Number of Attorneys in Firm
All Firms One What was the ratio of this firm's collections in 2014, regardless of the year of billing, to the firm's billings in 2014?
Two 3-5 6-10 11-30 31-100 101 or More All Firms One
As a percent of total 2014 collections (for services performed in any year), what was this firm's overhead in 2014?
Two 3-5 6-10 11-30 31-100 101 or More All Firms One Two
What was the percent change in this firm's billings for IP legal services from 2013 to 2014?
3-5 6-10 11-30 31-100 101 or More All Firms One Two
What was the percent change in this firm's billings for IP legal services from 2012 to 2013?
3-5 6-10 11-30 31-100 101 or More
Number of Firms Reporting 167 19 15 27 25 35 28 18 145 18 15 25 22 31 24 10 161 17 15 25 25 35 28 16 155 15 14 25 24 35 27 15
Mean (Average) 94.0% 92.7% 94.1% 93.4% 95.5% 93.1% 94.6% 95.3% 38.6% 22.8% 40.9% 33.1% 38.5% 47.2% 43.9% 38.6% 13.5% 14.8% 25.4% 29.6% 8.3% 5.1% 5.7% 15.6% 17.3% 30.9% 21.3% 36.1% 18.7% 9.3% 5.6% 6.6%
AIPLA Report of the Economic Survey 2015 F-19
Minimum and maximum 2014 attorney billing rates for non-IP work (Q29a-Q29b)
Number of Attorneys/Location Number of Attorneys All Firms Location One Two 3-5 Number of Attorneys
6-10 11-30
Minimum billing rate for non-IP work
31-100 101 or More Boston CMSA Washington, DC CMSA Location
Other East Chicago CMSA Other Central Other West One Two 3-5
Number of Attorneys
6-10 11-30
Maximum billing rate for non-IP work
31-100 101 or More Boston CMSA Washington, DC CMSA Location
Other East Chicago CMSA Other Central Other West
Number of Firms Reporting 40 41 4 5 6 4 3 4 14 4 6 3 6 6 6 4 5 6 4 3 4 14 4 6 3 6 6 6
Mean (Average) $239 $239 $183 $256 $278 $221 $217 $219 $248 $288 $205 $175 $346 $215 $193 $325 $370 $469 $524 $647 $660 $799 $811 $583 $475 $686 $508 $641
First Quartile 25% $150 $150 $50 $83 $150 $150 ISD $125 $199 $246 $100 ISD $269 $150 $140 $188 $270 $326 $424 ISD $543 $638 $669 $420 ISD $515 $338 $355
Median (Midpoint) $235 $230 $150 $275 $293 $218 $200 $225 $228 $298 $175 $150 $325 $198 $208 $350 $325 $440 $523 $600 $623 $800 $798 $488 $325 $625 $600 $698
Average billing rate for non-IP work (Q29c)
All Firms One Two Number of Attorneys
3-5 6-10 11-30 31-100 101 or More Boston CMSA Washington, DC CMSA
Location
Other East Chicago CMSA Other Central Other West
Number of Firms Reporting 41 4 5 6 4 3 4 14 4 6 3 6 6 6
Average billing rate for non-IP work First Mean Median Quartile (Average) (Midpoint) 25% $403 $348 $395 $243 $113 $238 $332 $220 $325 $363 $296 $375 $371 $233 $375 $395 ISD $350 $441 $370 $400 $468 $399 $437 $540 $446 $574 $380 $344 $364 $292 ISD $325 $491 $384 $488 $351 $300 $393 $381 $300 $387
AIPLA Report of the Economic Survey 2015 F-20
Third Quartile 75% $491 $378 $447 $448 $506 ISD $553 $504 $599 $435 ISD $586 $406 $491
Third Quartile 75% $300 $300 $348 $420 $370 $296 ISD $306 $296 $319 $295 ISD $418 $256 $240 $438 $493 $650 $625 ISD $815 $1,000 $968 $725 ISD $899 $650 $850
Minimum and maximum 2014 attorney billing rates for IP work (Q30a-Q30b)
Number of Attorneys/Location Number of Attorneys All Firms Location One Two 3-5 Number of Attorneys
6-10 11-30 31-100 101 or More Boston CMSA NYC CMSA Philadelphia CMSA
Minimum billing rate for IP work
Washington, DC CMSA Other East Metro Southeast Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West One Two 3-5
Number of Attorneys
6-10 11-30 31-100 101 or More Boston CMSA NYC CMSA Philadelphia CMSA
Maximum billing rate for IP work
Washington, DC CMSA Other East Metro Southeast Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West
Number of Firms Reporting 170 172 18 16 27 25 36 27 21 9 9 3 32 6 5 8 16 9 32 9 6 9 19 18 16 27 25 36 27 21 9 9 3 32 6 5 8 16 9 32 9 6 9 19
Mean (Average) $248 $248 $284 $274 $270 $228 $209 $241 $269 $249 $281 $297 $268 $211 $255 $240 $311 $194 $199 $263 $267 $308 $221 $358 $374 $411 $474 $468 $592 $714 $553 $456 $582 $540 $424 $359 $364 $568 $461 $403 $537 $584 $562 $494
AIPLA Report of the Economic Survey 2015 F-21
First Quartile 25% $189 $186 $200 $185 $200 $200 $160 $190 $223 $188 $238 ISD $200 $168 $160 $200 $228 $155 $150 $186 $250 $225 $180 $250 $300 $340 $398 $379 $440 $605 $340 $400 ISD $400 $344 $238 $319 $356 $350 $300 $398 $438 $435 $380
Median (Midpoint) $235 $235 $273 $250 $280 $225 $188 $230 $275 $250 $285 $275 $245 $213 $200 $260 $290 $190 $180 $235 $250 $300 $200 $308 $350 $400 $450 $450 $585 $680 $425 $450 $640 $445 $440 $400 $335 $548 $435 $400 $585 $548 $500 $450
Third Quartile 75% $300 $300 $320 $388 $340 $255 $235 $285 $303 $310 $313 ISD $300 $263 $378 $323 $376 $235 $248 $313 $298 $373 $250 $400 $469 $450 $550 $537 $720 $850 $815 $523 ISD $713 $473 $460 $438 $698 $613 $501 $600 $765 $750 $635
Average billing rate for IP work (Q30c)
All Firms One Two Number of Attorneys
3-5 6-10 11-30 31-100 101 or More Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West
Number of Firms Reporting 172 18 16 27 25 36 27 21 9 9 3 32 6 5 8 16 9 32 9 6 9 19
Average billing rate for IP work First Mean Median Quartile (Average) (Midpoint) 25% $361 $300 $350 $309 $250 $300 $336 $261 $318 $353 $300 $350 $359 $308 $348 $327 $284 $311 $394 $320 $400 $451 $370 $425 $403 $270 $378 $354 $300 $350 $428 ISD $423 $392 $342 $385 $329 $289 $333 $326 $275 $350 $307 $301 $320 $418 $318 $414 $325 $275 $332 $297 $250 $301 $383 $303 $358 $428 $388 $415 $421 $316 $350 $343 $270 $350
AIPLA Report of the Economic Survey 2015 F-22
Third Quartile 75% $414 $396 $374 $405 $391 $359 $445 $513 $569 $415 ISD $441 $376 $366 $338 $494 $388 $345 $473 $493 $517 $385
Current starting salary for a first year associate (Q31)
All Firms 3-5 Number of Attorneys
6-10 11-30 31-100 101 or More
Percent of Practice That is IP
75% or More Less than 75% Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West
Firm's current starting salary for a first year associate Number of First Third Mean Median Firms Quartile Quartile (Average) (Midpoint) Reporting 25% 75% 114 $108,544 $85,000 $110,000 $127,000 14 $80,714 $62,250 $82,500 $92,500 20 $92,800 $80,000 $90,000 $110,000 32 $103,844 $86,250 $102,500 $120,000 24 $125,833 $110,000 $122,500 $140,000 20 $131,750 $115,000 $135,000 $160,000 91 $104,440 $85,000 $110,000 $120,000 18 $123,889 $98,750 $125,000 $145,000 5 $122,000 $100,000 $115,000 $147,500 6 $96,667 $78,750 $85,000 $123,750 4 $132,500 $126,250 $132,500 $138,750 19 $122,211 $100,000 $120,000 $140,000 3 $78,333 ISD $80,000 ISD 5 $122,000 $102,500 $120,000 $142,500 4 $80,750 $67,250 $85,000 $90,000 8 $136,875 $101,250 $160,000 $160,000 6 $102,500 $75,000 $107,500 $127,500 24 $90,208 $71,250 $95,000 $110,000 7 $108,714 $85,000 $120,000 $126,000 4 $130,000 $106,250 $135,000 $148,750 4 $120,000 $95,000 $115,000 $150,000 15 $101,867 $85,000 $110,000 $115,000
AIPLA Report of the Economic Survey 2015 F-23
Average salary for a patent agent (Q32)
All Firms 3-5 Number of Attorneys
6-10 11-30 31-100 101 or More
Percent of Practice That is IP
75% or More Less than 75% Boston CMSA NYC CMSA Washington, DC CMSA Metro Southeast Chicago CMSA
Location
Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West
Number of Firms Reporting 69 7 7 19 21 11 56 9 3 3 16 5 5 4 11 5 3 4 6
Firm's average salary for a patent agent First Mean Median Quartile (Average) (Midpoint) 25% $106,049 $80,000 $100,800 $108,286 $65,000 $110,000 $105,571 $90,000 $99,000 $102,318 $80,000 $98,000 $107,564 $78,500 $110,000 $108,705 $95,000 $110,000 $105,468 $80,000 $100,000 $112,272 $90,000 $107,000 $110,000 ISD $110,000 $116,667 ISD $125,000 $120,997 $100,000 $122,000 $110,357 $90,000 $110,000 $88,000 $62,500 $85,000 $85,425 $66,250 $78,350 $90,436 $70,000 $77,000 $95,400 $85,000 $98,000 $126,667 ISD $120,000 $110,425 $90,000 $110,000 $106,708 $76,250 $108,500
AIPLA Report of the Economic Survey 2015 F-24
Third Quartile 75% $128,500 $140,000 $130,000 $125,000 $135,625 $124,165 $128,750 $131,743 ISD ISD $140,000 $130,893 $115,000 $111,675 $100,800 $104,500 ISD $131,275 $135,188
Liability insurance coverage and deductible by size of firm in 2014 (Q33-Q34) Number of Attorneys in Firm All Firms
Firm's maximum liability insurance coverage each claim in 2014
One Two 3-5 6-10 11-30 31-100 101 or More All Firms
Firm's maximum liability insurance coverage total in 2014
One Two 3-5 6-10 11-30 31-100 101 or More All Firms
What was the liability insurance deductible each claim in 2014?
