how much does a patent attorney charge

by Mr. Moses Zulauf MD 7 min read

Patent lawyer cost varies based on your geographical location and the attorney's credentials. With that in mind, you can expect to pay somewhere around $100 to $500 or more per hour, with mean hourly costs being closer to $250 to $450. In major metropolitan hours, however, patent lawyer fees could be double this amount.

A patent attorney will usually charge between $8,000 and $10,000 for a patent application, but the cost can be higher. In most cases, you should budget between $15,000 and $20,000 to complete the patenting process for your invention.

Full Answer

What does it take to become a patent attorney?

Jun 24, 2020 · A patent lawyer can help you with the how to patent an idea process and typically costs around $380 per hour depending on location, type of law firm, and experience in years or technical training. Location: Experienced patent attorneys outside major cities are between $275 to $400 per hour, while attorneys in major cities are between $400 to $800+ per hour.

How to become a patent lawyer?

How much do patent attorneys charge? Be prepared to pay them about $45,000 through the entire process. The patent process involves two major phases. Patent “preparation” is when the patent is originally drafted and filed with the patent office, and patent “prosecution” is the back and forth that happens with the examiner.

How much is that patent lawsuit going to cost you?

Dec 31, 2017 · Currently, patent attorneys charge an average of $340 per hour, but the figure is subject to many factors which will be discussed below. The charges are based on billable hours which are the hours spent discussing business matters. If you land an unscrupulous lawyer, it is possible that he/she might extend the billable hours to make more money. Charges based on …

How competitive is the patent attorney field?

Nov 01, 2021 · Finding a patent lawyer with the specialist knowledge you need can be a challenge; The expertise of a patent lawyer makes them very costly. The cost of using a patent law firm. According to the American Intellectual Property Law Association, in 2019 the typical billing rate for a patent attorney was $516 per hour for law firms with 101 or more employees.

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Why are patent lawyers so expensive?

You have to remember that most patents are filed by corporations. ... Since most of the patents are filed by companies, most patent attorneys do work for companies and therefore are not very price sensitive and can charge these high rates.

How much does it cost to patent something?

A patent can cost from $900 for a do-it-yourself application to between $5,000 and $10,000+ with the help of patent lawyers. A patent protects an invention and the cost of the process to get the patent will depend on the type of patent (provisional, non-provisional, or utility) and the complexity of the invention.

How much does a patentability opinion cost?

The low range ballpark figure for a patentability opinion would be $1,000.00. Again, it is important to remember that the complexity of the field of invention and number of related patents greatly affects the likely expenditure.

Can a patent attorney steal your idea?

However, patent lawyers are bound by ethics and professional responsibility requirements. Stealing an idea would be a serious breach of duty for a lawyer that can expose him or her to punishments from the bar, and the original inventor would likely be able to sue for theft.

How can I patent my idea for free?

The Patent Pro Bono Program attempts to match inventors with registered patent agents or patent attorneys. These practitioners volunteer their time without charging the inventor. However, the inventor still must pay all fees that are required by the USPTO; these cannot be paid by the practitioner.Mar 1, 2018

Is getting a patent worth it?

The primary benefit of a patent is the right to stop your competitors from selling the same product. You can become the sole supplier of the product. Based on the law of supply and demand, lowering the supply allows you to sell your product at a higher price. If sales are strong, then the patent is absolutely worth it.Aug 6, 2019

What is a poor man's patent?

A poor man's patent is essentially writing out a description of your invention and then mailing that written description to yourself. This postmarked envelope supposedly acts to create the date of your invention as the date this written description was postmarked.

How long does a patent last?

20 yearsA U.S. utility patent, explained above, is generally granted for 20 years from the date the patent application is filed; however, periodic fees are required to maintain the enforceability of the patent.Feb 25, 2021

Is it hard to get a patent?

Since patents are legal articles, they can be somewhat difficult to obtain. ... Once you've determined precisely what you want to patent, you'll need to do a patent search to make sure someone else hasn't already come up with the idea. If your idea is truly new, you'll need to fill out a hard copy or online application.

Who stole inventions?

5 Creative Innovators Who Stole Their Biggest IdeasAlbert Eistein. When most people hear the name of the famous physicist, they think: he was the one who discovered the theory of relativity. ... Alexander Graham Bell. The telephone... ... Mark Zuckerberg. ... Quentin Tarantino. ... William Shakespeare.Nov 11, 2016

How do I find out if my idea is already patented?

One way of checking whether or not your product or idea has already been invented and patented by somebody else is to consult the EPO's free search service Espacenet. The database contains more than 130 million patent documents - most of them patent applications rather than granted patents - from around the world.

Can I sell my invention without a patent?

Yes, you can sell an idea to a company without a patent. However, the company needs to enter into a contract such as a nondisclosure agreement (NDA). ... As such, you may need to get at least a patent application on file to pitch your idea.Aug 13, 2019

Why is legal support important?

This is also why having legal support is beneficial -- especially if you ever need to defend your patent. Maintenance fees that are required three times throughout a patent's life . This drives up the final cost. The fact that coverage is limited to that specific product in regards to its design and/function.

What is a poor man's patent?

