how much to pay an attorney to file a patent

by Dr. Garret Bernhard 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 · 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 much does LegalZoom charge for a patent?

Working with a patent attorney on completing and submitting a provisional patent application generally costs a minimum of $2,000 in attorney fees. You can also expect to pay a $130 filing fee if you are a small entity. Drawings are usually $100 to $125 for each page.

How to become a patent lawyer?

How much do patent attorneys charge? Be prepared to pay them about $45,000 through the entire process. The patent process involves two major phases. 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.

How much is that patent lawsuit going to cost you?

Jun 07, 2013 · Experienced patent attorney (7+ years) - billing rate $300-$550 per hour Junior patent attorney (3+ years) - billing rate $200 - $350 per hour New patent attorney or individual (not working for a law firm) - billing rate $150-$250 per hour As you can see, it is quite hard to find a patent attorney willing to bill at less than $150 per hour.

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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.Mar 17, 2022

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.

Is filing a patent expensive?

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.

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

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 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 much does a patent cost for a name?

between $225 and $600What Does Trademarking a Name Cost? Filing a trademark for your business name with the U.S. Patent and Trademark Office (USPTO) will cost between $225 and $600, plus legal fees. You can register with most states for $50-$150 if you don't want protection outside your state.

What is the average cost for a patent?

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 is a patent worth?

The cost approach for a utility patent's valuation is based on the cost to create these intellectual property assets. These costs include the cost of research and development as well as the cost of the patent attorney and filing fees. The US average cost of a patent is about $50,000.Dec 27, 2021

What is the renewal fees paid for a patent right?

Patents right are given for a fixed period of time and after the expiry of that period one has to get them renew by paying renewal fee, therefore, renewal fee for patents or patents right is a revenue expenditure.

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

What are the three basic fees for utility patents?

Non-Provisional Utility Patent Applications: Basic Filing Fee: $80-$320. Patent Search Fee: $175-$700. Patent Examination Fee: $200-$800. Utility Issue Fee: $300-$1,200.

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.

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.

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.

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 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).

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.

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

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.

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 ...

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.

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

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 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.

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.

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.

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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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