One Two 3-5 6-10 11-30 31-100 101 or More All Firms
What was the liability insurance deductible total in 2014?
One Two 3-5 6-10 11-30 31-100 101 or More
Number of Firms Reporting 143 14 16 20 24 34 23 12 140 14 16 19 24 33 23 11 142 14 16 21 23 34 23 11 125 13 16 18 19 28 21 10
Mean (Average) $10,335,315 $1,785,714 $1,453,125 $1,550,000 $3,104,167 $4,726,471 $18,369,565 $61,750,000 $16,357,143 $2,214,286 $1,906,250 $2,815,789 $4,187,500 $4,909,091 $26,195,652 $119,090,909 $142,433 $10,893 $7,813 $13,452 $31,543 $41,618 $259,783 $1,050,000 $291,244 $12,115 $7,813 $19,028 $38,974 $285,357 $380,952 $1,905,000
First Quartile 25% $1,000,000 $500,000 $1,000,000 $1,000,000 $1,000,000 $2,000,000 $10,000,000 $30,000,000 $2,000,000 $1,000,000 $1,000,000 $1,000,000 $2,000,000 $2,500,000 $15,000,000 $60,000,000 $10,000 $5,000 $5,000 $5,000 $10,000 $25,000 $150,000 $500,000 $10,000 $5,000 $5,000 $5,000 $10,000 $25,000 $150,000 $500,000
AIPLA Report of the Economic Survey 2015 F-25
Median (Midpoint) $3,000,000 $1,000,000 $1,000,000 $1,000,000 $3,000,000 $5,000,000 $20,000,000 $45,000,000 $4,000,000 $2,000,000 $1,500,000 $2,000,000 $3,500,000 $5,000,000 $20,000,000 $100,000,000 $25,000 $5,000 $5,000 $10,000 $25,000 $42,500 $200,000 $1,000,000 $25,000 $5,000 $5,000 $10,000 $50,000 $37,500 $250,000 $2,000,000
Third Quartile 75% $10,000,000 $2,000,000 $2,000,000 $2,000,000 $5,000,000 $5,000,000 $20,000,000 $93,750,000 $10,000,000 $2,000,000 $2,000,000 $4,000,000 $5,000,000 $5,000,000 $40,000,000 $150,000,000 $100,000 $10,000 $10,000 $10,000 $50,000 $50,000 $250,000 $1,500,000 $100,000 $15,000 $10,000 $10,000 $50,000 $50,000 $475,000 $2,250,000
Liability insurance cost per attorney in 2014 (Q35)
All Firms One Two 3-5
Number of Attorneys
6-10 11-30 31-100 101 or More
Number of Major Office Locations
One
Percent of Practice That is IP
75% or More
Multiple Less than 75% Boston CMSA NYC CMSA Washington, DC CMSA Other East Metro Southeast Other Southeast
Location
Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West
What was this firm's liability insurance cost per attorney in 2014? Number of First Third Mean Median Firms Quartile Quartile (Average) (Midpoint) Reporting 25% 75% 142 $5,375 $3,341 $4,420 $6,568 14 $4,074 $3,488 $4,208 $4,442 16 $4,000 $3,050 $3,594 $4,827 24 $4,784 $3,000 $3,750 $6,425 23 $5,212 $2,600 $4,000 $6,750 34 $4,656 $3,225 $4,316 $6,393 23 $8,721 $5,900 $7,500 $10,525 8 $6,074 $5,416 $5,670 $6,774 110 $4,977 $3,200 $4,208 $6,421 24 $7,571 $4,539 $6,166 $8,000 127 $5,215 $3,313 $4,385 $6,536 11 $5,091 $2,500 $5,388 $5,837 6 $6,591 $3,627 $5,315 $10,637 8 $4,521 $2,600 $3,875 $5,946 29 $5,233 $3,429 $4,309 $6,655 4 $3,554 $3,078 $3,407 $4,177 7 $4,645 $3,387 $3,819 $6,485 5 $7,587 $2,417 $2,600 $15,250 11 $4,576 $3,000 $4,200 $6,663 8 $4,763 $3,425 $4,324 $6,175 22 $6,345 $2,575 $5,694 $7,250 6 $3,742 $2,216 $4,312 $4,906 6 $6,271 $5,213 $6,674 $7,873 9 $4,666 $3,200 $4,500 $5,700 19 $5,470 $4,023 $5,503 $7,000
Number of liability claims for IP matters made in the last five years (Q36)
Number of Attorneys in Firm All Firms
Number of Attorneys
11-30 31-100
Number of liability claims for IP matters have been made against this firm in the last five years Number of First Third Mean Median Firms Quartile Quartile (Average) (Midpoint) Reporting 25% 75% 22 1.8 1.0 1.0 2.0 8 1.3 1.0 1.0 1.8 8 2.6 1.0 2.0 4.5
AIPLA Report of the Economic Survey 2015 F-26
Number of liability claims for IP matters made per attorney in the last five years (Q36)
Number of Attorneys in Firm All Firms
Number of Attorneys
11-30 31-100
Number of Firms Reporting 22 8 8
Liability Claims per Attorney First Mean Median Quartile (Average) (Midpoint) 25% .162 .029 .063 .068 .042 .063 .065 .022 .036
Third Quartile 75% .119 .092 .132
Number of liability claims for IP matters made per IP attorney in the last five years (Q36)
Number of Attorneys in Firm All Firms
Number of Attorneys
11-30 31-100
Number of Firms Reporting 22 8 8
Liability Claims per IP Attorney First Mean Median Quartile (Average) (Midpoint) 25% .169 .034 .073 .068 .042 .065 .067 .022 .044
Third Quartile 75% .143 .092 .132
Total dollar value of IP liability claims, including attorneys fees, paid in the last five years by the insurer or directly by this firm ? (Q37-Q38)
What is the total dollar value of IP liability claims, including attorneys fees, paid in the last five years by the insurer on behalf of this firm? What is the total dollar value of IP liability claims, including attorneys fees, paid in the last five years by this firm directly?
