how much does it cost for an attorney to sell a patent

by Taryn Metz 8 min read

In terms of total patent attorney fees, you might pay approximately $5,000 to $10,000 for a simple invention, $10,000 to $15,000 for a moderately complex invention, and $15,000+ for a complex invention. It's possible to handle the bulk of the patent application yourself and only consult an attorney on specific matters.

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 · What kinds of patent costs are there? Minor patent costs involve filing fees, which rarely go over $500. On average, filing fees cost between $200 and $300. Lawyer fees are the major costs associated with patents. The amount you'll pay in patent lawyer costs varies, but a good attorney typically starts at anywhere from $300 to $500 per hour.

How to become a patent lawyer?

Jan 16, 2022 · How much does a software patent cost? Many attorneys charge $15,000 or more for patent applications for software, but the truth is that they are actually easier than so-called “simple” mechanical inventions. Software patents get the high price tag because that is what the market will bear, not because they are any harder than other technologies.

How much is that patent lawsuit going to cost you?

In terms of total patent attorney fees, you might pay approximately $5,000 to $10,000 for a simple invention, $10,000 to $15,000 for a moderately complex invention, and $15,000+ for a complex invention. It's possible to handle the bulk of the patent application yourself and only consult an attorney on specific matters.

How competitive is the patent attorney field?

To file a patent you could pay as little as $750 if you take the “do-it-yourself” approach, or upward to $40,000+ dollars if you have a complex invention like business software, automated systems, etc. The final cost depends on the complexity & quality of the patent attorney you work with.

image

How much does it cost to buy someone's patent?

The filing fee is $130 for a small entity and drawings typically cost $100 to $125 per page, so a high quality provisional patent application for a mechanical or electrical device can typically be prepared and filed for $2,500 to $3,000.Apr 4, 2015

Can you sell a patent?

Selling a patent allows the inventor to generate income that will help pay the bills or finance other promising ideas. Selling a patent outright also eliminates the huge financial outlay required to start up a business based on a new product.Sep 4, 2020

How much does it cost to prosecute a patent?

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 $12,000 if you seek help from a patent attorney....Patent Cost.National Average Cost$8,800Minimum Cost$900Maximum Cost$16,900Average Range$6,000 to $12,000

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.

Who will buy my patent?

If you are one of the many inventors or entrepreneurs looking to buy or sell patents, here are some great places to do so:Free Marketplaces. Patent Mall. PatentAuction.com. ... Paid Marketplaces. Yet2.com. IAM Market. ... Patent Brokerage Marketplaces. ICAP Patent Brokerage. IP Trader. ... Programs for Patent Owners. Marathon Patent Group.

What are the 3 types of patents?

There are three types of patents - Utility, Design, and Plant. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.Jan 31, 2019

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.Mar 1, 2018

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.

Can you patent an idea without a prototype?

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.

Can you file a patent yourself?

You can file a patent application on behalf of yourself or your co-inventors. Alternatively, you can hire a registered patent agent or attorney to file your application for you. Patent applications require both legal and technical expertise and even small mistakes can dramatically compromise the value of the patent.

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.

How much does it cost to patent an idea worldwide?

A worldwide patent (or PCT) cost is $3500, provided you have already filed a complete patent application. It is invaluable for what it provides the inventor: the unique license to make, use, or promote his/her invention (and to license and promote it to others who will make, use, or promote it).

How much does a patent attorney cost?

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 ...

How much does it cost to file a patent?

On average, filing fees cost between $200 and $300. Lawyer fees are the major costs associated with patents. The amount you'll pay in patent lawyer costs varies, but a good attorney typically starts at anywhere from $300 to $500 per hour.

What is a nonprovisional patent?

You'll also need a different, more detailed type of application called a nonprovisional. The patent process involves a lot of research and paperwork, scientific knowledge, an understanding of patent law, and knowing how to follow the Patent and Trademark Office rules.

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 long does a patent consultation last?

At this time, they will often discuss with you their costs and fees. This consultation will usually last about 15 minutes, and, typically, any meeting after that will be billed for. To help keep your costs as low as possible, you should always be prepared when you arrive at your attorney's office and avoid unnecessary conversation.

Do patent attorneys charge hourly?

However, there are some patent attorneys who will charge a set fee in addition to an hourly fee for work that falls outside of the original project scope. It is important to note that these fees do not typically include USPTO fees.

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.

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.

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 a plant patent cost?

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

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.

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 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 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 patent attorney cost?

Most good patent lawyers will bill between $200-$400 per hour.

How much does it cost to patent an idea?

There are two ways you can patent an idea: Write and file your own patent application (the cheapest way) - total cost about $830 for most inventors to get an issued patent (USPTO government fees only). A provisional type application is only $150 to file but this only stays pending for 12 months.

How much does it cost to file a provisional patent?

A provisional type application is only $150 to file but this only stays pending for 12 months. Hire a registered patent attorney or patent agent to write and file a patent application for you (the most expensive way) - total cost $5,000-$10,000 mostly in attorney billing time.

How much is the USPTO maintenance fee?

Maintenance fee (due 3.5 years after your patent is allowed) - USPTO fee $500. Maintenance fee (due 7.5 years after your patent is allowed) - USPTO fee $940. Maintenance fee (due 11.5 years after your patent is allowed) - USPTO fee $1,925. Please note these fees are spread out and they do not occur all at once.

image