how much does it cost for patent attorney to research

by Lolita Yundt 10 min read

After you submit your application, the patent examiner assigned to your case will perform a search related to your patent. If you are a small entity, such as a small business or a university, the search fee is $300. For larger businesses, the fee is $600.

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?

Jul 13, 2020 · A patent search cost can be anywhere from $100 to $3,000 depending on the complexity of your invention and covers research into existing patents and patent applications. You can use free online tools to do your own search, but an attorney can help you dig deeper.

How do I become a registered patent attorney?

Aug 17, 2019 — The approximate cost for a quality utility patent application is about $7000 to $15,000. After filing, you will spend about $2,000 to $10,000 (9) …. Patent Attorney and Agent Fees — Other costs of patents include: Search fees; Examination fees; Attorney and patent agent fees. Typical Patent (10) ….

How much does a quality patent cost?

This depends on the amount of down put data analysis that you to get, depth of the invention and a total of prior art that needs consideration. The total attorney’s fee, it could add up to $5000-10000 for an easy invention, $10000-15000 for a bit moderate complex invention, and $15000+ for a large or complex design.

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How much does it cost to have a patent search done?

Patent Search: What Is It? A patent search cost can be anywhere from $100 to $3,000 depending on the complexity of your invention and covers research into existing patents and patent applications. You can use free online tools to do your own search, but an attorney can help you dig deeper.

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 I do my own patent search?

Conducting a patent search on your own is not that difficult; in fact, many inventors and entrepreneurs conduct their own patent search to save money. However, if you have the budget for it, seeking professional assistance or using patent search software is always an excellent option for a more detailed search result.Dec 20, 2019

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 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.

What can not be patented?

What cannot be patented?a discovery, scientific theory or mathematical method,an aesthetic creation,a scheme, rule or method for performing a mental act, playing a game or doing business, or a computer program,a presentation of information,More items...•Dec 14, 2020

How long are patents good for?

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

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 do you apply for a patent?

How to File a Patent in X StepsSearch the United States Patent and Trademark Office. ... Find a patent attorney. ... Determine what type of patent you need. ... File a provisional patent application. ... Become a Registered eFiler. ... Gather information for your formal application. ... Complete and review your formal application.More items...•Jan 22, 2016

What is the difference between a provisional and non provisional patent?

A nonprovisional patent application is normally considered the "regular" utility patent application. It's what you file to get the USPTO to review your utility application and grant your patent. A provisional patent application, on the other hand, does not get reviewed.Aug 10, 2020

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.

Why is patent search important?

A patent search offers several important advantages: You can avoid putting effort into an invention that has already been patented. Therefore, you'll avoid the costly and time-consuming patent application process. By knowing what inventions already exist, you can avoid infringing on another company's patent.

What is novelty search?

A novelty search compares your invention to prior art to determine if your invention qualifies for a patent, since you cannot patent something that has already been patented. Prior art includes previously patented inventions, as well as unpatented inventions, that existed before your inventions.

How long does a patent last?

A patent gives you a monopoly on your invention for 20 years, which is why many inventors choose to pursue patents despite the costs associated with the process. In addition to the research fees, you will have to pay: Government filing fees. These fees vary.

What is state of the art search?

A state-of-the-art search gives you an overview of advancements in a certain industry. An infringement search helps you determine if your invention might infringe on an existing patent. This type of search is often connected to a lawsuit.

What is a patent researcher?

Professional patent researchers are familiar with how to compare inventions and sift through databases. They understand the wording and drawings in patent applications. They produce reports that highlight any information that relates to the goal of your patent search.

How much does an attorney charge for an invention?

Attorney fees depend on whom you hire and on how complex your invention is. For a simple invention, attorney fees might be just a few thousand dollars. For a more complex invention, such as software, these fees could be upwards of $16,000. Maintenance fees.

How to protect your innovation?

The main reasons to apply for a protection on your innovation include: 1 Chances to earn revenue from selling or licensing your innovation 2 Credibility in the marketplace for both the innovation and the creator 3 Exclusive rights to use and market the results of your creative work

What is the purpose of conducting a patent search?

Conducting a search for a patent is a way to avoid paying for an unsuccessful application. Conduct a search yourself for free, have a private law office handle the search for a fee, or consider low-cost options between these two ends of the spectrum.

Do innovators pay for patent examiners?

Patent and Trademark Office examiners check existing patents and pending applications upon receiving a new application. An innovator does pay for the examiners to complete this task. The USPTO website lists the search fees that an applicant must pay.

What are the requirements for the USPTO?

The basic requirements are a maximum household income, an understanding of patenting, and an actual invention, not just an idea for one.

What can a patent attorney do for you?

If an existing patented invention similar to yours already exists now, a patent law attorney can help to squeeze the extent of your license and explain its features that give it privileges to stand unique in the market without tempering other person’s research findings. The uniqueness and the capacities at which your idea allows direct marketing without a struggle. In the process, a patent attorney can help you file a provisional patent application (patent pending) on your behalf, which is useful and less expensive.

What is a patent application?

A patent application is a request waiting for approval at a patent office for the grant of a patent for the idea illustrated in that request. A patent application has many segments that include a description of previous inventions similar to your own. A patent application can have two different meaning due to its complexity.

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 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.

Awards and distinctions for research

Excellent research at Freie Universität, having won awards and distinctions and in top positions.

Areas of focus

Alongside individual and collaborative research, Freie Universität Berlin supports interdisciplinary fields of research developed through university-wide strategic processes.

Doing research together

Interdisciplinary, interconnected, international research: collaborative research and interdisciplinary research structures.

Research-oriented teaching

The field of research-oriented teaching promotes interlinkage between research and teaching activities and sustained integration of top research by large alliance projects into teaching activities.

Research funding

The research division at Freie Universität Berlin provides advice and support on all matters having to do with support and funding for research and startups, scholarly and scientific awards and distinctions, and the processes involved in applying for and managing external funding.

Support options

Informational services, databases, and newsletters provide information on possible avenues of support for research.

Startups, commercialization of research, presenting research

Information on how to utilize research findings commercially, support for startup projects and large-scale scholarly, research, and scientific events.

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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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Government-Run Searches on Applications

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Note that U.S. Patent and Trademark Office examiners check existing patents and pending applications upon receiving a new application. An innovator does pay for the examiners to complete this task. The USPTO website lists the search feesthat an applicant must pay. Examiners reject an application that is too much like an ex…
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Methods of Searching For Similar Patents

  • To find out if something similar to your invention already exists: 1. Conduct a search by using the USPTO databaseyourself at no cost. 2. If you prefer, go to the USPTO headquarters or regional officeto conduct your search. 3. Alternatively, search all registrations going back to the first one issued in the country at a Patent and Trademark Depository Library. These libraries have helpful …
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Alternative Ways to Cover Patent Search Costs

  • An inventor or small business with limited resources might qualify for free attorney assistance through the Nationwide Pro Bono Program. This service results from the Leahy-Smith America Invents Act. The law encourages the USPTO to support intellectual property law offices in providing assistance to innovators who need it. The basic requirements are a maximum househ…
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