Number of Firms Reporting
Mean (Average)
First Quartile 25%
9
$764,597
$85,000
$300,000
$1,101,186
10
$163,606
$23,750
$127,053
$259,679
AIPLA Report of the Economic Survey 2015 F-27
Median (Midpoint)
Third Quartile 75%
Professional liability insurance underwriters used by firms by size of firm (Q39)
Liability Insurance Underwriters All Firms One Two ALAS
3-5 6-10 11-30 31-100 101 or More All Firms One Two
ALPS
3-5 6-10 11-30 31-100 101 or More All Firms One Two
CNA Insurance Companies
3-5 6-10 11-30 31-100 101 or More All Firms One Two
Columbia Casualty
3-5 6-10 11-30 31-100 101 or More All Firms One Two
Great American
3-5 6-10 11-30 31-100 101 or More All Firms One Two
Jamieson (New Jersey)
3-5 6-10 11-30 31-100 101 or More
Percent 11.5% .0% .0% .0% 4.2% .0% 11.5% 82.4% 3.2% .0% 6.3% 4.2% 4.2% 5.6% .0% .0% 16.7% 23.1% 18.8% 12.5% 16.7% 13.9% 26.9% 5.9% 11.5% 23.1% 12.5% 8.3% 8.3% 19.4% 7.7% .0% .6% .0% .0% .0% 4.2% .0% .0% .0% 30.1% 30.8% 25.0% 70.8% 37.5% 22.2% 19.2% .0%
Number of Firms Reporting 18 0 0 0 1 0 3 14 5 0 1 1 1 2 0 0 26 3 3 3 4 5 7 1 18 3 2 2 2 7 2 0 1 0 0 0 1 0 0 0 47 4 4 17 9 8 5 0
No policies were reported for American Home Assurance Co., General Star, Kemper/Lumberman's, National Casualty, St. Paul, or Westport
AIPLA Report of the Economic Survey 2015 F-28
Professional liability insurance underwriters used by firms by size of firm (Q39) (cont'd)
Liability Insurance Underwriters All Firms One Two Lloyd's of London
3-5 6-10 11-30 31-100 101 or More All Firms One Two
Minnesota Mutual Lawyers Insurance Co.
3-5 6-10 11-30 31-100 101 or More All Firms One Two
Oregon Professional Liability Fund
3-5 6-10 11-30 31-100 101 or More All Firms One Two
Other insurer
3-5 6-10 11-30 31-100 101 or More
Percent 14.1% .0% 12.5% .0% 4.2% 8.3% 53.8% 11.8% 4.5% 7.7% .0% 4.2% 8.3% 8.3% .0% .0% 1.3% .0% .0% .0% 4.2% 2.8% .0% .0% 22.4% 23.1% 25.0% 12.5% 16.7% 27.8% 38.5% 5.9%
Number of Firms Reporting 22 0 2 0 1 3 14 2 7 1 0 1 2 3 0 0 2 0 0 0 1 1 0 0 35 3 4 3 4 10 10 1
No policies were reported for American Home Assurance Co., General Star, Kemper/Lumberman's, National Casualty, St. Paul, or Westport
AIPLA Report of the Economic Survey 2015 F-29
Liability insurance cost per attorney in 2014 by insurance underwriter (Q39)
ALAS ALPS CNA Insurance Companies Columbia Casualty Jamieson (New Jersey) Lloyd's of London Minnesota Mutual Lawyers Insurance Co. Other insurer
Number of Firms Reporting 10 4 22 17 45 19 6 33
Mean (Average) $5,577 $4,673 $6,374 $3,990 $5,289 $8,272 $4,605 $6,089
Amount firm spent on outside providers of attorney training and external attorney training programs as a percentage of gross revenue in 2014 (Q40)
All Firms One Two Number of Attorneys
3-5 6-10 11-30 31-100 101 or More
Number of Major Office Locations
One
Percent of Practice That is IP
75% or More
Multiple Less than 75% Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West
How much did the firm spend on outside providers of attorney training and external attorney training programs as a percentage of gross revenue in 2014? Number of First Third Mean Median Firms Quartile Quartile (Average) (Midpoint) Reporting 25% 75% 89 1.8% .5% 1.0% 2.0% 10 1.8% .9% 2.0% 2.0% 7 4.1% 1.0% 2.0% 6.0% 12 1.4% .5% 1.0% 1.2% 17 2.6% .5% 1.0% 2.0% 15 1.7% .8% 1.0% 2.0% 18 .7% .1% .4% 1.0% 10 1.3% .1% .8% 2.0% 63 1.9% .5% 1.0% 2.0% 22 1.5% .2% 1.0% 2.0% 74 1.8% .5% 1.0% 2.0% 13 1.7% .3% 1.0% 2.0% 5 2.8% .5% 1.0% 6.0% 7 .9% .2% 1.0% 2.0% 3 2.4% ISD 2.0% ISD 16 1.0% .2% .8% 1.0% 4 5.6% .9% 3.5% 12.5% 3 .5% ISD .5% ISD 3 .6% ISD .5% ISD 6 1.5% .8% 2.0% 2.0% 4 1.2% .3% 1.2% 2.0% 14 1.7% .4% 1.0% 2.3% 4 3.8% 1.3% 2.0% 8.0% 4 1.8% .3% 1.0% 4.0% 3 1.2% ISD 1.0% ISD 13 2.1% .5% 1.0% 2.0%
AIPLA Report of the Economic Survey 2015 F-30
Other than through one-on-one mentorship/review, firm provides formal training to its attorneys: (Q41) Total
All Firms One Two Number of Attorneys
3-5 6-10 11-30 31-100 101 or More
Number of Major Office Locations
One
Percent of Practice That is IP
75% or More
Multiple Less than 75% Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West
Business development 30.5% .0% 11.8% 19.4% 26.7% 28.3% 37.1% 66.7% 21.8% 53.6% 25.3% 57.6% 41.7% 17.6% 80.0% 24.3% 16.7% 37.5% 33.3% 38.9% 30.0% 22.5% 42.9% 50.0% 25.0% 30.8%
Leadership 15.2% .0% 5.9% 9.7% 10.0% 8.7% 17.1% 44.4% 7.7% 33.3% 10.1% 36.4% 8.3% 11.8% 40.0% 16.2% .0% 37.5% 16.7% 16.7% 30.0% 10.0% 14.3% 16.7% 16.7% 11.5%
Personal growth or development 19.7% .0% 11.8% 6.5% 16.7% 17.4% 22.9% 50.0% 13.4% 36.2% 15.2% 42.4% 16.7% 11.8% 60.0% 18.9% .0% 50.0% 25.0% 27.8% 30.0% 12.5% 28.6% 50.0% 16.7% 3.8%
Percentages based on total of all respondents
AIPLA Report of the Economic Survey 2015 F-31
Practice skills (e. g., claim drafting, case law review, etc.) 40.4% 9.5% 11.8% 19.4% 40.0% 50.0% 51.4% 69.4% 34.5% 58.0% 39.2% 54.5% 50.0% 23.5% 80.0% 35.1% 33.3% 62.5% 33.3% 44.4% 70.0% 30.0% 35.7% 66.7% 41.7% 42.3%
Team dynamics or team building 15.2% .0% .0% 9.7% 10.0% 13.0% 14.3% 44.4% 7.7% 33.3% 8.9% 39.4% 8.3% 11.8% 40.0% 10.8% .0% 37.5% 16.7% 22.2% 30.0% 7.5% 21.4% 16.7% 25.0% 11.5%
Number of Firms Reporting 223 21 17 31 30 46 35 36 142 69 158 33 12 17 5 37 6 8 12 18 10 40 14 6 12 26
Firm has a marketing department or dedicated marketing personnel on staff (Q42) Does your firm have a marketing department or dedicated marketing personnel on staff?
