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The cost of a patent varies based on the kind, complexity, and whether or not you engage an attorney. In general, the expenses of filing a patent are as follows:
- Fees charged by the US Patent and Trademark Office (government) range from $50 to $700.
- Maintenance (renewal) fees range from $400 to $7,400 each year.
- $1,000 to $10,000 for a patent lawyer (search and application).
- Cost of a patent: $1,500 to $15,000
Expect to pay the following for a certain kind of patent:
- $5,000 to $15,000 for a utility patent (product).
- $2,500 to $3,500 for a design patent (aesthetics).
- $1,500 to $3,000 for a provisional patent (utility pending).
Costs of a Patent
Fees charged by the United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is the federal office in charge of issuing patents and trademark registrations in the United States. You’ll have to pay three types of fees to the USPTO, regardless of the patent: filing, search, and examination.
The USPTO charges the following fees:
- Fees ranging from $50 to $700: A filing fee is charged by the United States Patent and Trademark Office (USPTO) in order to process your patent application. The price varies depending on the kind of patent and if you submit it online.
- Fees ranging from $40 to $660 for a patent search that finds existing innovations or applications that are related to your creation.
- These costs range from $150 to $760 and cover the USPTO’s evaluation of your patent application.
The USPTO’s Fee Schedule provides a complete breakdown of search, filing, and examination fees for each patent category.
The United States Patent and Trademark Office (USPTO) imposes fees dependent on the size of the company submitting the patent application. A firm with more than 500 workers is required to pay the entire cost. A “small” company with less than 500 workers pays 50%. The filing charge for a one-person “micro” inventor is 25% of the total filing fee.
Maintenance Fees
A fee is required to renew a utility patent. Fees vary from $400 to $7,400 and are due three times throughout the life of a patent. The cost is determined by the size of the company submitting and the patent’s age.
Your patent protection will expire if you do not pay. The patent’s rights are no longer enforceable. When filing for a utility patent, keep these fees in mind.
Costs of a Patent Attorney
A patent attorney is a lawyer who specializes in intellectual property law and assists innovators with the patent application process. Patent attorneys normally cost by the hour, however, others operate on a fixed rate basis. A patent attorney’s hourly pricing varies, but anticipate to pay anywhere from $1,000 to $10,000 in total.
The following expenses are covered by patent attorney fees:
- Conducting a professional patent search: Your attorney will conduct a search of the USPTO database to see whether your invention is comparable to one that has already been granted.
- Creating the patent application materials: A patent lawyer will create the application materials, ensuring that they include all of the essential information and follow the USPTO’s formatting guidelines.
- Negotiating with the USPTO and communicating with it: Many patent applications include complicated or confusing material. Your patent attorney may need to communicate with the USPTO in order to answer questions and clarify issues. They will also defend your patent if it is opposed to or denied at the outset.
What are the different types of patents and how much do they cost?
Patents are divided into two categories: usefulness and design. You may also get a provisional patent, which provides your idea a year of patent-pending status. The cost of a patent is determined by the kind of patent and the intricacy of your invention.
A Quick Overview of Patent Types
1. The Price of a Utility Patent
Ninety percent of patents granted by the USPTO are utility patents. They safeguard the development of beneficial goods, processes, or equipment. For example, Apple’s iPhone is covered by multiple utility patents, making it unlawful for firms to replicate or mimic the device without a license.
The cost of a utility patent may vary from $5,000 to more than $15,000, including attorney expenses. It may endure up to 20 years if properly cared for.
The following is a breakdown of utility patent costs:
- Fees for filing with the US Patent and Trademark Office range from $75 to $700.
- Fees for USPTO searches range from $165 to $660.
- Fees for USPTO examinations range from $190 to $760.
- Maintenance fees range from $400 to $7,400.
- Lawyer fees range from $3,000 to $10,000.
Patent applications for utility inventions must contain extensive explanations of how the invention functions. The application procedure might be long and costly due to the detailed explanations.
Utility patents are required for people who wish to restrict others from making, selling, using, or distributing their goods or innovations without their permission, despite the fact that they are costly.
After three, seven, and eleven years of use, utility patents demand maintenance or renewal costs.
Consider utilizing LegalZoom to prepare and submit your utility patent application if you’re on a limited budget and can’t afford a patent attorney. It costs $3,099 plus federal filing fees, which range from $430 to $1720. LegalZoom will double-check your application and submit it to the USPTO. It will also keep in touch with you while your application progresses through the evaluation process.
2. The Price of a Design Patent
A design patent protects a functioning item’s aesthetics or design. Because the homepage is considered a separate part of the entire search engine, Google owns a design patent for it.
Design patents range in price from $2,500 to $3,500, including patent attorney costs, and are valid for 14 years.
The following is a breakdown of design patent costs:
- Fees for filing with the US Patent and Trademark Office range from $50 to $200.
- Fees for USPTO searches range from $40 to $160.
- Fees for USPTO examinations range from $150 to $600.
- Fee for maintenance: N/A
- Cost of an attorney: $1,500 to $3,000
An application for a design patent is less complicated than one for a utility patent. It simply has to contain a minimum amount of text and a drawing of the innovation. A design patent is required to protect the look, design, form, or general ornamentation of an invention, such as the computer.
The cost of a design patent is less than that of a utility patent. However, if you use LegalZoom instead of an attorney, you may save a lot of money. They’ll do a design patent search, prepare your application, and examine your design drawings for accuracy and clarity for $1,099 plus federal filing costs ($240 to $960). When the application is complete, LegalZoom sends it to the USPTO.
