how much does it cost for a utility patent with an attorney

by Dr. Theodore Mosciski 10 min read

If paying a lawyer to fill out your patent forms seems wasteful, consider how the lawyer fees get broken down: Utility patents — $280 just to file. Design patents — $180 to file. Plant patents — $180 to file.

$8,500 to $10,000 attorney and filing fees and $1,500 patent search fee for a minimally complex invention, such as a camera or power tool. $10,000 to $12,000 attorney and filing fees and $1,500 patent search fee for a moderately complex invention such as a basic cell phone.

Full Answer

What is the average cost of a patent?

Feb 20, 2022 · Patent Attorney fees. $2000-$8000+. Total Cost. $2,530-$9,200+. Preparing a utility patent includes costs for conducting a preliminary patentability search, patent drawings, and patent attorney fees. An inventor can use a patent attorney who can complete all the tasks required to prepare a utility patent for one fee.

How much does it cost to get an US patent?

Nov 02, 2020 · Many patent lawyers bill by the hour, and since a complicated utility patent application can take a long time to complete, the cost of the lawyer's time alone could end up being $10,000. Attorney fees for a non-provisional patent application can range from $5,000 to more than $15,000 depending on the complexity of the intellectual property involved.

How do you apply for an utility patent?

Attorney’s fees for drafting a nonprovisional utility patent application may range from $8,500 to over $16,000. A number of factors will affect our fees for the initial drafting and filing of a nonprovisional patent application, including:

How much does it cost to file a provisional patent?

Jul 08, 2019 · A utility patent will cost between $7,000 to $20,000. This patent cost estimate includes the short-term costs to prepare and file a utility patent application which gives you patent pending for your invention. Also, the estimate includes the long-term costs to examine the utility patent application to get the patent.

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How much should a utility patent cost?

between $7,000 to $20,000
A utility patent will cost between $7,000 to $20,000. This patent cost estimate includes the short-term costs to prepare and file a utility patent application which gives you patent pending for your invention. Also, the estimate includes the long-term costs to examine the utility patent application to get the patent.

How much does it cost to file a utility patent yourself?

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.

Is it worth getting a utility patent?

Utility patents are worth it if you have an invention or product that you know you can either sell successfully or profit from by licensing the invention to third parties who will pay you an agreed-upon fee in exchange for being able to use your patented invention.

What are the three basic fees for utility patents?

Simplified USPTO patent filing fees for a utility patent application
Type of feeLarge EntitySmall Entity
Basic filing fee – Utility$300$75
Utility Search Fee$660$330
Utility Examination Fee$760$380
Independent claims (above 3)$460$230
2 more rows
Mar 26, 2018

What is the cheapest way to get a patent?

Cheapest way to get a patent
  1. Do-It-Yourself (Draft it and File it Yourself) ...
  2. Cost of Filing It Yourself. ...
  3. Still To Expensive? ...
  4. Cost of Filing It Yourself. ...
  5. Fiverr & Other Low Cost Options. ...
  6. If Budgets Allow - The Better Option Is to Use an Attorney. ...
  7. The Cost of An Attorney.

How can I patent my idea for free?

Filing Process

You can file a patent online using the patent office's EFS-Web service. The USPTO's website includes detailed information on what should be in your application on its "General Information Concerning Patents" page under Inventors Resources and Guidance.

Do you need a prototype before a patent?

Many inventors wonder if they need a prototype prior to patenting an invention. The simple answer is “no'. A prototype is not required prior to filing a patent application with the U.S. Patent Office. While prototypes can be valuable in developing your invention, they can also be costly.

How long does a utility patent last?

20 years
A utility patent typically expires 20 years from its earliest effective non-provisional U.S. filing date. Sometimes, the patent office extends the term because of patent office delays in processing the application, or because of FDA delays in approving the patented product.Jan 4, 2021

Why You Should not patent an invention?

Disadvantages of patents

Applying for a patent can be a very time-consuming and lengthy process (typically three to four years) - markets may change or technology may overtake your invention by the time you get a patent.

How long does it take to get a utility patent?

The average patent approval process takes 25.6 months. A utility patent is the term used to describe what most people think of simply as a patent and is the most common type of patent. Utility patents protect a variety of inventions from duplication by others for 20 years from the application submission.

How do I file for a utility patent?

To obtain a utility patent, you have to file a utility patent application with the USPTO. The as-filed utility patent application includes the abstract, drawings, and description that will eventually appear in the utility patent. Utility patent applications also include claims, which describe your invention.

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 much does it cost to draft a utility patent?

Attorney’s fees for drafting a nonprovisional utility patent application may range from $ 8,500 to over $ 16,000. A number of factors will affect our fees for the initial drafting and filing of a nonprovisional patent application, including:

How much does it cost to respond to a patent?

The cost of responding to a patent Office Action ranges from $900 to to $2,800. The price of an Office Action response depends on these factors:

How much does it cost to get a patent certificate?