All Firms One Two Number of Attorneys
3-5 6-10 11-30 31-100 101 or More
Number of Major Office Locations
One
Percent of Practice That is IP
75% or More
Multiple Less than 75% Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West
Yes 34.9% 5.6% .0% 3.8% 11.5% 22.0% 66.7% 100.0% 16.7% 83.0% 20.5% 90.0% 44.4% 27.3% 100.0% 25.0% 16.7% 37.5% 11.1% 53.3% 25.0% 25.0% 63.6% 66.7% 27.3% 36.4%
No 65.1% 94.4% 100.0% 96.2% 88.5% 78.0% 33.3% .0% 83.3% 17.0% 79.5% 10.0% 55.6% 72.7% .0% 75.0% 83.3% 62.5% 88.9% 46.7% 75.0% 75.0% 36.4% 33.3% 72.7% 63.6%
Total Number of Firms Reporting 189 18 15 26 26 41 30 31 126 53 146 30 9 11 5 32 6 8 9 15 8 36 11 6 11 22
AIPLA Report of the Economic Survey 2015 F-32
Marketing budget as a percentage of gross revenue in 2014 (Q43) What was your marketing budget as a percentage of gross revenue in 2014? Number of First Third Mean Median Firms Quartile Quartile (Average) (Midpoint) Reporting 25% 75% 128 2.6% 1.0% 2.0% 3.0% 12 3.0% 1.0% 2.0% 3.8% 13 4.1% .6% 2.0% 6.5% 16 3.4% .6% 1.5% 5.0% 20 2.2% .5% 1.0% 2.0% 27 2.4% 1.0% 1.8% 3.0% 23 1.5% .9% 1.0% 2.0% 16 2.8% 2.0% 2.3% 3.8% 89 2.5% .9% 1.0% 3.0% 32 2.7% 1.1% 2.0% 3.0% 105 2.6% 1.0% 1.8% 3.0% 19 2.7% 1.9% 2.6% 4.0% 7 2.7% .1% 2.0% 3.0% 8 3.4% 1.0% 2.5% 6.1% 3 3.8% ISD 4.0% ISD 24 1.4% .9% 1.0% 2.0% 6 6.3% 1.1% 2.8% 15.0% 6 1.5% .9% 1.0% 2.3% 5 1.1% .2% 1.0% 2.0% 9 2.7% 1.0% 3.0% 4.0% 7 2.2% .2% 1.9% 4.0% 22 2.5% 1.0% 1.9% 3.3% 8 3.4% .6% 1.6% 4.3% 4 1.5% .5% 2.0% 2.0% 6 4.3% .9% 2.3% 10.0% 13 2.6% .8% 2.0% 3.0%
All Firms One Two 3-5
Number of Attorneys
6-10 11-30 31-100 101 or More
Number of Major Office Locations
One
Percent of Practice That is IP
75% or More
Multiple Less than 75% Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast Other Southeast
Location
Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West
Allocation of firm's annual marketing budget by size of firm (Q44)
Number of Attorneys in Firm All Firms One Two Number of Attorneys
3-5 6-10 11-30 31-100 101 or More
Advertising Number of Mean Firms (Average) Reporting 123 19.6% 11 40.9% 13 10.9% 22 21.9% 20 17.0% 25 22.8% 21 14.8% 11 11.1%
Event sponsorship Mean (Average) 18.1% 13.5% 13.3% 22.7% 16.0% 21.6% 17.5% 15.5%
Salaries of marketing personnel
Social media
Mean (Average) 8.0% .0% .0% .5% 2.0% 11.8% 16.6% 26.4%
Mean (Average) 1.8% 3.6% .5% 2.7% 2.0% .2% 2.1% 2.6%
AIPLA Report of the Economic Survey 2015 F-33
Travel Mean (Average) 23.2% 17.9% 20.0% 30.7% 28.4% 25.2% 18.2% 13.1%
Website development
Other
Mean (Average) 15.9% 21.1% 32.7% 11.1% 20.7% 10.7% 16.1% 3.9%
Mean (Average) 13.3% 3.0% 22.6% 10.5% 14.0% 7.6% 14.8% 27.2%
Give associates "billable hour" credit toward their billing requirement for time spent marketing and participating in bar associations or professional organizations (Q45) Do you give associates "billable hour" credit toward their billing requirement for time spent marketing and participating in bar associations or professional organizations?
All Firms One Two Number of Attorneys
3-5 6-10 11-30 31-100 101 or More
Number of Major Office Locations
One
Percent of Practice That is IP
75% or More
Multiple Less than 75% Boston CMSA NYC CMSA Philadelphia CMSA Washington, DC CMSA Other East Metro Southeast
Location
Other Southeast Chicago CMSA Minne.-St. Paul PMSA Other Central Texas Los Angeles CMSA San Francisco CMSA Other West
Yes 12.7% .0% 18.2% 4.8% 16.0% 13.9% 17.9% 8.3% 11.4% 17.4% 11.3% 15.4% .0% 11.1% .0% 11.1% 20.0% 12.5% .0% 23.1% 12.5% 11.1% 11.1% 25.0% 22.2% 15.0%
No 87.3% 100.0% 81.8% 95.2% 84.0% 86.1% 82.1% 91.7% 88.6% 82.6% 88.7% 84.6% 100.0% 88.9% 100.0% 88.9% 80.0% 87.5% 100.0% 76.9% 87.5% 88.9% 88.9% 75.0% 77.8% 85.0%
Total Number of Firms Reporting 158 11 11 21 25 36 28 24 105 46 124 26 9 9 4 27 5 8 6 13 8 27 9 4 9 20
AIPLA Report of the Economic Survey 2015 F-34
APPENDIX B
AMERICANINTELLECTUALPROPERTYLAWASSOCIATION
AIPLA2015ECONOMICSURVEY—INDIVIDUALS
AssociationResearch,Inc.(ARI),anindependentsurveyresearchorganization,isconductingthisconfidentialsurveyforAIPLA. Allresponseswillbekeptcompletelyconfidential.
AllquestionsandconcernsaboutthesurveyoronlinecontentshouldbedirectedtoARI.PleaseemailARIat
[email protected]orcallMeganKirkegaardat2402681262,ext.100.
PleasecompleteyourquestionnairenolaterthanFebruary20,2015,eitheronlineorbyfaxto2402681267.
PARTI.GENERALQUESTIONSFORALLRESPONDENTS 1. 2.
WhatistheZIPcodeofyourofficelocationorprimaryworksite?(zipcode)_______________
PRIVATEFIRM SoloPractitioner EquityPartner,Shareholder(orequivalent) Associate,NonequityPartner(orequivalent) PatentAgent OfCounsel(orequivalent) CORPORATEIPDEPARTMENT HeadofIPDepartment(forentirecorporationora division) Attorney PatentAgent
3. 4. 5.
Whatisyourprimarypractice?(CHECKTHEONECATEGORYTHATBESTDESCRIBESYOURPRACTICE.)
AreyouadmittedtothePatentBar? Yes
CORPORATELEGALDEPARTMENT HeadofLegalDepartment(forentirecorporation oradivision) Attorney PatentAgent GOVERNMENT PTOExaminer(uptoandincludingSPE) PTOAdministration,Management,Solicitor's Office GovernmentIPOffice,otherthanPTO OTHER Other;pleasedescribe
NorthAmericanIndian/NativeCanadian Blended Other(SPECIFY) _________________________________
No
Inwhatyearwereyouborn?19____ Whatisyourgender?
Female
Male
6.
Howwouldyoudescribeyourethnicity?
7.
White/Caucasian Black/AfricanAmerican Hispanic/Latino Asian/PacificIslander
HowmanyfullyearsofIPlawattorneyexperiencedoyouhave?__________________years
8.
Whatisyourmajortechnicalundergraduatedegree?
Biotechnology Chemical ComputerHardware ComputerSoftware
Electrical Mechanical GeneralScience Other(SPECIFY)__________________________
9.
Otherthanalawdegree,whatisyourhighestcompletededucation? None Bachelor’sDegree
Master’sDegree DoctorateDegree
1
Other(SPECIFY)______________________
10. Whatwasyourtotalgrossincomeincalendaryear2014fromyourprimarypractice?(Includeanypartnership income,cashbonus,shareofprofits,andsimilarincomeyoureceived,andanydeferredcompensationinwhichyouvested in2014.)$_________________
11. Whatwasyouremployer's2014contributiononyourbehalftoall401(k)/403(b)retirementandsavingsplans? $_________________
12. Whatisyourexpectedtotalcashincomefor2015?(AsinQ.10above,includesexpectedcashincome,including bonusandprofitsharing.)$_____________________________
13. Whatpercentofyourtimeisdevotedtoeachofthefollowingtypesofwork?Responsesshouldtotal100%.
____% IPprosecutionwork(allpatents,tradesecrets,trademarks,copyrights)includingselection,evaluation,application preparationandprosecution,includingrelatedcounselingandexparteappeals(notincludingsupervisionor managementthereof) ____% OpinionsorcounselingpriortolitigationorformalADR(notincludingactuallitigation,ADR,negotiationorlicensing) ____% IPlicensing ____% Nonlicensingtransactionalwork(e.g.,mergers,acquisitions,jointventures,obtainingfinancingandduediligence associatedwithsuchmatters) ____% IPlitigation(notincludinginterpartesproceedingsbeforetheUSPTO) ____% Interpartesproceedings(e.g.,interpartesreview,coveredbusinessmethodreview,postgrantreview,derivation proceedings,etc.) ____% Otherdisputeresolution(e.g.,mediation,arbitration,orotheralternativedisputeresolutionproceedings) ____% Supervisionandtrainingofotherattorneysoragentswithinyourorganization ____% Officemanagementandadministration ____% Marketing/BusinessDevelopment ____% Participationinbarassociationorprofessionalassociationactivities ____% NonIPlegal ____% ManagingoutsidecounselforIPprosecutionwork ____% ManagingoutsidecounselforIPlitigationwork ____% Probonowork ____% Other(SPECIFY)____________________________________________________________ 100%TOTAL
14. IfyouareadmittedtothePatentBar,whatpercentofyourtimeisspentineachofthefollowingareasof technicalspecialization?Responsemaytotallessthan100%.