3. Cost of a Provisional Patent
A provisional patent allows you to keep your innovation “patent-pending” while you work on it, get funding, or prepare your nonprovisional utility or plant application. Provisional patents are only valid for a year, after which you must submit a nonprovisional application. It might be one of the first legal measures you take when beginning a new company.
A provisional patent costs between $1,500 and $3,000, depending on the intricacy of the innovation.
The following is a breakdown of provisional patent costs:
- Fees for filing with the US Patent and Trademark Office range from $70 to $280.
- Fees charged by the United States Patent and Trademark Office (USPTO): none
- Fees charged by the United States Patent and Trademark Office (USPTO): none
- Fee for maintenance: N/A
- Lawyer fees range from $1,000 to $3,500.
A provisional patent is often used by an inventor to protect their concept while giving them time to further develop it. Alternatively, they may need the time to sell it to potential investors. It’s necessary to file a nonprovisional patent application after 12 months. Otherwise, your provisional patent will expire, and you will have to reapply.
For example, if you applied for a provisional patent on April 30, 2020, you must apply for a nonprovisional patent by April 30, 2021. Because you’ll be paying for two applications instead of one, this method will raise your costs.
LegalZoom has developed tools to assist you with the provisional patent filing procedure. For $199 plus the federal filing fee ($70 to $280), the program will aid you in submitting your innovative design to the USPTO. All of LegalZoom’s patent services are backed by a 100% satisfaction guarantee.
How Can You Lower Your Patent Costs?
There are four major strategies to lower patent expenses. By ensuring that your innovation is complete before submitting an application and shortening the procedure, you may save money. It’s preferable to be proactive regarding your application’s content rather than reactive when a problem emerges.
To lower the cost of acquiring a patent, do the following:
1. Write a rough draft
Create a first draft of the patent application utilizing an online legal service’s document collection before hiring a patent attorney. This method may let an attorney spend fewer billable hours on a document. If you already have an attorney, request a template so you can prepare the first draft and save money on drafting expenses.
2. File a Complete Invention Patent
It’s tempting to apply for a patent before the invention is finished when you’re creating a concept. Submitting an incomplete innovation or design, on the other hand, will waste your patent lawyer’s time and raise your legal costs. By finishing the specifics of your innovation before submitting your patent application, you may save money on patent attorney expenses.
3. Describe your invention in detail.
Give your patent attorney a comprehensive description of your idea. This will cut patent lawyer costs by reducing confusion and back-and-forth between attorneys and the USPTO.
4. Begin by obtaining a provisional patent.
Apply for a provisional patent initially if you want to get a utility patent but are still working out the specifics. This will save you money in the near run. This patent will provide you with enough time to establish and build your new firm centered on your product. Remember that you’ll have to pay for those charges again when you apply for a nonprovisional (standard) patent.
The Benefits and Drawbacks of Obtaining a Patent
Patents are a great tool to safeguard your intellectual property, but they aren’t always the greatest choice. Filing a patent has various benefits, including enhanced reputation and competitive advantage. The filing procedure, however, is expensive and does not provide permanent protection.
Benefits of Obtaining a Patent
- Security: Protects your invention from being stolen, making your investment worthwhile.
- An innovation becomes your intellectual property after it has been patented.
- A patent gives you a competitive advantage by preventing your rivals from using the same design or relying on the same functionality as your innovation.
- Credibility and commercial value: Having a patent may help you market an idea or service based on your creation. It prevents rivals from stealing your intellectual property.
- Patents offer innovators the right to money from licensing to their innovations, even if they are not compelled to produce a product or service.
The Drawbacks of Obtaining a Patent
- The application procedure for acquiring a patent may be lengthy, lasting many years.
- Liability/patent defense: When you get a patent, you’re in charge of defending it.
- Transparency: When you file for a patent, you must make every confidential aspect of your innovation public.
- Patent coverage is limited: A patent only grants you rights to the product detailed in the patent.
- Maintenance costs are charged three times over the life of a patent and are included in the total cost of the patent.
Frequently Asked Questions
Should I apply for a nonprovisional or provisional patent?
Provisional patents are a low-cost option to protect intellectual property while developing an innovation, which we advocate. They’re an excellent approach to safeguard innovations while they’re being developed, money is being arranged, or the nonprovisional application is being prepared. They are less costly than nonprovisional (regular) patents, but they only last a year. A nonprovisional application will still cost you money.
What Is the Best Way to Find a Patent Attorney?
Consider using Rocket Lawyer’s Find a Lawyer function if you need assistance with the patent application procedure. Select your state from the pulldown box under “Copyrights, Trademarks, and Patents” on the page. Local patent lawyers’ contact information, credentials, and typical fees will be provided by Rocket Lawyer.
What Is the Cost of a Name Patent?
Because patents are exclusively for innovations, designs, and plants, it is impossible to patent a name. Learn more about trademarks vs. patents and if you should go through with the trademark procedure if you want to protect a name.
What Is a Plant Patent and How Does It Work?
Plant patents account for 0.3 percent of all awarded patents. They’re for newly discovered plant kinds that can only be replicated under certain circumstances. These patents do not apply to microorganisms or some plant species. Plant patents cost between $4,500 and $8,000 on average, including patent lawyer costs, and they endure for 20 years if properly maintained.
Conclusion
It’s essential to study as much as you can about patents before visiting a patent attorney or an internet legal agency. Consider using a conventional patent template to design your own patent first. Even a basic understanding can lead you in having a more successful dialogue with an attorney. Furthermore, by preparing the fundamentals of your patent application yourself, you may save an attorney time and money by paying for fewer billable hours.