Our firm charges a flat rate for paying the issue fee and sending the original patent certificate to the client, which will total approximately $1,100 for a small entity.

How many Office Actions are there to get a patent?

Recent patent statistics indicate a median of approximately four Office Actions to reach a granted utility patent application. Keep in mind that this median would include cases across various technology centers which vary widely in the Office Actions per Grant (OGR) ratio. Perhaps a more relevant metric would be the Office Actions per grant ratio, which varies widely.

Does complexity reduce patent filing cost?

While the complexity of your innovation might not be adjustable, you do have some control over the number of both embodiments and aspects of the invention to pursue initially. Decreasing your examples and/or components may reduce the initial patent filing cost.

How much does it cost to get a utility patent?

The overall cost to get a granted utility patent is around $7000 to $20,000. This includes the short term costs to prepare and file a utility patent application and the long term costs to examine the utility patent application.

How to avoid patent fees?

Between the time that you file a patent application and have to spend more money to examine your patent application, no significant legal fees are being incurred. You can use this time to market your invention to test viability. If your marketing shows that the invention isn’t really viable, then you most likely won’t be incurring downstream examination costs. You most likely will abandon your patent application. On the other hand, if your market testing of the product shows that customers love your product, then perhaps, this is the evidence that you need to commit to spending more money on the examination to secure the patent. Hence, the downstream, long term patent costs should not be your focus early on when you are launching your product. The examination costs will be incurred much later and after you’ve had time to test market your invention.

How to prepare a patent application?

There are different ways to prepare the patent application. One way would be to provide a straightforward discussion and explanation of the invention. What would happen here is that the patent attorney would merely spend as little time as possible to think outside of the box to see the bigger picture of the invention. Even if the attorney spent as little time to think outside of the box to see the big picture of the invention, he or she is providing a basic patent application. Other patent attorneys will try to immerse themselves into the invention to find additional benefits and features that the inventor themselves did not think about. They will also include these features into the patent application. Both attorneys can charge the same amount of money but both applications will not be of equal value. Obviously, the latter patent attorney will provide better value for the patent cost incurred by the inventor.

What should be taken into consideration when estimating the patent cost of the patent application to secure patent pendency?

The business environment of the invention should be taken into consideration when estimating the patent cost of the patent application to secure patent pendency. For example, new emerging tech (e.g., blockchain) might require a fuller disclosure and thus more time. For example, in blockchain technoloyg, it would take more effort to explain how blockchain technology works which is a requirement in drafting a patent application for blockchain technology. In contrast, a new minor twist to old technology (e.g., belts) might require less to explain and thus less time and money.

What is pendency in patent?

Patent pendency gives you priority as of the filing date of the patent application. It also allows you to safely market your invention to others between the time period after you file a patent application until you finally get your patent, should one issue.

Why should inventors focus on short term cost of preparing and filing the patent application?

Rather, inventors should focus on short term cost of preparing and filing the patent application because that is the minimum cost needed to secure patent pendency type patent protection. The inventor can test market the product or invention during this period of patent pendency.

What is the biggest factor in patent costs?

The goals of the inventor is probably the single biggest factor to patent costs. For example, if the inventor wants to secure as much patent protection on the invention as possible, this would make the task of preparing a suitable patent application significantly more difficult.

How many pages does a technical illustrator have to draft?

2. A technical illustrator will draft up to 4 pages of patent drawings

Does LegalZoom endorse lawyers?

LegalZoom does not endorse or recommend any lawyer or law firm who advertises on our site. We do not make any representation and have not made any judgment as to the qualifications, expertise or credentials of any participating lawyer. The information contained on this site is not legal advice.

How much does it cost to get a utility patent?

A basic utility patent, also called a non-provisional patent, will cost between $5,000 and $15,000 to file. USPTO filing fees are $330, the patent search fee is around $540, plus a $220 examination fee, driving up the total cost to over $1,000, not including attorney fees. Once you file a provisional patent application, you have one year to register for a utility patent.

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.

What rights do you have as a patent owner?

As a patent owner, you have specific rights about your invention, which include: The right to license your patent to third-parties and in turn, collect royalties. The right to sell your patent and invention in general. The right to sue those who infringe on your patent.

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.

How much does a patent attorney charge?

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

What is provisional patent?

Provisional patents require that you have enough information to prove that your invention is well thought out and that enough work has been completed to ensure that the invention works.

How much does it 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+ .

How much does a patent attorney charge?

Moreover, nowadays, you may find patent law professionals charging hourly. However, the price may vary between as low as $25 and as high as $200 per hour. You may want to see their client portfolio and success rate before hiring a patent attorney.

What is utility patent?

Utility Patent Application. A patent application contains various important documents such as patent illustrations, descriptions of the invention, claims, and so on. As a result, it’s quite complex to manage the patent application. Moreover, you need to do a patent search before applying.