____% Biotechnology ____% Chemical ____% ComputerHardware ____% ComputerSoftware ____% Electrical ____% Mechanical ____% Medical/HealthCare ____% Pharmaceutical ____% Otherareas(SPECIFY)________________________________________________________________ ____%TOTAL(maytotallessthan100%)
15. Whatpercentofyourtimeisdevotedtoeachofthefollowingpracticeareas?Responsemaytotallessthan100%.
____% BusinessLaw ____% Copyrights ____% Foreign(NonUS)IPLaw ____% GeneralIP ____% Patents ____% TradeSecrets ____% Trademarks ____% Otherareas(SPECIFY)________________________________________________________________ ____%TOTAL(maytotallessthan100%)
2
16. Inalllocations,howmanyfulltimeIPlawyersandpatentagentsareemployedbyyourfirmorcorporation? ______________ 17. Howmanynewpriority(i.e.,notcontinuation,CIP,orDivisional,butincludingprovisional)USandPCTPatent applicationswerepreparedandfiledbyyoupersonallyin2014?IncludePCTonlyifnotbasedonapriorapplication. (Donotincludeapplicationspreparedbyanotherpersonwhichyoureviewed,revisedandfiled.) ___________________________
PARTII.CORPORATEPRACTITIONERS THESEQUESTIONSSHOULDBEANSWEREDBYCORPORATEPRACTITIONERSONLY.PLEASESKIPTHISSECTIONIFYOUARENOTACORPORATEPRACTITIONER.
18. HowmanyIPlawyersandpatentagentsreporttoyou,directlyorindirectly? 0
1–5 6–10 11–15 16ormore
19. Otherthanasaliaisonwithoutsidecounsel,whatpercentofthefollowingactivitiesishandledbyinhouse counsel? %byInhouseCounsel a.Litigation _____________%
b.Licensing c.PatentPreparationandProsecution d.TrademarkRegistration,ProsecutionandEnforcement e.CopyrightRegistrationandEnforcement
_____________% _____________% _____________% _____________%
20. Whatwastheannualgrossrevenueofyourorganizationin2014(providethegrossrevenueforyourbusiness unitifyourcompanytracksgrossrevenuebybusinessunit)inUSD?$______________________ 21. WhatwastheannualcorporateIPbudgetofyourorganization(excludinglitigation)in2014(providetheIP budgetforyourbusinessunitifyourcompanyallocatesIPbudgetbybusinessunit)inUSD? $____________________
22. HowmuchdidtheannualcorporateIPbudgetofyourorganization(excludinglitigation)changefrom2013to 2014? Increase_______%
Nochange Decrease_______%
23.Iftherewasachangeinyourcorporatebudget,whatarethereasonsforthechange?Pleaseselectallthatapply. Economicgrowth
Companyleadershipchange Unexpectedlitigation Changeincompanyrevenue ChangeinperceivedvalueofIPwithinorganization Politicalclimatechange Mergeroracquisition Other(SPECIFY)__________________________________________
3
24. Whichtypeoftechnologybestdescribesyourcorporation?Otherincludescorporatehavingmultipletechnology types.Pleasespecifytypes: Biotech
Chemical Electrical ComputerSoftware ComputerHardware Mechanical Medical/HealthCare Pharmaceutical Other(SPECIFY)__________________________________________
25. WhatisyourestimateofthepercentageoftheannualcorporateIPbudgetdevotedtoeachofthefollowing typesofwork?Responsesshouldtotal100%.
____% Inhousestafftoperformand/ormanageIPprosecutionwork(allpatents,tradesecrets,trademarks,copyrights) includingselection,evaluation,applicationpreparationandprosecution,includingrelatedcounselingandexparte appeals ____% InhousestafftoprovideopinionsorcounselingpriortolitigationorformalADR(notincludingactuallitigation,ADR, negotiationorlicensing) ____% InhousestafftoperformIPlicensing ____% Inhousestafftoperformnonlicensingtransactionalwork(e.g.,mergers,acquisitions,jointventures,obtaining financingandduediligenceassociatedwithsuchmatters) ____% InhousestafftoperformIPlitigation(notincludinginterpartesproceedingsbeforetheUSPTO) ____% InhousestafftoperformInterpartesproceedings(e.g.,interpartesreview,coveredbusinessmethodreview,post grantreview,derivationproceedings,etc.) ____% Inhousestafftoperformotherdisputeresolution(e.g.,mediation,arbitration,orotheralternativedispute resolutionproceedings) ____% FeespaidtooutsidecounseltoperformIPprosecutionwork(allpatents,tradesecrets,trademarks,copyrights) includingselection,evaluation,applicationpreparationandprosecution,includingrelatedcounselingandexparte appeals(includingsupervisionormanagementthereof) ____% FeespaidtooutsidecounseltoperformopinionsorcounselingpriortolitigationorformalADR(notincludingactual litigation,ADR,negotiationorlicensing) ____% FeespaidtooutsidecounseltoperformIPlicensing ____% Feespaidtooutsidecounseltoperformnonlicensingtransactionalwork(e.g.,mergers,acquisitions,jointventures, obtainingfinancingandduediligenceassociatedwithsuchmatters) ____% FeespaidtooutsidecounseltoperformIPlitigation(notincludinginterpartesproceedingsbeforetheUSPTO) ____% FeespaidtooutsidecounseltoperformInterpartesproceedings(e.g.,interpartesreview,coveredbusinessmethod review,postgrantreview,derivationproceedings,etc.) ____% Feespaidtooutsidecounseltoperformotherdisputeresolution(e.g.,mediation,arbitration,orotheralternative disputeresolutionproceedings) ____% Supervisionandtrainingofattorneysoragentswithinyourorganization ____% Officemanagementandadministration ____% Participationinbarassociationorprofessionalassociationactivities ____% Probonowork ____% Other(SPECIFY)____________________________________________________________ 100%TOTAL
4
PARTIII.PRIVATEPRACTITIONERS THESEQUESTIONSSHOULDBEANSWEREDBYPRIVATEPRACTITIONERSONLY.PLEASESKIPTHISSECTIONIFYOUARENOTAPRIVATEPRACTITIONER. 26. Whatdollaramountwasbilledforthelegalservicesyouperformedin2014?$___________________
27. Whatpercentofyourservicesin2014werebilled(orwillbebilled)onthefollowingbasis? _______% Hourly
PredeterminedFee Contingent Other TOTAL
_______% _______% _______% 100%
28. Ifyouusebillablehours,howmanybillablehoursdidyourecordin2014?__________________hours
29. Whatwasyouraveragehourlybillingratein2014?$________________
30. Onaverage,howmanyhoursperweekdoyouspendonbusinessdevelopment?_____
PARTIV.TYPICALCHARGES
PROSECUTIONANDCLIENTCOUNSELING THESEQUESTIONSSHOULDBEANSWEREDBYBOTHCORPORATEANDPRIVATEPRACTITIONERS.
THEFOLLOWINGQUESTIONS,COVERINGTRADEMARKS,PATENTS,ANDCOPYRIGHTS,ASKFORTYPICALCHARGES.PLEASERESPONDONLYIFYOUHAVEBEENPERSONALLYRESPONSIBLE FORAREPRESENTATIVESAMPLEOFTHETYPEOFWORKTOWHICHTHEQUESTIONPERTAINS,EITHERASASERVICEPROVIDER(I.E.,ANATTORNEYINPRIVATEPRACTICE)ORASA PURCHASEROFSUCHSERVICES(I.E.,CORPORATECOUNSEL).
ASSUMINGATYPICALCASEWITHNOUNUSUALCOMPLICATIONS,WHATDIDYOUCHARGE(ORWOULDHAVECHARGED,E.G.,BASEDONAFIXEDFEERATESCHEDULE)ORWHATWERE YOUCHARGED(ORWHATYOUWOULDHAVEEXPECTEDTOBECHARGED,E.G.,BASEDONAFIXEDFEERATESCHEDULE),IN2014,FORLEGALSERVICESONLY(INCLUDINGSEARCHFEES, BUTNOTINCLUDINGCOPYCOSTS,DRAWINGFEESORGOVERNMENTFEES)INEACHOFTHEFOLLOWINGTYPESOFUSMATTERS?PLEASEALSOINDICATETHETYPEOFFEEPRIMARILY USEDIN2014.
