how much does it cost for a patent attorney

by Trisha Balistreri I 3 min read

Patent Attorney Cost When you hire an attorney to prepare a new patent application, you can expect to pay between $3,000 and $5,000 on average plus the USPTO

United States Patent and Trademark Office

The United States Patent and Trademark Office is an agency in the U.S. Department of Commerce that issues patents to inventors and businesses for their inventions, and trademark registration for product and intellectual property identification.

fees. Most experienced lawyers will charge between $200 and $400 per hour.

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 much does LegalZoom charge for a patent?

Nov 01, 2021 · 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. The median hourly rate across all business sizes was $400 in 2018.

How to become a patent lawyer?

Mar 17, 2022 · The fee is a few hundred dollars, half as much for small entities (like small businesses) and a quarter as much for individual inventors. When most people talk about patents they are talking about utility patents. The utility patent cost does not come from the patent office but from the cost of paying a lawyer to prepare the application.

How much is that patent lawsuit going to cost you?

Feb 01, 2022 · 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.

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How much is a patent attorney?

If you work with a patent attorney or advisor, they'll help you through the application process. Applications typically cost £4,000 and the process usually takes 5 years. There are 8 steps if you apply for patent protection in the UK through the Intellectual Property Office ( IPO ).

What is the average cost of a patent?

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.

Can someone steal my idea if I have a patent pending?

As soon as you file a patent application with the U.S. Patent and Trademark Office (USPTO), your invention is "Patent Pending." Once your application is submitted, nobody can steal, sell, or use your invention without your permission. If this happens, they are infringing on your patent, assuming it gets issued.

How can I get a free patent?

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.1 Mar 2018

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 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.

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 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.

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.

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.

How much does it cost to draft a patent?

There are plenty of patent attorneys who quote much, much less than $12,000 to draft a patent application. But beware. One of the standard practices is to quote a much lower fee to draft the patent application, but make it all up with the back-and-forth with the patent examiner.

How much does it cost to write a provisional patent?

Provisionals are *more* expensive, plus there are huge risks with provisional patent applications . Some attorneys will charge as little as $2000 to “write” a provisional patent application, but then charge you much, much more to write a non-provisional application a year later.

What is the difference between a patent attorney and a patent agent?

The difference between a patent agent and a patent attorney is merely that the patent attorney went to law school. Both the patent agent and the patent attorney have to have engineering or science degrees, and both have to pass the same Patent Bar Exam.

What is patent preparation?

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. Typically, the patent preparation phase is what an attorney will quote a client, but it is often only 25% or so of the total.

Why do we need provisional patents?

The real reason why a provisional patent application exists is that there was a loophole for foreign companies who file in the US to get an extra year of patent life.

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Patent Cost

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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 pr…
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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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