how much does it cost to patent something through a patent attorney

by Nathen Dickens PhD 9 min read

Filing a non-provisional patent with lawyer fees will usually cost the following for each invention type:

  • An extremely simple invention, such as a paper clip or coat hanger, will cost between $5,000 and $7,000.
  • A relatively simple invention, such as a board game or umbrella, will cost between $7,000 and $8,500.
  • A minimally complex invention, such as a power hand tool or camera, will cost between $8,500 and $10,000.

between $8,000 and $10,000

Full Answer

What are the requirements to become a patent lawyer?

Steps to Become a Patent Attorney

  • Be a United States Citizen or Legally Reside in the United States
  • Prepare for, enroll in, and pass the LSAT (Law School Admission Test)
  • Complete your law degree from an ABA accredited law school
  • Have Good Moral Standing
  • Pass the Bar Exam in your jurisdiction
  • Pass the Patent Bar Exam. ...

How much does LegalZoom charge for a patent?

There are non-attorney services, like LegalZoom, that can help you with your patent applications. The basic LegalZoom provisional patent cost is currently $199 plus the USPTO filing fees. It includes review by a non-attorney for typographical errors but will not provide the detailed review and analysis that a patent attorney would.

How much is that patent lawsuit going to cost you?

The median overall cost for a patent infringement case with $1 million to $10 million at stake declined 47 percent from 2015 to $1.7 million in 2017, according to the American Intellectual Property Law Association’s “2017 Report of the Economic Survey” obtained by Bloomberg BNA.

What is the average price for a patent?

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 $12,000 if 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.

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How Much Does a Patent Cost?

The fee is a few hundred dollars, half as much for small entities (like small businesses) and a quarter as much for individual inventors.

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.

Why are provisional patents less expensive to draft?

Provisional patent applications have fewer formalities so they are less expensive to draft. The subsequent utility application can also fix and refine the application.

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.

What is the downside of a utility patent?

The downside is that your scope of coverage will be limited to tools that look just like your design. Your utility patent may be broader, covering multiple angles and products.

Where does utility patent cost come from?

The utility patent cost does not come from the patent office but from the cost of paying a lawyer to prepare the application.

What to do if your lawyer won't give you a break?

Bring it with you when you meet your lawyer. If they won't give you a break on their bill, then maybe you should find a new lawyer.

What Is the Average Patent Lawyer 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.

How Much Does It Cost to Patent an Idea?

If you have an idea to patent, there are two ways to approach it. You can:

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 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 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.

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.

What is a Patent Attorney?

In the United States, a Patent Attorney (Lawyer) is a person who is licensed and registered by the United States Patent and Trademark Office (USPTO). They are able to represent others before the office and prosecute patent applications – just like a patent agent.

How much does a patent attorney cost?

How much it costs for a patent attorney varies by the complexity and type of the invention. For most inventions you should expect to pay $3000 – $5000 plus USPTO filing fees for a patent attorney to write and file a patent application. There are also costs associated with responding to office actions and making amendments.

What is the difference between a Patent Agent and a Patent Attorney?

Both a patent agent and a patent attorney are patent practitioners and licensed to practice before the USTPO. A licensed patent attorney can also practice law in at least one state. Moreover, to become licensed to practice patenting, there is a separate exam.

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