31.TRADEMARKS(INCLUDINGSERVICEMARKS)
Fixed Fee
Hourly
Other
Chargesin2014
a.
TrademarkClearanceSearch,Analysis,andOpinion
$
b.
TrademarkRegistrationApplication(PreparationandFiling)
$
c.
TrademarkProsecution(Total,includingamendmentsandinterviewsbut
$
notappeals) d.
TrademarkStatementofUse(PreparationandFiling)
$
e.
TrademarkAppealtotheBoard(BriefedandArgued)
$
f.
TrademarkSection8and15Declaration(PreparationandFiling)
$
g.
TrademarkRenewalApplication(PreparationandFiling)
$
h.
FilingofForeignOriginTrademarkRegistrationApplicationReceivedReady
$
forFiling i.
Filingforaninternationaltrademark
$
j.
PreparingaUDRPPetition(UniformDomainNameDisputeResolution)
$
k.
RespondingtoaUDRPPetition
$
5
32.USUTILITYPATENTS a.
Fixed Fee
b.
Original(notdivisional,continuation,orCIP)nonprovisionalutility patentapplicationoninventionofminimalcomplexity,e.g.,10page specification,10claims(PreparationandFiling) ProvisionalPatentApplication(PreparationandFiling)
c.
Originalutilityapplication,relativelycomplex
Hourly
Other
Chargesin2014 $ $ $
$
$
$
biotechnology/chemical(PreparationandFiling) d.
Originalutilityapplication,relativelycomplexelectrical/computer
$
(PreparationandFiling) e.
Originalutilityapplication,relativelycomplexmechanical
$
(PreparationandFiling) f.
Patentapplicationamendment/argumentofminimalcomplexity
$
(PreparationandFiling) g.
j.
Patentapplicationamendment/argument,relativelycomplex, biotechnology/chemical(PreparationandFiling) Patentapplicationamendment/argument,relativelycomplex, electricalcomputer(PreparationandFiling) Patentapplicationamendment/argument,relativelycomplex, mechanical(PreparationandFiling) AppealtoBoardinutilitypatentapplicationwithoutoralargument.
k.
AppealtoBoardinutilitypatentapplicationwithoralargument.
$
l.
Issuinganallowedapplication(Allpostallowanceactivity)
$
m.
Expartereexam
$
n.
PayingaMaintenanceFee
$
o.
UtilityPatentNoveltySearch,Analysis,andOpinion
$
p.
Validity/InvalidityOnlyOpinion,perpatent
$
q.
Infringement/NonInfringementOnlyOpinion,perpatent
$
r.
CombinationvalidityandInfringement,perpatent
$
h. i.
$
33.FOREIGNORIGINANDFOREIGNPATENTS Excludegovernment,associate,drawing,andsimilarfees.
Fixed Fee
a. b. c. d. e. f.
FilingforeignoriginutilitypatentapplicationinUSPTO,receivedready forfilingwithformalpapers,assignment,andprioritydocuments FilingnonPCTpatentapplicationabroad(percountry,notincluding associateorgovernmentfees) FilingpreviouslypreparedUSpatentapplicationasPCTapplicationin USReceivingOffice EnteringNationalStageinUSReceivingOfficefromforeignoriginPCT application EnteringNationalStageineachforeignReceivingOfficefromUSorigin PCTapplication Payinganannuityormaintenancefee
6
Hourly
Other
Chargesin2014
$
$
$
$
$
$
34.OTHERUSPATENTSANDCOPYRIGHTS
Fixed Fee
Hourly
Other
Chargesin2014
a.
USdesignpatentapplication(PreparationandFiling)
$
b.
USplantpatentapplication(PreparationandFiling)
$
c.
Copyrightregistrationapplication(PreparationandFiling)
$
LITIGATIONANDRELATEDMATTERS THESEQUESTIONSSHOULDBEANSWEREDBYBOTHCORPORATEANDPRIVATEPRACTITIONERS.
RESPONDTOEACHOFTHEFOLLOWINGQUESTIONSONLYIFYOUHAVEPERSONALKNOWLEDGEEITHERASASERVICEPROVIDER(ATTORNEYINPRIVATEPRACTICE)ORASAPURCHASEROF SUCHSERVICES(CORPORATECOUNSEL)OFTHECOSTSINCURREDWITHINTHERELATIVELYRECENTPAST,FORTHETYPEOFWORKTOWHICHTHEQUESTIONPERTAINS.INEACHOFTHE QUESTIONS,"TOTALCOST"ISALLCOSTS,INCLUDINGOUTSIDELEGALANDPARALEGALSERVICES,LOCALCOUNSEL,ASSOCIATES,PARALEGALS,TRAVELANDLIVINGEXPENSES,FEESAND COSTSFORCOURTREPORTERS,PHOTOCOPIES,COURIERSERVICES,EXHIBITPREPARATION,ANALYTICALTESTING,EXPERTWITNESSES,TRANSLATORS,SURVEYS,JURYADVISORS,AND SIMILAREXPENSES.PLEASEESTIMATETHESEBASEDONASINGLEIPASSET(I.E.,ONEPATENTATISSUE,ONETRADEMARK,ETC.).
35.Whatisyourestimateofthetotalcostofpatentinfringementactionofthefollowingvarieties(i)throughthe endofdiscovery,and(ii)inclusiveofdiscovery,motions,pretrial,trial,posttrial,andappeal?And,(iii)for actionsinwhichthedisputewasresolvedthroughmediation,whatwasthecostoftheactionupthrough mediation?Forpurposesofthisquestion,“atrisk”referstothefinancialimpactofanadversejudgment.Q.35D referstothefinancialimpactofanadversejudgmentfromimportedgoods,etc.
A.LITIGATION–PATENTINFRINGEMENT,ALLVARIETIES Lessthan$1millionatrisk a.EndofDiscovery
$
b.Inclusive,allcosts
$
c.Mediation
$
$1$10millionatrisk d.EndofDiscovery
$
e.Inclusive,allcosts
$
f.Mediation
$
$10$25millionatrisk g.EndofDiscovery
$
h.Inclusive,allcosts
$
i.Mediation
$
Morethan$25millionatrisk j.EndofDiscovery
$
k.Inclusive,allcosts
$
l.Mediation
$
7
B.LITIGATION–PATENTINFRINGEMENTPURSUANTTO THEHATCHWAXMANACT(i.e.,"ANDALITIGATION") Lessthan$1millionatrisk a.EndofDiscovery
$
b.Inclusive,allcosts
$
c.Mediation
$
$1$10millionatrisk d.EndofDiscovery
$
e.Inclusive,allcosts
$
f.Mediation
$
$10$25millionatrisk g.EndofDiscovery
$
h.Inclusive,allcosts
$
i.Mediation
$
Morethan$25millionatrisk j.EndofDiscovery
$
k.Inclusive,allcosts
$
l.Mediation
$
C.LITIGATION–DEFENDINGCLAIMSOFPATENT INFRINGEMENTBYNONPRACTICINGENTITY Lessthan$1millionatrisk a.EndofDiscovery
$
b.Inclusive,allcosts
$
c.Mediation
$
$1$10millionatrisk d.EndofDiscovery
$
e.Inclusive,allcosts
$
f.Mediation
$
$10$25millionatrisk g.EndofDiscovery
$
h.Inclusive,allcosts
$
i.Mediation
$
Morethan$25millionatrisk j.EndofDiscovery
$
k.Inclusive,allcosts
$
l.Mediation
$
8
D.LITIGATION–SECTION337PATENTINFRINGEMENT ACTIONINTHEINTERNATIONALTRADECOMMISSION Lessthan$1millionatrisk a.EndofDiscovery
$
b.Inclusive,allcosts
$
c.Mediation
$
$1$10millionatrisk d.EndofDiscovery
$
e.Inclusive,allcosts
$
f.Mediation
$
$10$25millionatrisk g.EndofDiscovery
$
h.Inclusive,allcosts
$
i.Mediation
$
Morethan$25millionatrisk j.EndofDiscovery
$
k.Inclusive,allcosts
$
l.Mediation
$
E.Inyourexperienceisthereastrongcorrelationbetweentheamountatriskinapatentinfringementactionandthe Yes No overallattorneyhoursrequiredtolitigatetheaction? F. Inyourexperience,howdoesthetotalcostofassertingapatentinfringementactioncomparetothetotalcostof defendingsuchanaction?
