how much does it cost for an attorney to sell intellectual property

by Fletcher Hoppe 7 min read

Most intellectual property lawyers charge between $150 - $400 per hour. Some types of registration, such as filing for a basic trademark, may be offered for a flat fee between $1,000 - $2,000. Depending on the complexity of an invention, lawyer fees for patents can easily cost $10,000 or more.

If you are looking for experienced patent attorneys at a reputable firm you should anticipate hourly rates to be somewhere between $275 to $400 per hour in areas outside major metropolitan areas and somewhere between $400 to $800+ per hour in major metropolitan areas.

Full Answer

How much does a patent lawyer cost?

Mar 24, 2013 · Intellectual Property Law Attorney in Los Angeles, CA. Reveal number. tel: (310) 478-1000. Private message. Call. Message. Posted on Mar 28, 2013. For most website business, your relationship with an IP attorney will be on-going. Rates can be hourly or flat fees depending on the task and the attorney.

Is it easy to sell intellectual property?

Sep 01, 2009 · This adds considerable cost to the registration process, as it may be necessary to engage patent attorneys or similar IP advisors in those individual countries. You would need to budget between A$5-$10,000 for patent attorney fees in Australia and a minimum of A$10,000 per country in which you wish to register the Design.

How much does it cost to get a utility patent?

Jun 16, 2021 · An application cost payable when filing for registration of intellectual property.There are different fees that will be charged for different intellectual property depending upon the nature of the intellectual property and the location was the user wants to register.

How much does it cost to register a patent internationally?

Oct 25, 2021 · The fee to register your copyright will depend on what you're registering and whether you're registering online or by mail. For example, at the time of the writing of this article, the following fees were applicable for registration of copyright for a single work of authorship: Online registration: $45. Print registration: $125.

image

How much does intellectual property cost?

Depending on the type of work being protected, currently fees vary between $25-$100 in the US. The most frequent copyright registration sought is for one work by one author, and costs about $35.Jan 6, 2017

How much does an intellectual property patent cost?

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. Previous: Why should you file a patent application?

How is intellectual property sold?

Selling Your Intellectual Property Copyrights are able to be sold or transferred as long as the transaction is done in writing. Many copyrights When completing the sale, it is important to have a proper Copyright Assignment agreement done to ensure the rights are transferred from one entity to the next.

How much do IPR lawyers earn?

How much can an Intellectual Property Lawyer earn? The salary of an Intellectual Property Lawyer differs from individual to individual. The entry-level salary of an aspirant is around INR 2,40,000/- while the mid-level-salary is INR 6,00,000/-. In the senior-most stages, a lawyer can make up to INR 11,00,000/-.May 5, 2020

Can IPR be sold?

The concept of trading in intellectual property rights (IPRs) and leveraging arbitrage opportunities in them is slowly gaining currency in India. IPRs can be bought, sold and licensed, and contributed as capital in a joint venture or offered to strike a strategic alliance.May 24, 2013

How much does it cost to prosecute a patent?

Cost to File a Patent ApplicationItemAverage CostUtility Patent Application$5,000 – $9,000Utility Patent USPTO Filing + Search + Examination$1,000Illustrations for Utility Patent Application$400Total$8,200 – $16,9002 more rows

Can intellectual property be traded?

An IP owner can both commercialise the IP themselves and raise income by licensing the IP to someone else. IP holders can license another business to trade in territories that the owner cannot cover. A business may 'buy-in' innovation to reduce its research and development costs.Jan 4, 2022

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.

What is a poor man's patent?

The theory behind the “poor man's patent” is that, by describing your invention in writing and mailing that documentation to yourself in a sealed envelope via certified mail (or other proof-of-delivery mail), the sealed envelope and its contents could be used against others to establish the date that the invention was ...Oct 13, 2019

How much do patents sell for?

If the corporation makes an offer, it will typically be anywhere from $50 thousand to $8 million, and can be higher. On the other hand, an inventor trying to simply market an issued patent to corporations, is likely to get anywhere from $5,000 to $35,000.

How do you buy rights to intellectual property?

The only way to buy it is through legal avenues. Any time anyone is selling any kind of intellectual property, they should have all the legal documents regarding the creation or invention; like a copyright or patent declaring their ownership. If the paperwork cannot be produced, buying it is not possible.

How can you make money with IP?

There are two common ways to make money off your IP.Assigning or Selling your IP. Assigning or selling your IP involves a permanent transfer of the specified IP assets to another individual or business. ... Licensing.Nov 1, 2021

How is the sale of intellectual property taxed?

A person who sells/assigns all (or substantially all) of their rights to Intellectual Property will generally be treated as having “sold” their interest in the IP asset for federal income tax purposes, and generally will be taxed at capital gain rates.

Where do IP attorneys make the most money?

1. New YorkTotal Intellectual Property Lawyer Jobs:201Average Annual Salary:$161,760Lowest 10 Percent Earn:$106,000Highest 10 Percent Earn:$246,0001 more row•Apr 6, 2021

What is the highest paid lawyer?

