what does a patent attorney cost?

by Santino Thiel 8 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.

How much does a patent attorney charge?

 · 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?

 · Patent lawyer cost varies based on your geographical location and the attorney's credentials. With that in mind, you can expect to pay somewhere around $100 to $500 or more per hour, with mean hourly costs being closer to $250 to $450. In major metropolitan hours, however, patent lawyer fees could be double this amount.

Can you get a patent without a lawyer?

 · The average cost for an Intellectual Property Lawyer is $300. To hire an Intellectual Property Lawyer to complete your project, you are likely to spend between $260 and $350 total.

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What is the 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+.

Can patent lawyers steal your idea?

However, patent lawyers are bound by ethics and professional responsibility requirements. Stealing an idea would be a serious breach of duty for a lawyer that can expose him or her to punishments from the bar, and the original inventor would likely be able to sue for theft.

How much does it cost to prosecute a patent?

“there will be post-filing costs once the Patent Examiner starts to examine the application filed, but those will be the subject of a future article. Still, you should budget at least another $5,000 to $7,500 for prosecution and issue fees to the Patent Office.”

What is the cheapest way to patent an idea?

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.

Can I sell my invention without a patent?

So, can you sell an idea to a company without a patent? Yes, you can sell an idea to a company without a patent. However, the company needs to enter into a contract such as a nondisclosure agreement (NDA). Otherwise, they can steal your idea.

How can I patent my idea for free?

Filing Process You can file a patent online using the patent office's EFS-Web service. The USPTO's website includes detailed information on what should be in your application on its "General Information Concerning Patents" page under Inventors Resources and Guidance.

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.

Why are patents so expensive?

Because patents are valuable to have and expensive to infringe there will always be those who seek to get around your rights. The job of the patent attorney is to make sure that doesn't happen to the greatest extent possible. That requires a lot of time and energy, which translates into money.

Is it worth getting a patent?

The primary benefit of a patent is the right to stop your competitors from selling the same product. You can become the sole supplier of the product. Based on the law of supply and demand, lowering the supply allows you to sell your product at a higher price. If sales are strong, then the patent is absolutely worth it.

How long does it take to get a patent?

In the United States, it takes an average of 23.3 months from the filing of a patent application to get a patent.

How long does a patent last?

Can patents be renewed? U.S. patents issue for fixed terms and generally cannot be renewed. A U.S. utility patent has a term of 20 years from its earliest effective, non-provisional U.S. filing date.

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.

Can someone steal my idea and patent it?

Because the barrier to entry is so high, only inventors who are backed by a powerful licensee have a chance of defending their intellectual property ownership using the legal system. So, take it from me: I learned firsthand that having a patent doesn't stop someone from stealing your idea.

What happens if someone copies a patented idea?

By attaching a copy of the patent, you have now put the infringer on notice about the patent, and any further use of that patent will be willful and subject to enhanced damages, in the event of litigation.

Can you patent a stolen idea?

To prepare for this proceeding, you need to first submit a patent application of your own for the invention in question. Thankfully, this part is quite easy. Believe it or not, you can just duplicate the duplicator's patent application (obviously, you'll want to replace their personal information with yours).

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.

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 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.

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).

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.

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.

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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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