Aboutthesame Costofassertingisabout______%ofthecostofdefending
36.WhatisyourestimateofthetotalcostoffilingordefendingapetitionforInterPartesReview(IPR),Covered BusinessMethod(CBM)Review,orPostGrantReview(PGR)filedintheUnitedStatesPatentandTrademark AppealBoard(PTAB)(i)throughfilingthepetitionforreview,includingexpertfees,butexcludingPTABfiling feesandpriorartsearching,(ii)throughtheendofmotionpractice,includingdiscovery,analyzingpatentowner response(s),replybriefing,expertfees,andothermotionpracticesuchasdiscoverymotionsormotionsto amend,(iii)throughthePTABhearing,and(iv)throughappealtothefederalcourt(s)? A.InterPartesProceedings i.Throughfilingpetition $ ii.Throughendofmotion $ practice iii.ThroughPTABhearing
$
iv.Throughappeal $ B. Inyourexperience,howdoesthetotalcostoffilingapetitionforinterpartesproceeding(IPR,CBM,orPGR) comparetothetotalcostofdefendingsuchanaction?
Aboutthesame Costoffilingisabout______%ofthecostofdefending
9
37.Whatisyourestimateofthetotalcostofatrademarkinfringementaction(i)throughtheendofdiscovery,and (ii)inclusiveofdiscovery,motions,pretrial,trial,posttrial,andappeal?And,(iii)foractionsinwhichthe disputewasresolvedthroughmediation,whatwasthecostoftheactionupthroughmediation? A.LITIGATION–TRADEMARKINFRINGEMENT Lessthan$1millionatrisk a.EndofDiscovery
$
b.Inclusive,allcosts
$
c.Mediation
$
$1$10millionatrisk d.EndofDiscovery
$
e.Inclusive,allcosts
$
f.Mediation
$
$10$25millionatrisk g.EndofDiscovery
$
h.Inclusive,allcosts
$
i.Mediation
$
Morethan$25millionatrisk j.EndofDiscovery
$
k.Inclusive,allcosts
$
l.Mediation
$
B.Inyourexperienceisthereastrongcorrelationbetweentheamountatriskinatrademarkinfringementaction andtheoverallattorneyhoursrequiredtolitigatetheaction? Yes No C. Inyourexperience,howdoesthetotalcostofassertingatrademarkinfringementactioncomparetothetotal costofdefendingsuchanaction?
Aboutthesame Costofassertingisabout______%ofthecostofdefending
38.Whatisyourestimateofthetotalcostofatrademarkopposition/cancellation(i)throughendofdiscovery,and (ii)inclusiveofdiscovery,motions,hearing,andposthearing? LITIGATION–TRADEMARKOPPOSITION/CANCELLATION a.EndofDiscovery
$
b.Inclusive,allcosts
$
10
39.Whatisyourestimateofthetotalcostofacopyrightinfringementaction(i)throughtheendofdiscovery,and(ii) inclusiveofdiscovery,motions,pretrial,trial,posttrial,andappeal?And,(iii)foractionsinwhichthedispute wasresolvedthroughmediation,whatwasthecostoftheactionupthroughmediation? A.LITIGATION–COPYRIGHTINFRINGEMENT Lessthan$1millionatrisk a.EndofDiscovery
$
b.Inclusive,allcosts
$
c.Mediation
$
$1$10millionatrisk d.EndofDiscovery
$
e.Inclusive,allcosts
$
f.Mediation
$
$10$25millionatrisk g.EndofDiscovery
$
h.Inclusive,allcosts
$
i.Mediation
$
Morethan$25millionatrisk j.EndofDiscovery
$
k.Inclusive,allcosts
$
l.Mediation
$
B.Inyourexperienceisthereastrongcorrelationbetweentheamountatriskinacopyrightinfringementactionand theoverallattorneyhoursrequiredtolitigatetheaction? Yes No C. Inyourexperience,howdoesthetotalcostofassertingacopyrightinfringementactioncomparetothetotal costofdefendingsuchanaction?
Aboutthesame Costofassertingisabout______%ofthecostofdefending
11
40.Whatisyourestimateofthetotalcostofatradesecretmisappropriationaction:(i)throughtheendofdiscovery, and(ii)inclusiveofdiscovery,motions,pretrial,trial,posttrial,andappeal?And,(iii)foractionsinwhichthe disputewasresolvedthroughmediation,whatwasthecostoftheactionupthroughmediation? A.LITIGATION–TRADESECRETMISAPPROPRIATION Lessthan$1millionatrisk a.EndofDiscovery
$
b.Inclusive,allcosts
$
c.Mediation
$
$1$10millionatrisk d.EndofDiscovery
$
e.Inclusive,allcosts
$
f.Mediation
$
$10$25millionatrisk g.EndofDiscovery
$
h.Inclusive,allcosts
$
i.Mediation
$
Morethan$25millionatrisk j.EndofDiscovery
$
k.Inclusive,allcosts
$
l.Mediation
$
B.Inyourexperienceisthereastrongcorrelationbetweentheamountatriskinatradesecretmisappropriation actionandtheoverallattorneyhoursrequiredtolitigatetheaction? Yes No C. Inyourexperience,howdoesthetotalcostofassertingatradesecretmisappropriationactioncomparetothe totalcostofdefendingsuchanaction?
Aboutthesame Costofassertingisabout______%ofthecostofdefending
41. Inyourexperience,howdoesthetotalcostofresolvingadisputethrougharbitrationcomparetoresolvinga comparabledisputethroughlitigation?
Aboutthesame Costofarbitrationisabout______%ofthecostoflitigation
42. Ifyouwereinvolvedinatleastonedisputeinwhichmediationorarbitrationwasemployedin2013or2014, pleaseindicateasapercentagehowfrequentlythemediation/arbitrationwasinitiatedbyeachofthefollowing means(answersshouldtotal100%):
____% Basedontermsofacontract ____%Mandatedbycourt ____%Voluntarilybyparties ____%Other(Specify)_____________________ 100%TOTAL
12
43.WhatdataortypesofdatahaveyoufoundmostusefulwhenusingtheAIPLAReportoftheEconomicSurveyinthe past?_______________________________________________________________________________________ ____________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ 44.WhatdataortypesofdatawouldbeusefultoyouifitcouldbecollectedinafutureAIPLAEconomicSurvey? ____________________________________________________________________________________________ _______________________________________________________________________________________________ ____________________________________________________________________________________________ _______________________________________________________________________________________________ OPTIONAL:(TORECEIVETHEBENCHMARKSPREADSHEETTOOL,PLEASEENTERYOURCONTACTINFORMATIONBELOW) NAME:_____________________________________________________________________________ FIRM:______________________________________________________________________________ ADDRESS:___________________________________________________________________________ CITY:_____________________________STATE:________________ZIPCODE:___________________ TELEPHONENUMBER:__________________________________________________________________ EMAILADDRESS:_____________________________________________________________________
THANKYOUVERYMUCHFORCOMPLETINGTHISSURVEY.
YOUMAYFAXYOURCOMPLETEDQUESTIONNAIRETOARIAT2402681267.
13
AMERICANINTELLECTUALPROPERTYLAWASSOCIATION
AIPLA2015ECONOMICSURVEY—FIRMS
AssociationResearch,Inc.(ARI),anindependentsurveyresearchorganization,isconductingthisconfidentialsurveyforAIPLA. Allresponseswillbekeptcompletelyconfidential.
AllquestionsandconcernsaboutthesurveyoronlinecontentshouldbedirectedtoARI.PleaseemailARIat
[email protected]orcallMeganKirkegaardat2402681262,ext.100.
PleasecompleteyourquestionnairenolaterthanFebruary20,2015eitheronlineorbyfaxto2402681267.
PRIVATEFIRMDATA 1.
Whatisthepositioninthefirmofthepersonrespondingonbehalfofthefirm? ManagingPartner/Shareholder Administrator Other;pleasedescribe _____________________
2. WhatistheZIPcodeofthefirm’sprincipalofficelocation?(zipcode)_______________ 3. Howmanymajorofficelocations—staffedbytwoormorepartners—didthefirmhavein2014?__________ 4. Ineachofthefollowingcategories,howmanyattorneyswereinthefirmin2014?Ifthenumberinanycategory variedduringtheyear,reporttheaverage. ______ Partner/Shareholder
______ Associate/NonequityPartner ______ OfCounsel ______ Contract/Parttime ______ TOTALattorneys
5.
