how much does it cost to hire a patent attorney and file a patent

by Mr. Otho Dicki Jr. 10 min read

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.

What does it take to become a patent attorney?

Jun 24, 2020 · Hire a patent attorney to file your application. With this option, you will hire a patent agent or attorney who will help you perform the research and fill out the patent application with the USPTO. This route can run anywhere from $5,000 to $10,000 depending on the complexity and amount of time the application takes.

How to become a patent lawyer?

In most cases, you should budget between $15,000 and $20,000 to complete the patenting process for your invention. How much does a lawyer charge for a patent? 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.

How much is that patent lawsuit going to cost you?

What if you could get a flat fee quote before hiring a patent attorney? Many attorneys charge an hourly rate. Some patent attorneys charge $500 an hour or more. Even an hourly rate of $200 per hour can add up fast. And the worst part is that you don’t know how much you’ve spent until the …

How competitive is the patent attorney field?

The cost of hiring an attorney depends on the complexity of your patent. The following is the average cost of preparing utility patent application: Preparing original application of minimal complexity (10-page specification for 10 claims) costs around $8,548 Relatively complex biotechnology/chemical cases cost around $11,482

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How much does filing for a patent cost?

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.

Is it worth filing a patent?

The primary benefit of a patent is the right to stop your competitors from selling the same product. You can become the sole supplier of the product. Based on the law of supply and demand, lowering the supply allows you to sell your product at a higher price. If sales are strong, then the patent is absolutely worth it.Aug 6, 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.

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.

Why do patents cost so much?

Because patents are valuable to have and expensive to infringe there will always be those who seek to get around your rights. The job of the patent attorney is to make sure that doesn't happen to the greatest extent possible. That requires a lot of time and energy, which translates into money.May 7, 2016

Can I sell my invention without a patent?

Yes, you can sell an idea to a company without a patent. However, the company needs to enter into a contract such as a nondisclosure agreement (NDA). ... As such, you may need to get at least a patent application on file to pitch your idea.Aug 13, 2019

How do I file 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

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).

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

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?

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

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.

Patent attorneys versus patent agents

Patent agents are not qualified to practice law, but they are trained to do all of the same work in relation to filing a patent with the USPTO. The...

Attorney qualifications

A patent attorney must be admitted both to the state bar and the patent bar, which is the USPTO registration exam. By passing the exam, attorneys p...

Specializations

Some patent law firms specialize in particular industries or types of inventions. Ascenda Law Group in San Francisco works primarily with technol...

Attorney’s fees

In general, most attorneys charge by the hour. However, some patent law firms charge set fees for each patent-related service and charge an hourly...

Managing costs

Many attorneys offer a free initial consultation to answer clients’ questions about the process of filing a patent and what costs can be expected....

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.

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 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 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.

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.

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.

How much does a patent attorney cost?

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

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.

How much does an attorney charge for patents?

Attorney’s rates can vary by specialization. For example, the Concept Law Group in Fort Lauderdale, Florida, has a schedule of fees based on the type of invention and its complexity: 1 Drafting a nonprovisional patent application for an electrical invention: $5,500–$8,500 2 Drafting a nonprovisional patent application for a mechanical invention: $5,500–$7,500 3 Drafting a nonprovisional patent application for a complex mechanical, electrical, or internet-related business method or other invention: $7,000–$12,000

What is the USPTO exam?

A patent attorney must be admitted both to the state bar and the patent bar, which is the USPTO registration exam. By passing the exam, attorneys prove that they understand the USPTO’s policies and procedures and are allowed to practice patent law.

How long does a patent consultation last?

This consultation may last only 15 minutes, however. To manage costs afterward, people should come to each meeting fully prepared to discuss the idea for the patent.

Can a patent agent litigate?

Patent agents are not qualified to practice law, but they are trained to do all of the same work in relation to filing a patent with the USPTO. They can’t litigate in federal courts, however. Agents are "substantially less expensive" than attorneys, charging on average $100 to $200 an hour compared with attorneys’ fees of $300 to $400 an hour.

What is the best way to keep costs to a minimum?

Some attorneys offer startup packages to new companies, which can help save on costs. Otherwise, working with a patent agent is the best way to keep costs to a minimum.

Do attorneys charge hourly fees?

Attorney’s fees. In general, most attorneys charge by the hour. However, some patent law firms charge set fees for each patent-related service and charge an hourly fee for additional work. Such fees don’t usually include the fees charged by the USPTO to file a patent.

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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 …
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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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