Highest paid lawyers: salary by practice areaPatent attorney: $180,000.Intellectual property (IP) attorney: $162,000.Trial attorneys: $134,000.Tax attorney (tax law): $122,000.Corporate lawyer: $115,000.Employment lawyer: $87,000.Real Estate attorney: $86,000.Divorce attorney: $84,000.More items...•Dec 14, 2021

What is the highest paying attorney job?

Some of the highest-paid lawyers are:Medical Lawyers – Average $138,431. Medical lawyers make one of the highest median wages in the legal field. ... Intellectual Property Attorneys – Average $128,913. ... Trial Attorneys – Average $97,158. ... Tax Attorneys – Average $101,204. ... Corporate Lawyers – $116,361.Dec 18, 2020

How much is a trademark worth?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

How do I sell my copyright?

Selling a Copyright A US copyright may be sold or transferred as long as the transfer is in writing and signed by the party relinquishing ownership. However, a copyright is rarely sold outright; more often it is transferred as part of a business agreement.

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

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.

How much does InventHelp cost?

InventHelp cost InventHelp does not publish rates on its site, but, according to the New York Times, a two-year agreement can cost $800 to $10,000. The price varies based on the marketing plan and what services you utilize.

Who enforces intellectual property rights?

Intellectual property laws passed by Congress are overseen by two government agencies: the U.S. Patent and Trademark Office and the U.S. Copyright Office. The U.S. Patent and Trademark Office is responsible for issuing and monitoring all federally registered patents and trademarks.

How long does intellectual property last?

Copyrights generally only remain in effect for 70 years following an author's death. The copyright on any “made for hire” works, including those owned by small businesses, remain in effect for 120 years post-creation or 95 years post-publication. Whichever date comes first is the one that prevails.Jun 12, 2020

Can an individual own an IP?

Who Owns IP? Normally, the person who thought up an idea or concept that's the subject of IP is the owner. However, it's possible to release or transfer IP rights through the following means: Transaction.

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).

Can you file a patent yourself?

You can file a patent application on behalf of yourself or your co-inventors. ... Patent applications require both legal and technical expertise and even small mistakes can dramatically compromise the value of the patent. That expertise comes at a cost and even a simple patent can cost several thousand dollars.

What is intellectual property law?

Intellectual property law helps individuals and businesses protect their inventions and creations so they can profit from them. Scroll to learn more about intellectual property and how you can get affordable legal advice for your business.

Can software be protected by a patent?

Other situations such as software development can be protected with both a patent and a copyright, and there may be a need for a trademark as well. Attorneys that specialize in this area of law help their clients develop the right intellectual property strategy.

What is a trademark?

A trademark protects brand names, taglines and logos used on goods. Logos are considered Design Marks while plain text names and taglines are considered Word Marks. You may need both types of trademark. Service Marks are used to protect the names of intangible assets like ideas and songs.#N#For example, if you own a restaurant or other food business and you want to make sure nobody else in your area uses the same name and logo as you, a trademark would protect you.#N#Learn more here about getting legal assistance for trademark law.

Michael Charles Doland

It varies from attorney to attorney. Some are willing to sit with a novice with no prior experience in business or access to finance and listen to an "idea" at no charge. Ideas alone cannot be protected so you better arrive with something more.#N#Others will ask a summary of what you want to discuss and your objectives in...

David Nima Sharifi

For most website business, your relationship with an IP attorney will be on-going. Rates can be hourly or flat fees depending on the task and the attorney. In my firm, virtually all intellectual property legal services we provide to startups are structured as flat-fees allowing entrepreneurs to budget legal costs.

Maurice N Ross

There is no way to answer this question, because cost depends on many factors. Some attorneys will handle simple matters for flat fees, such as trademark searches and applications. Some firms will prepare and prosecute provisional and utility patent applications for flat fees although most experienced patent attorneys charge by the hour.

Frank A. Natoli

The cost of hiring an IP lawyer will vary greatly as my colleague noted.#N#For example, there are several services my firm provides on a flat fee basis, such as tradmark clearance and filing or copyright registration. Many firms require a retainer to be deposited upfront and bill on an hourly basis.

Do you need to protect intellectual property?

Yes, you also need to ensure the employment and consultancy contracts clearly state your ownership of all intellectual property developed for you. You can also take advice on the extra steps needed to protect your intellectual property rights. see more. Show more replies.

What happens if you don't protect your IPR?

We only need to remember how Bill Gates was able to use Microsoft’s IPR to build one of the largest and most profitable businesses in the world to recognise that if you do not protect your IPR, you will have no business – or at least not a business that strides the world stage.

How long does a trademark last?

Registration of a trade mark however gives the registered owner the exclusive right to use the trade mark for 10 years. It may be renewed indefinitely.

Who invented the light bulb?

Edison was, however, the first to successfully patent the light bulb in 1880. It’s U.S. Patent No. 223,898. Edison was in fact one of the most successful and prolific inventors and businessmen of his time, with 1,093 registered patents, which he used to effectively protect his business empire.

