[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR10.36]

[Page 355-356]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                         DEPARTMENT OF COMMERCE
 
PART 10--REPRESENTATION OF OTHERS BEFORE THE PATENT AND TRADEMARK OFFICE--Table of Contents
 
Sec. 10.36  Fees for legal services.

    (a) A practitioner shall not enter into an agreement for, charge, or 
collect an illegal or clearly excessive fee.
    (b) A fee is clearly excessive when, after a review of the facts, a 
practitioner of ordinary prudence would be left with a definite and firm 
conviction that the fee is in excess of a reasonable fee. Factors to be 
considered as guides in determining the reasonableness of a fee include 
the following:
    (1) The time and labor required, the novelty and difficulty of the 
questions involved, and the skill requisite to perform the legal service 
properly.
    (2) The likelihood, if apparent to the client, that the acceptance 
of the particular employment will preclude other employment by the 
practitioner.
    (3) The fee customarily charged for similar legal services.
    (4) The amount involved and the results obtained.
    (5) The time limitations imposed by the client or by the 
circumstances.

[[Page 356]]

    (6) The nature and length of the professional relationship with the 
client.
    (7) The experience, reputation, and ability of the practitioner or 
practitioners performing the services.
    (8) Whether the fee is fixed or contingent.