how much for attorney to file patent

Cost To Patent An Idea

Type of Invention	Examples	Attorney Fees & Filing
Extremely Simple	Paper clip, diapers, electric switch	$5,000 – $7,000
Relatively Simple	Umbrella, board game, toothbrush, flashl ...	$6,000 – $8,000
Minimally Complex	Camera, power tool	$8,000 – $10,000
Moderately Complex	Riding lawn mower, cell phone, RFID devi ...	$10,000 – $12,000

Apr 21 2022

Full Answer

What is the average salary of a patent lawyer?

Jun 24, 2020 · 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.

What does it take to become a patent attorney?

Feb 01, 2022 · 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 viable is a career as a patent attorney?

Jan 16, 2022 · Filing a patent application will cost you about $8000 to $15000 for the attorney, and $830 (approximately) for the USPTO filing fees, assuming a “small entity.” (I recommend NEVER filing as a “ micro entity ,” as there are some loopholes that …

What are the disadvantages of being a patent attorney?

Mar 01, 2018 · The price range for these attorneys can vary, depending on the complexity of your invention. In addition to hiring an attorney, you will need to pay for the patent itself. Domestic patents tend to cost around $5,000 to $10,000, while international patents are much more expensive, costing the inventor around $100,000.

Is a patent attorney worth it?

If you are going to write your own patent, it is a good idea to have a patent lawyer look over what you write. It will cost much less than paying a lawyer to write your patent application and give you much of the same benefit. Alternatively, you can write and submit your own provisional patent application.

How much does it cost to file and maintain a patent?

In general, you can expect the following costs to file a patent: USPTO fee (government): $50 to $700. Maintenance fee (renewal): $400 to $7,400 per year. Patent lawyer (search and application): $1,000 to $10,000.Sep 22, 2020

What is the cheapest way to file a patent?

Cheapest way to get a patentDo-It-Yourself (Draft it and File it Yourself) ... Cost of Filing It Yourself. ... Still To Expensive? ... Cost of Filing It Yourself. ... Fiverr & Other Low Cost Options. ... If Budgets Allow - The Better Option Is to Use an Attorney. ... The Cost of An Attorney.

How much does it cost to file a patent pending?

What Are Patent Pending Costs? The cost to get patent pending status for your invention is around $1,500 without an attorney. If you hire an attorney, you can expect to pay $10,000 or more for a utility patent and $2,000 for a design patent.

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 the total cost of a patent?

A patent can cost from $900 for a do-it-yourself application to between $5,000 and $10,000+ with the help of patent lawyers. A patent protects an invention and the cost of the process to get the patent will depend on the type of patent (provisional, non-provisional, or utility) and the complexity of the invention.

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 I file a patent myself?

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 long does it take to get a patent approved?

about 22 monthsAccording to the United States Patent and Trademark Office (USPTO), it takes about 22 months to get patent approval after going through the steps to file a patent. If you're eligible for a prioritized examination for plant and utility patents, known as Track One, you might get approval in six to 12 months.

Can someone steal my idea if I have a patent pending?

As soon as you file a patent application with the U.S. Patent and Trademark Office (USPTO), your invention is "Patent Pending." Once your application is submitted, nobody can steal, sell, or use your invention without your permission. If this happens, they are infringing on your patent, assuming it gets issued.

How can I get a patent fast?

The easiest and most potent way to expedite examination is to use the USPTO's Prioritized Patent Examination Program (also known as "Track One"). Under the program, an applicant pays an extra fee (ranging from $1,000 to $4,000, depending on the applicant company's size).Mar 13, 2017

When should I file a patent?

Under U.S. patent law, you must file your patent application within one year of the first offer to sell your invention, or within one year of your first public use or disclosure of your invention.

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.

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.

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 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.

Can you write a provisional patent application?

With legal changes in patent law, however, you can no longer rely on this method. You can, however, write a provisional application. Self-drafting your own application is a decision you should carefully consider. While the choice comes down to you, be sure to consider long-term costs and protections.

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.

What is provisional patent?

Provisional Patents. If you are not ready to invest in a patent but want to protect your rights, file a provisional 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.

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.

Do patent lawyers pay more for malpractice insurance?

There is a reason that patent lawyers pay more for malpractice insurance than almost any other kind of lawyer. If you want to save money and get the best patent possible then do some of the work yourself. A great start is to conduct your own patent search. Today, you have amazing tools at your disposal.

Can a design patent protect aesthetic design?

Design patents can only protect aesthetic design choices. For example, if you invent an improvement for a tool with a handle bent to a particular angle that improves ergonomics, then your invention may be eligible for two different patents. A utility patent that describes useful handle angles for ergonomics.

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 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.

How much does a patent cost in 2021?

Updated 18 June 2021: The average cost of a patent in the US is over $50,000. The figures below come from the AIPLA bi-annual survey, last updated in 2019. Please note that this will vary widely – especially because the amount of back and forth with the patent examiner can be one or two Office actions – or it can be brutally long, ...

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.

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.

Can a patent attorney put their finger on the scale?

Any time the patent attorney does a search for you, they can “put their finger on the scale” when giving you the results. It is a best practice to find someone who has no financial incentive to do your search. It is true that the only search that matters is the one that the patent examiner does.

How Much is a Patent Going to Cost?

Now that you’re sure your invention is eligible for a patent, you need to make sure it’s worth it.

What is a Patent?

A patent is a grant of exclusive property rights given to the owner of an invention. They are only granted for useful, intellectual, and new inventions that a person has created.

Can You Patent Your Invention?

Not all inventions are eligible for a patent. There are several questions you’ll need to ask yourself before applying for a patent and figuring out how much a patent is going to cost.

How to File for a Patent

We discussed above how much a patent is going to cost you in money. But you also need to consider this: how much is a patent going to cost you in time and resources?

What is the allowance rate for a patent?

A US design patent application has an allowance rate of over 85%. Therefore, it is reasonable to expect that your typical design patent application may not incur substantial ongoing costs other than payment of the issue fee.

How much does it cost to respond to an office action?

When that happens, each response to an Office Action may cost between $1,500 to $3,000. The goal is to receive an allowance after responding to one Office Action, but it is not uncommon to receive multiple Office Actions.

What is the most important cost factor?

The question of cost, therefore, depends upon certain key factors. Perhaps the most important cost factor is choosing between a design patent or utility patent. A utility patent will incur substantially greater costs than a design patent, in terms of both the initial filing and the ongoing prosecution.

Does initial filing estimate cover patent searches?

Keep in mind that these ballpark initial filing estimates do not cover patent searches or responding to rejections. There are two main components that make up the initial cost of filing a patent application: out-of-pocket expenses, including USPTO government fees and any illustrator fees for patent drawings.

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.

What is the qualification to become a patent attorney?

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 prove that they understand the USPTO’s policies and procedures and are allowed to practice patent law.

Why do inventors hire patent lawyers?

For many inventors, hiring a patent lawyer or agent is an investment in protecting intellectual property, which can mean the difference between a successful startup business or a failure.

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.

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.

How to manage costs afterward?

To manage costs afterward, people should come to each meeting fully prepared to discuss the idea for the patent. The invention should be thoroughly documented in a guide that the attorney can refer to. This kind of preparation helps limit the number of unplanned questions that extend meetings.

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.

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.

Table of Contents

Average Cost to Patent An Idea

Cost to File A Patent Application

Patent Costs by Type

Frequently Asked Questions