Does copyright require registration?

Copyright does not require formal registration on a central register nor does it require the use of © to claim copyright. Copyright protection is automatic. As a precaution however, it is wise to use the copyright notation as it puts other parties on notice of your claim to ownership of the material.

What is the purpose of a patent?

Patents protect inventions. Registration of a patent provides the exclusive right to exploit the invention. Without registration, there is no protection. If the invention is “public knowledge”, subject to certain limited exceptions, there is no protection.

Why would an intellectual property application be rejected?

Intellectual property authorities may reject the application because of any similarity or unauthorized use of any intellectual property. Cost may vary depending on the number of rejections and oppositions received for a particular intellectual property.

What are the different types of intellectual property?

There are different types of intellectual property (IP) that can be legally protected: patents, trademarks, copyrights, and trade secrets. Each has its own attributes, requirements and costs. Below mentioned are some basic cost involved in intellectual property:

What is application cost?

Application cost. An application cost payable when filing for registration of intellectual property. There are different fees that will be charged for different intellectual property depending upon the nature of the intellectual property and the location was the user wants to register.

What is a statement of use?

A Statement of Use is simply a declaration from the applicant that they have actually started using their intellectual property for commercial use. The authorities charge as per the class of goods/services for filing the Statement of Use. Once the intellectual property is registered the owner has to file a declaration for continued use ...

What is late payment cost?

late payment cost will be charged for any default in paying the renewal cost within a certain period of time. the renewal cost may depend upon the location where the intellectual property is effective.

What is attorney fee?

Attorney fee: attorney fees are associated with the legal consultancy and hiring an agent to help with the legal formalities to attain a monopoly on intellectual property. Hiring a professional on your behalf include:

What is an expert attorney?

An expert attorney is often required to draft some important documents to acquire rights on intellectual property. The cost may vary depending upon the complexity of the case and upon the expert hired. Consultation cost.: seeking the guidance of an expert attorney may charge you consultation cost.

How to register a copyright?

The good news is that copyright registration is a relatively easy process that can be done either online or by mail: 1 Online registration. To register your copyright online, go to the U.S. Copyright Office website. 2 Print registration. To register your copyright by mail, download the appropriate form from the Copyright Office's forms page. Fill out the form and send it in along with your payment.

What happens if someone infringes on your work?

Additionally, if someone infringes on your work and you decide to launch an infringement lawsuit, you will need to pay the fees or costs associated with that lawsuit.

Is copyright automatic?

is yes. In fact, obtaining copyright is automatic, and your copyright over your work arises from the moment your original work is expressed in a permanent medium. Regardless of how you copyright your work, what's most important is that it's protected. Make sure your work is protected START MY REGISTRATION. About the Author.

Is copyright registration required?

Understanding the Copyright Registration Process. Registration is not required, but registering a copyright can have important advantages, including allowing you to sue others for copyright infringement. Feb 22, 2021 · 3 min read.

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 IP in business?

Intellectual property (IP) often represents one of the largest asset classes that a company holds, and unlocking its value is a key element in any business sale. The value of intellectual property such as patents, trademarks, brands, databases, and trade secrets, can be valued using a number of methodologies.

What is the income method of IP valuation?

The income method of IP valuation, also known as the economic benefit method, aims to identify the income that a company’s intellectual property rights could generate in the future, and the costs of generating that income – in other words, the economic benefit to the business over the IP’s useful economic life.

What is cost method?

The cost method use s the costs incurred by the business in the creation and development of their IPR. It also takes into account the potential cost of recreating such an IP asset or developing a product that is similar in nature.

What is market value method?

The market value method uses a product’s performance in the market to arrive at a valuation. Transactions involving similar products are also used for comparison purposes. Again, this method of valuation has pros and cons.

image

Things to Consider

  • Like any property, the value of your intellectual property can be determined by several factors. If you think the market for your property will never be higher, and the thought of licensing your intellectual propertyor putting it to use for your own benefit is not appealing, then getting an agreed upon payment for your ownership rights might be the ideal situation for you. Keep in min…
See more on upcounsel.com

Factors in Valuing Intellectual Property

  • There are three standard practices for estimating the value of intellectual property. These are market-based estimates, cost-based estimates or estimates based on the past and future economic benefits of the property. Complications exist with all three when it comes to intellectual property. 1. Market-based estimates:These are arrived at by determining what the buyer thinks t…
See more on upcounsel.com

Enjoying The Rights of Ownership

  • The important thing to consider is that it is up to you how and to whom you sell your rights and what portion of your rights you wish to relinquish. For instance, you can sell you rights to a competitor in their entirety or only in a specific region of the United States or the world. Just remember that you should always record the transfer of rights with the Intellectual Property in th…
See more on upcounsel.com

Patent Cost

Table of Contents

Average Cost to Patent An Idea

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…
See more on thervo.com

Patent Costs by Type

Frequently Asked Questions