HowmanyattorneyswhosepracticeisprimarilyIPlawwereinthefirmin2014?Ifthenumberinanycategory variedduringtheyear,reporttheaverage. ______Partner/Shareholder ______Associate/NonequityPartner ______OfCounsel ______Contract/Parttime ______TOTALIPattorneys
6.
HowmanyofthefollowingwereinvolvedprimarilyintheIPpracticeofthefirmin2014? ______ USPTOregisteredPatentAgents(notattorneys) ______ TechnicalAssistants,includingSearchers ______ Paralegal/LegalAssistants
7.
HowmanyattorneysoragentswhosepracticeisprimarilyIPlawbecameassociatedwiththefirmin2014?Ifthe numberinanycategoryvariedduringtheyear,reporttheaverage. ______Partner/Shareholder ______Associate/NonequityPartner ______OfCounsel ______Contract/Parttime ______PatentAgentsortrainees ______TOTALIPattorneysandagents
8.
Ofallattorneyshiredduring2014,whatpercentagewerehiredthrougharecruiter(headhunter)? Lessthan25% 25%–50% 50%75% 75%ormore
9. Whatwastheaveragefee,asapercentofsalary,paidtoarecruiter(headhunter)? ________% 10. HowmanyattorneysoragentswhosepracticeisprimarilyIPlawleftthefirm(includingretired)in2014? ______Partner/Shareholder ______Associate/NonequityPartner ______OfCounsel ______Contract/Parttime ______PatentAgentsortrainees ______TOTALIPattorneysandagents
11. ConsideringthenumberofattorneysandagentsassociatedwiththefirmwhosepracticeisprimarilyIPlaw, pleaseindicatethenumberbygender.PleaseTOTALatend. Gender:
_______ Male _______ Female _______ TOTAL
12. ConsideringthenumberofattorneysandagentsassociatedwiththefirmwhosepracticeisprimarilyIPlaw, pleaseindicatethenumberbyethnicity.PleaseTOTALatend. Ethnicity:
_______ _______ _______ _______ _______ _______ _______ _______
White/Caucasian Black/AfricanAmerican Hispanic/Latino Asian/PacificIslander NorthAmericanIndian/NativeCanadian Blended Other TOTAL
13. Howmanysupportstaff(secretarial,clerical,andothernonbillablestaff)devotedprimarilytothesupportof theIPpracticewereinthefirmin2014?______________
14. 15. 16. 17. 18. 19. 20. 21.
Howmanysummerassociatesdidyouhaveduring2014?_________________________ HowmanyofthesesummerassociatesidentifiedinQ.14receivedfulltimeoffersin2014?____________________ HowmanysummerassociatesidentifiedinQ.14acceptedthefirm’sofferin2014?_________________________ Howmuchdidyoupaysummerassociatesin2014?___________permonth Whatpercentofthefirm’sinternationalfilingisoutsourcedtoanexternalproviderin2014?________% Whatpercentofthefirm’sannuitypaymentsareoutsourcedtoanexternalproviderin2014?________% Whatpercentofthefirm'spracticebybillingsisinIPlawin2014?________% Approximatelywhatpercentofthefirm’sbillableIPhoursin2014wereactuallybilledtoclients(hourlyorother basis)?________%
22. Whatpercentofthefirm's2014IPbillingswereforlitigation?________%
23. Whatpercentofthefirm's2014IPbillingswerefor: a.Patentapplicationsandprosecution? b.Trademarkregistrationandprosecution? c. Copyrightregistrationapplications? d. Licensing? e. OtherIPwork?
________% ________% ________% ________% ________%
24. Whatwerethefirm'stotal2014billingsforprofessionallegalservices?$_______________________ 25. Whatwastheratioofthefirm'scollectionstothefirm’sbillingsfor2014?________% 26. Asapercentoftotal2014collections(forservicesperformedinanyyear),whatwasthefirm'soverheadin 2014?Overheadisallexpensesotherthanclientreimbursedexpensesandcompensationtoattorneysand patentagents(includingpartnerandshareholderprofits).________% 27. Whatwasthepercentchangeinthefirm'sbillingsforIPlegalservicesfrom2013to2014?Calculateas(2014 billings–2013billings)/2013billings)x100.________% 28. Whatwasthepercentchangeinthefirm'sbillingsforIPlegalservicesfrom2012to2013?Calculateas(2013 billings–2012billings)/2012billings)x100._________% 29. Whatwerethefirm'sminimum,maximum,andaverage2014attorneybillingratesfornonIPwork? $________perhourwasminimumrate $________perhourwasmaximumrate $________perhourwastheaveragerate NotApplicable(onlyperformIPwork)
30. Whatwerethefirm'sminimum,maximum,andaverage2014attorneybillingratesforIPwork? $_______ perhourwasminimumrate $_______ perhourwasmaximumrate $_______ perhourwastheaveragerate
31. Whatisthefirm’scurrentstartingsalaryforafirstyearassociate?$______________peryear
32. Whatisthefirm’saveragesalaryforapatentagent?$______________peryear
PROFESSIONALLIABILITYINSURANCE
33. Whatwasthefirm'smaximumliabilityinsurancecoveragein2014?
$_____________________eachclaim $_____________________total
34. Whatwastheliabilityinsurancedeductiblein2014?
35. 36. 37.
$_____________________eachclaim $_____________________total
Whatwasthefirm'sliabilityinsurancecostperattorneyin2014?$_____________________ HowmanyliabilityclaimsforIPmattershavebeenmadeagainstthefirminthelastfiveyears (2010–2014)?_______ WhatisthetotaldollarvalueofIPliabilityclaims,includingattorneysfees,paidinthelastfiveyears (2010–2014)bytheinsureronbehalfofthefirm?$_______________________
38. WhatisthetotaldollarvalueofIPliabilityclaims,includingattorneysfees,paidinthelastfiveyears(2010– 2014)bythefirmdirectly?$_______________________ 39. Whoisthefirm'sprofessionalliabilityinsuranceunderwriter?
ALAS ALPS AmericanHomeAssuranceCompany CNAInsuranceCompanies ColumbiaCasualty GeneralStar GreatAmerican Jamieson(NewJersey)
Kemper/Lumberman’s Lloyd'sofLondon MinnesotaMutualLawyersInsuranceCo. OregonProfessionalLiabilityFund NationalCasualty St.Paul Westport Otherinsurer(SPECIFY)______________________
TRAINING
40. Howmuchdidthefirmspendonoutsideprovidersofattorneytrainingandexternalattorneytrainingprograms asapercentageofgrossrevenuein2014?_______% 41. Otherthanthroughoneononementorship/review,doesyourfirmprovideformaltrainingtoitsattorneys regarding(checkallthatapply):
Businessdevelopment Leadership Personalgrowthordevelopment Practiceskills(e.g.,claimdrafting,caselawreview,etc.) Teamdynamicsorteambuilding
MARKETING 42. Doesyourfirmhaveamarketingdepartmentordedicatedmarketingpersonnelonstaff? Yes No 43. Whatwasyourmarketingbudget(orhowmuchdidyouspendonmarketing)asapercentageofgrossrevenuein 2014?_______% 44. Howisyourannualmarketingbudgetallocated?Responsesshouldtotal100%.
____%Advertising ____%Eventsponsorship ____%Salariesofmarketingpersonnel ____%Socialmedia ____%Travel ____%Websitedevelopment ____%Other:pleasedescribe:__________________________ 100%TOTAL
45. Doyougiveassociates“billablehour”credittowardtheirbillingrequirementfortimespentmarketingand participatinginbarassociationsorprofessionalorganizations? Yes No
46. WhatdataortypesofdatahaveyoufoundmostusefulwhenusingtheAIPLAReportoftheEconomicSurveyinthe past?_____________________________________________________________________________________ ____________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ 47. WhatdataortypesofdatawouldbeusefultoyouifitcouldbecollectedinafutureAIPLAEconomicSurvey? ____________________________________________________________________________________________ _______________________________________________________________________________________________ ____________________________________________________________________________________________ _______________________________________________________________________________________________ OPTIONAL:(TORECEIVETHEBENCHMARKSPREADSHEETTOOL,PLEASEENTERYOURCONTACTINFORMATIONBELOW) NAME:_____________________________________________________________________________ FIRM:_____________________________________________________________________________ ADDRESS:___________________________________________________________________________ CITY:_____________________________STATE:________________ZIPCODE:___________________ TELEPHONENUMBER:__________________________________________________________________ EMAILADDRESS:_____________________________________________________________________
THANKYOUVERYMUCHFORCOMPLETINGTHISSURVEY. YOUMAYFAXYOURCOMPLETEDQUESTIONNAIRETOARIAT2402681267.