how much to file nonprovisional patent attorney fees

by Bud Runolfsson 8 min read

The cost for a nonprovisional patent application prepared by a patent attorney will be between $7,000 to $14,000. You can get quotes much lower and higher than this from patent attorneys. However, nonprovisional patent applications lower than $7,000 will be of poor quality.

The non-provisional patent application (based off of provisional filing): $10,000 to $12,000. The United States Patent and Trademark Office filing fee for the non-provisional patent application: $800 to $1,250 (for small entities)

Full Answer

How much does it cost to get a nonprovisional patent?

Mar 08, 2022 · The nonprovisional patent application will be examined. Generally, you will spend between $1,000 to $10,000 to have your patent attorney argue the case before the examiner to get your patent granted and $1,000 to $2,000 for the issue fee. The total patent cost for the will be between $9,000 to $25,000.

What are patent attorney fees?

The non-provisional patent application (based off of provisional filing): $10,000 to $12,000; The United States Patent and Trademark Office filing fee for the non-provisional patent application: $800 to $1,250 (for small entities) Any professional drawings that need to accompany a non-provisional patent application: $500

Where can I get help filing a non-provisional patent?

11 rows · For a relatively simple invention such as a product with mostly mechanical features, our ...

How much does it cost to file a provisional utility patent?

Aug 26, 2020 — Attorney’s fees · Drafting and filing a nonprovisional patent application: $4,500 · Drafting and filing a provisional patent application: $2,000. (4) … Hourly rates for quality patent attorneys typically range between $400 to $600+ per hour. If you prefer a flat-fee quote, this will require the patent attorney (5) …

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How much does it cost to file a nonprovisional patent?

ICLG Patent Flat Fee Schedule – 2021
US Utility PatentOur FeeTotal
Initial Filing of Nonprovisional Application
Drafting nonprovisional (rates vary by level of complexity: low, medium, high)Starts at $8,500starts at $9,600
8 more rows

How much does it cost to file for a patent?

Need Help? 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.

How much does it cost to file a provisional patent in the US?

The standard filing fee is $300. Small entities pay $150 while micro entities pay only $75 for the provisional patent. A small entity has no more than 500 employees.Dec 1, 2021

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

A patent's cost varies depending on its type, complexity, and if you hire an attorney. 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.Sep 22, 2020

Can I file 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.

What is the cheapest way to get a patent?

Cheapest way to get a patent
  1. Do-It-Yourself (Draft it and File it Yourself) ...
  2. Cost of Filing It Yourself. ...
  3. Still To Expensive? ...
  4. Cost of Filing It Yourself. ...
  5. Fiverr & Other Low Cost Options. ...
  6. If Budgets Allow - The Better Option Is to Use an Attorney. ...
  7. The Cost of An Attorney.

Can I file a provisional patent myself?

This is why hiring a patent lawyer to submit the provisional patent application is often recommended. While you can do it yourself, the research alone can become overwhelming and take up a lot of your time.

How do I file a provisional patent application?

A provisional patent application is fairly simple, but it must include the following:
  1. A written, detailed description of the invention.
  2. Drawings or illustrated figures that support the invention.
  3. Text that describes the drawings or figures.
  4. Your name and contact information.
  5. Your lawyer's name and contact information.
Jul 7, 2020

How long does a provisional patent take?

Most applications are pending for one to three years. However, it can take three to five years or longer for applications involving software or electronics. The patent pending process begins the moment the USPTO receives your patent application.

What are the three basic fees for utility patents?

Simplified USPTO patent filing fees for a utility patent application
Type of feeLarge EntitySmall Entity
Basic filing fee – Utility$300$75
Utility Search Fee$660$330
Utility Examination Fee$760$380
Independent claims (above 3)$460$230
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Mar 26, 2018

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.

How long does it take to complete a filing and be granted a patent?

According 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.

How much does it cost to do a patent search?

Although you can do this on your own, it may be more worth your time to invest in a professional patent search. This can cost anywhere from $500 to $1,000. A patent attorney can help you conduct this patent search and they will often outsource the patent search to other law firms that specialize in this process.

How to reduce patent costs?

One way to reduce your patent costs is by filing a provisional patent application in the beginning of your patent perusal process. A provisional patent application, like a non-provisional patent application, will require that you include all details about your invention.

Why is patent search important?

A patent search is highly advantageous because it may help you realize that moving forward with a patent application might not be the right decision. And if a patent application is the right decision, the patent application will be even better because you will have a clearer sense of what lies ahead.

Why is it so hard to pin point a price quote on a utility patent?

Pinpointing an exact price quote on the cost of a utility patent in the US is difficult because much of the cost relies on the technology involved. “It depends” is not the answer that inventors what to hear, but as a general rule of thumb remember that you get what you pay for and that can be applied to patent applications.

What to do when you have an invention that you want to protect but you aren't ready to pursue a

The best thing an applicant could do when they have an invention that they want to protect but they aren’t ready to fully pursue a patent is to file a provisional patent application . This will allow you to quickly protect your rights and obtain a “patent pending” status. When you file a provisional patent application, you are not required to include the same number of formalities that you must include in a non-provisional patent application. This means the provisional patent application will be significantly less expensive for you. Although the preparing process for a provisional patent application is not as complex, you do still need to provide a detailed description of your idea or product and prove you have done enough preparation to show that the invention works (even if you still plan to make modifications).

How much does a nonprovisional utility patent application cost?

In answering the question of “How much does a utility patent cost?” the largest portion of the cost of filing a nonprovisional utility patent application will be the legal fees for drafting the application. The conventional approach has been to bill hourly attorney’s fees for drafting a utility application.

