how patent requires an attorney cost

by Jadyn Raynor PhD 9 min read

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

United States Patent and Trademark Office

The United States Patent and Trademark Office is an agency in the U.S. Department of Commerce that issues patents to inventors and businesses for their inventions, and trademark registration for product and intellectual property identification.

fees. Most experienced lawyers will charge between $200 and $400 per hour. Unlike a family lawyer, for instance, patent lawyers typically undergo specific legal training and hold a technical degree.

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.

Full Answer

How much does a patent attorney charge?

Jun 24, 2020 · 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 to $800+ per hour.

What does it take to become a patent attorney?

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.

What makes a good patent attorney?

Apr 18, 2022 · How Much Does It Cost To Get Your Own Patent? Lawyer fees range from $5,000+ to sue-it alone up to $25,000+ for a patent. invention, and according to …

Can you get a patent without a lawyer?

The current utility patent issue fee (including the publication fee) is $2,070 for a large entity and $1,185.00 for a small entity. Once issued, patent maintenance fees are due at 3.5, 7.5 and 11.5 years after issuance.

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Can you do a patent search without a lawyer?

You will need to conduct significant research, including prior art searches, before filing. It will likely take hundreds of hours of your own time to file a patent application without legal help. You will need to stay on top of and meet the many requirements and deadlines of the application process.Jun 10, 2021

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

How expensive is 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.

Does it cost money to get 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.

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 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.

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.

What is the requirement for an invention to be patentable?

For an invention to be patentable, it must be statutory, new, useful, and non-obvious. Explore the demand for your invention in terms of its commercial potential. There's no point in spending hundreds if not thousands of dollars on a patent if the marketplace won't respond.

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.

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 patent cost in India?

The overall patent cost in India can be between $2000 to $3500, depending upon specific facts of the case.

What is utility patent?

A utility patent application includes patent claims, drawings and description of the invention. Cost of utility patent application drafting increases in case of complex inventions because of comprehensive set of patent claims and extensive description of the best mode of the invention.

What are the elements of AI?

In spite of the fact that the concentration here is AI development, the important hidden string is the corporate invention. The following are the basic elements of AI Inventions: 1 Perception – sense audio-visual and other input 2 Language – understand human intent 3 Knowledge – capture concepts and relationship 4 Learning – improving with experience 5 Solving – logical deductions, completion 6 Planning – best use of options to achieve goals 7 Action – move or manipulate objects or programs 8 Social & General Intelligence – adapt to affect

Answer

There are three categories of expenses for the typical patent application: (1) attorney fees; (2) USPTO filing fees; and (3) drawing fees. Of the three, the most significant expense is the attorney fees.

The average cost of preparing a utility patent application

Preparation and filing of an original application of minimal complexity by a small patent firm (10 page specification, 10 claims) = $8,548.00.

Post-allowance and issuance fees

When a patent application is allowed at the USPTO, the applicant must pay an issue fee before the patent is granted. The current utility patent issue fee (including the publication fee) is $2,070 for a large entity and $1,185.00 for a small entity. Once issued, patent maintenance fees are due at 3.5, 7.5 and 11.5 years after issuance.

How much does a patent cost at Richards Patent Law?

Richards Patent Law structures its fees to prepare and file your patent applications and amendments for predictable fixed fees. My goal is to reduce the overall cost of the patent process and increase the client’s control of the fees. The following are examples of current patent fees at Richards Patent Law.

Provisional Applications

Provisional utility patent applications are used to secure an initial filing date for an invention and postpone the greater expense of thenon-provisional patent application for up to one year.

Non-Provisional Applications

In order to receive an issued utility patent from the USPTO, one needs to file a non-provisional utility patent application. This is the application that triggers the examination process at the USPTO.

Design Patent Applications

Design patents are used to protect a product’s unique appearance. While limited in scope compared to utility patent applications, design patents can be effective tools in the right context. My typical fee for preparing and filing a design patent application is $2,500.

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.

Can a patent be amortized?

A patent asset should not be amortized for longer than the lifespan of the protection afforded by the patent. If the expected useful life of the patent is even shorter, use the useful life for amortization purposes. Thus, the shorter of a patent's useful life and its legal life should be used for the amortization period.

Is R&D a capital expense?

R&D expenditures. Note that the research and development (R&D) costs required to develop the idea being patented cannot be included in the capitalized cost of a patent. These R&D costs are instead charged to expense as incurred; the basis for this treatment is that R&D is inherently risky, without assurance of future benefits, ...

Is a patent an intangible asset?

A patent is considered an intangible asset; this is because a patent does not have physical substance, and provides long-term value to the owning entity. As such, the accounting for a patent is the same as for any other intangible fixed asset, which is: Initial recordation. Record the cost to acquire the patent as the initial asset cost.

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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 $12,000if 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 protect your invention, ensu...
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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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Utility Patent Application Cost

  • A utility patent application includes patent claims, drawings and description of the invention. Cost of utility patent application drafting increases in case of complex inventions because of comprehensive set of patent claims and extensive description of the best mode of the invention.
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Patent Application Cost in India

  • The patent application cost in India covers the official filing fee and the patent attorney charges for drafting a patent application. The cost of patent application in India may also include charges for conducting a patent prior art search. The results of patent search are used to perform a patentability analysis. The summary of patentability anal...
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Artificial Intelligence Patents

  • The artificial intelligence patent landscape shows disruption across the entire technology ecosystem. For patenting artificial intelligence based innovations, issues related to patent eligibility and inventorship need to be tackled. At present, the USPTOis looking for data on computerized reasoning Artificial Intelligence (AI) Inventions, covering: (a) creations created by …
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Patent Ownership

  • For technology companies, only employees can be listed as inventor but not a company. But a company can be the owner of a patent, which leads us to the concept of ownership. In the preponderance of patent applications, the inventors are employees of a company that own the patent rights (by virtue of an employment agreement with the company). In that situation, the co…
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Patent Services

  • To secure patent rights, Rahul Dev works with clients to develop strong patent strategy for national and international patent applications, including drafting of patent claims, preparing formal patent drawings, drafting patent licensing agreements, along with his team of patent engineers and patent research analysts who have the skills and experience to assist throughout …
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