If you hear about a poor man's patent, this refers to the process of drafting a document that outlines your invention. The idea is that upon sealing and mailing the document to yourself, you could show a date based on the postmark. This would confirm the time in which your invention was first in your possession.

How much does a provisional patent cost?

The type of patent you apply for will also impact the cost. For example, a provisional patent can cost up to $3,000, whereas a utility patent can cost up to $15,000 or more. Each type of patent is best suited for varying scenarios.

What is the requirement for an invention to be patentable?

For an invention to be patentable, it must be statutory, new, useful, and non-obvious. Explore the demand for your invention in terms of its commercial potential. There's no point in spending hundreds if not thousands of dollars on a patent if the marketplace won't respond.

How much does a patent lawyer cost?

In this case, a patent lawyer tends to cost between $1,000 and $3,000. Depending on your invention, it may qualify for both a design and a utility patent. It's important to discuss your invention with your lawyer, as a design patent can be limited, whereas a utility patent is broader, increasing overall protection.

How much does it cost to get a plant patent?

Plant Patent Cost. To obtain a plant patent you can expect to pay between $4,000 and $8,000, which applies to newly-invented plant types. These patents do not cover bacteria, and some plants do not apply, so make sure you understand what qualifies and what doesn't.

What is provisional application?

A provisional application is a less formal version of an application when compared to the non-provisional patent application. It does not require a particular format or explicit claims — the critical component of the non-provisional patent application.

How much does a plant patent cost?

Generally, the plant patent cost will be between $10,000 – $40,000.

What is a continuation patent?

A continuation is much like a divisional, in that it is a child of and most come from a parent patent application. Different from a divisional, a continuation is filed optionally when additional (new) claims are sought for an invention.

What is the first true up front cost?

The first true up-front cost is the time and effort it takes for the inventor to conceive the invention. This is a major and essential part of the actual invention process.

What is the most important thing to remember about design patents?

So, the most important thing to remember about design patents is that what you own at the end of the day is the 3D appearance of the object, not what it does (which is what utility patents cover), but instead what it looks like.

Patent Attorney Fees

While you might have a great idea for a new invention, unless a patent is obtained for it, you won't have exclusive rights to make, use, and sell the invention.

What Do Patent Lawyers Do?

Generally speaking, patent attorneys help clients file a patent application and get a patent. In practice, that means providing assistance in the following areas:

Patent Lawyer Average Costs

Patent lawyer cost varies based on your geographical location and the attorney's credentials. With that in mind, you can expect to pay somewhere around $100 to $500 or more per hour, with mean hourly costs being closer to $250 to $450. In major metropolitan hours, however, patent lawyer fees could be double this amount.

What is a patent lawyer?

Patent lawyers often manage a team of specialists: technicians with expertise in the field, illustrators to make figures and paraprofessionals that make sure the filings are complete. All of this adds up, and quickly, making utility patents expensive.

Can an inventor draft a patent?

In the United States, inventors can submit a draft patent application and, within a year of filing, convert it to a full utility application. Provisional patent applications have fewer formalities so they are less expensive to draft. The subsequent utility application can also fix and refine the application.

What is utility patent?

Utility Patents. Utility patents protect specific kinds of things: machines, methods or systems. There are other kinds of patents that exist, which do not require such complex applications or drawn out prosecution. A design patent, for example, protects the way an invention looks.

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Patent Cost

  • To obtain a patent, you could pay as little as $900 if you take the "do-it-yourself" approach, or an average of $6,000 to $12,000if you seek help from a patent attorney. The final cost to patent an idea will depend on the complexity of the invention and the type of patent that's required. Obtaining a patent can help you protect your invention, ensuring that others cannot use, make, o…
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Table of Contents

Average Cost to Patent An Idea

  • The average cost to patent an idea ranges from $5,000 to $16,000+ depending on how simple or complex your invention is. An extremely simple design such as a paper clip typically costs $5,000 to $7,000 to patent, whereas a highly complex invention such as software or satellite technologies runs $14,000 to $16,000+.
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Cost to File A Patent Application

  • According to the United States Patent and Trademark Office (USPTO), the basic cost to file a patent application is $300. However, if you are a small entity, the price is $150, and the micro entity fee (for an individual) is just $75. The main distinction between these costs is whether or not you take the "do-it-yourself" approach or seek help from a patent attorney. Of course, each sc…
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Patent Costs by Type

  • The type of patent you apply for will also impact the cost. For example, a provisional patent can cost up to $3,000, whereas a utility patent can cost up to $15,000or more. Each type of patent is best suited for varying scenarios. 1. A utility patent is ideal when you want to protect a tangible item or product. This is the most expensive type of patent, costing between $5,000 and $15,000…
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Frequently Asked Questions

  • What is a poor man's patent?
    While this is an interesting theory, it is no longer valid. If you hear about a poor man's patent, this refers to the process of drafting a document that outlines your invention. The idea is that upon sealing and mailing the document to yourself, you could show a date based on the postmark. Th…
  • What is the cheapest way to get a patent?
    Of course, the cheapest way to obtain a patent is to complete this process yourself. To do so, you should take critical steps. 1. Keep clear, detailed records. It's recommended that you record every step involved in the process of your invention, filling notebooks that are dedicated to your idea. 2…
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