What is the USPTO?

The USPTO issues guidelines related to patents trademarks, and copyrights in the U.S. Also, you can see the rules and regulations properly documented on its online portal. Moreover, you may find helpful articles on the patent filing process. In table 1, you may check out the latest utility patent filing cost.

Why do inventions need multiple drawings?

Moreover, the invention may need several drawings so that the examiner can understand it. Also, if the examiner finds your patent application unclear, he/she won’t accept it.

Does the Indian Patent Office accept inventors?

In India, the Indian Patent Office accepts patent applications from inventors. Moreover, IPO issues guidelines for the applicants. In Table 2, you see the fee for various services provided by the Indian Patent Office. However, a fee may vary as it isn’t the same for different entities.

Do utility patents generate more revenue?

Moreover, utility patents generate more revenue than design and plant patents. As a result, now, companies invest money more in developing new technology or invention than anything else. Moreover, every invention comes under utility patents. Further, in this article, we’ll explain to you the factors that can influence utility patent cost.

How much does it cost to patent an idea?

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.

How much is the maintenance fee for a patent?

There are three maintenance fees that you will be required to pay to the USPTO throughout the life of your patent. The first maintenance fee will run $400 and is due 3 1/2 years after the patent is allowed. The next fee will be $900 and due at 7 1/2 years.

How to become a patent attorney?

To be qualified as a patent attorney, a lawyer will have to have achieved admission to both the state bar and the patent bar. Admission to the patent bar is achieved by satisfying the requirements of the USPTO registration exam. This exam will prove an attorney's knowledge as it pertains to patent law.

How much does it cost to file a provisional patent?

Filing for a provisional patent application. The USPTO charges a fee of $70 and up . The $70 fee is for those who meet micro-entity status.

How much does a provisional patent cost?

The filing and drafting of a provisional patent - $2,000.

What is flat fee for patent?

Flat fee. In a practice where patent work is done consistently, you may be charged a flat rate. This means the lawyer gives you a set price upfront, and that price will cover the entire process no matter how many hours it takes. Knowing how much you'll pay in advance is nice since you can budget for it without anything unexpected coming up.

Why should I hire a patent lawyer?

Why should I hire a patent lawyer? Patent lawyers know the ins and outs of patent law and perform detailed research so that your patent application is done correctly. They know how to negotiate for you, and they know what to say on patent applications.

How much does it cost to draft a patent?

Our firm charges flat rates for drafting nonprovisional patent applications which start at $8,500. Our fixed fee for drafting a utility application is based on the complexity of the invention as well as the number of variations or embodiments. Expect additional costs to start at $1,100 for a small entity (e.g., individuals or company with fewer than 500 employees), including the USPTO filing fees starting at $830 and illustrator fees starting at $250.

Does the initial filing cost factor in the USPTO?

Keep in mind that the initial filing cost must also factor in USPTO and illustrator fees if any drawings are involved. So, the total amount of drafting and filing a utility nonprovisional patent application must include the following cost variables:

How much does a utility patent cost?

A utility patent is one that protects how an invention works. That is, it protects the functional aspects of a design or device. In the United States, a utility patent for an invention typically costs $5,000 on the low-end, and the cost can reach over $15,000, depending on the complexity of what’s being patented. On average, utility patents cost around $8,500 for an invention that has medium complexity, such as a flashlight or a simple electronic gadget. More complex devices, such as cell phones, computer software, and medical devices, can easily exceed $15,000.

How to get a patent for free?

The cheapest way to get a patent is to prepare your patent application on your own and file it with the USPTO. This is not recommended because U.S patent law is quite complex, and making mistakes could end up costing you more time and money to fix down the road. If you don’t have the money to hire a lawyer, try hiring a patent agent as they usually charge less for the same type of services offered by attorneys.

Why do inventors patent their inventions?

The main reason inventors patent their inventions is to gain control over who can use, make, sell, and import the patented invention to the United States. Once an individual patents his invention, no one can use it without first obtaining his permission. This allows inventors to choose whom to allow to use their patented design/device. Many inventors sell their patents or license them to third parties in exchange for an agreed-upon fee.

Why do inventors file a provisional patent application?

Many inventors choose to file a provisional patent application prior to filing a regular nonprovisional patent application because provisional applications are cheaper to file since they require less formalities and preparation.

Who has the right to use a patent?

A patent owner has the right to control who uses, makes, sells, and imports his patented invention to the United States. No one can use or sell the patented invention or product without obtaining the patent holder’s permission.

Can a poor man's patent get you a patent?

A poor man’s patent will not get you a patent, but here is what it means. A poor man’s patent involved mailing a description of your invention to yourself in order to establish a date for your invention from the mailing date stamped on the envelope. Please do not rely on this method as it does not work and will not help you obtain a patent in any way, shape, or form.

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