What does the initial patent filing cost include?

The initial filing cost includes drafting the nonprovisional application, and revising the draft based on input from the client or inventors. Our initial filing estimates will typically include the USPTO filing fees and illustrator fees.

What is not included in the initial patent filing cost?

Our initial filing cost does not include a patentability search which costs $1,500 for each invention.

ICLG Patent Flat Fee Schedule – 2021

We align ourselves with Davids fighting Goliaths. Our registered patent attorneys work as a team to equip startups and founders with solid IP rights that facilitate funding, growth and sales. Email or call us so we can get to work on your IP: (949) 223-9623 | [email protected]

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 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.

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 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.

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.

Do patent attorneys charge hourly?

Increasingly, patent attorneys are charging on a flat fee or project basis rather than on an hourly basis. Having said that, even with a flat or project fee, the amount quoted will in one way or another reflect the amount of time the attorney will spend on the project.

Who is Gene Quinn?

Gene Quinn is a Patent Attorney and Editor and President & CEO of IPWatchdog, Inc.. Gene founded IPWatchdog.com in 1999. Gene is also a principal lecturer in the PLI Patent Bar Review Course and Of Counsel to the law firm of Berenato & White, LLC. Gene’s specialty is in the area of strategic patent consulting, patent application drafting ...

How much does a large entity have to pay to file a provisional patent?

Large entities have to pay $280 to file their provisional patent application. Large entities are applicants with 500 or more employees. When counting employees for the purpose of determining the provisional patent fee, you must include any affiliates under the control of the applicant.

Do you have to pay for a provisional patent?

For provisional patents, you will only have to only pay the filing fees because the USPTO will not examine your application, nor will it perform a patent search. This makes filing a provisional patent application a smart choice for inventors who do not have the funds to file a regular non-provisional patent application.

What is a 501c3?

An individual, or. Small Business (Business with 500 of fewer employees),or. A university, or. 501 (c) (3) nonprofit organization. The inventor or applicant must not have been named on a total of more than 4 non-provisional (regular) patents, design patents, or plant patents.

What is attorney fee?

Lawyer fees often include the cost of planning and preparing your provisional patent applicant, as well as the cost to perform a patent research and communicate their findings with you. The more complex your patent, the more you should expect to pay. For example, the cost to have an attorney prepare a provisional software patent costs more ...

How long does a patent last?

If the patent holder does not make these required payments, the patent will expire. The USPTO does offer a six month grace period, allowing payments to be made at 4, 8, and 12 years. The provisional patent cost goes up as the invention becomes more complex.

Is provisional patenting cheap?

If you’ve looked into patenting your invention you probably know that the process isn’t cheap. Provisional patents are inexpensive compared to non-provisional patents, so people often cut corners by preparing and filing the provisional patent application on their own. By doing so they make a few mistakes, here are some of the mistakes we see most often:

What is a small business?

Small Business (Business with 500 of fewer employees),or. A university, or. 501 (c) (3) nonprofit organization. The inventor or applicant must not have been named on a total of more than 4 non-provisional (regular) patents, design patents, or plant patents.

Why are patent attorneys so expensive?

I am still shocked by the billing rates of some of the patent attorneys we work with. Quite frankly I don't think anyone's time is valuable enough to pay them $500 per hour (but that's just me). You have to remember that most patents are filed by corporations.

The Flat Fee or Fixed Fee Solution for Patents

Many small patent law firms and individual patent attorneys and agents have moved to a flat or fixed fee arrangement for patents. Inventor's like this because they know exactly what they will be expected to pay. Attorney's and agent generally don't like this type of fee structure because it puts a lot of risk on them.

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What Is The Cost of A Non-Provisional Patent?

  • Though the final non-provisional patent costwill vary case-by-case, some examples are: 1. Filing and preparation of a relatively simple application by a small firm (10 claims and a 10-page specification) = $8,548.00 2. Relatively complex biotech/chem invention = $4,448.00 3. More complex biotech/chem invention = $15,398.00 4. More involved mechanic...
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Provisional vs. Non-Provisional

  • In the U.S., inventors can file for provisional patents. An application for a provisional patent must completely disclose the invention, just as a non-provisional patent would. Provisional patents have considerably fewer formalities than non-provisional, making them easier to prepare. However, a provisional patent application alone will not result in the issuance of a patent. It lasts for one yea…
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The Two-Step Advantage

  • The two-step provisional route has two major advantages. 1. Total patent costs are spread over a one- or two-year period. This is good for cash-limited new small businesses. 2. Some inventions require disclosure before they're ready for release. This could be to secure more capital or to convince potential customers. A provisional patent is one way to secure intellectual property rig…
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Steps and Fees

  • Before you file a non-provisional patent application, you must complete the following tasks: 1. Describe your invention in detail. The description you submit with your non-provisional patent application should include specifications, prose, graphs, and drawings that explain your invention so elaborately that a skilled practitioner can use it to manufacture your invention. 2. Draft paten…
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Cost of Filing A Provisional Patent Application

  • Because it involves far fewer formalities, a provisional patent application costs less. The inventor can submit documents to support the original provisional patent application and try to get as much information as possible into the documents. Many inventors that try to get a provisional patent do so because they have made significant progress and wish to protect what they have c…
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Help When You Need It

  • To reduce their patent application costs, inventors and business owners often resort to cutting corners. Inventors should do their own patent searchfirst. It makes little sense to engage the services of an attorney or researcher for this step. As the invention comes closer to fruition and confidence in its patentability increases, a professional searcher working with a patent attorney …
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Patent Cost

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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 pr…
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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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