what does the average patent attorney charge to file

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 are not worth the tiny cost savings.)

Full Answer

What does it take to become a patent attorney?

The average patent cost about $60,000, and most of that goes to your patent attorney. 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 …

How much does LegalZoom charge for a patent?

Jun 24, 2020 · 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 lawyer?

9 rows · Jan 16, 2022 · Average Patent Attorney Fees: Pre-filing professional patent search – $1,500-4,000: ...

How much is that patent lawsuit going to cost you?

2. 2021 Average Cost of a Patent Lawyer (with Price Factors) 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.

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

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.

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.

Why do patents cost so much?

What you get for what you pay can be enormously valuable and that is another reason why patents have become more expensive to obtain. Because patents are valuable to have and expensive to infringe there will always be those who seek to get around your rights.May 7, 2016

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 is a US patent fee?

The full cost of obtaining and maintaining a U.S. patent over 20 years is in the range of $20,000 to $60,000. This sum is influenced by the type of technology being patented; the number of claims and drawings included in the application; the number and nature of rejections from USPTO; filing fees, etc.

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

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.

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.

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 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 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.

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.

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.

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 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.

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.

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

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.

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.

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.

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.

What is the first true up front cost?

The first true up-front cost is the time and effort it takes for the inventor to conceive the invention. This is a major and essential part of the actual invention process.

How much does a plant patent cost?

Generally, the plant patent cost will be between $10,000 – $40,000.

What is provisional application?

A provisional application is a less formal version of an application when compared to the non-provisional patent application. It does not require a particular format or explicit claims — the critical component of the non-provisional patent application.

What is the most important thing to remember about design patents?

So, the most important thing to remember about design patents is that what you own at the end of the day is the 3D appearance of the object, not what it does (which is what utility patents cover), but instead what it looks like.

What is a continuation patent?

A continuation is much like a divisional, in that it is a child of and most come from a parent patent application. Different from a divisional, a continuation is filed optionally when additional (new) claims are sought for an invention.

How much does it cost to patent a product?

While ongoing patent prosecution costs may be uncertain, having a sense of rough overall costs of the patent process will help know what you’re getting yourself into. Keep in mind there will always be outliers. For most of the patent filings handled by our firm, the following estimates of the patent application process from start to finish would apply: 1 Design patent: approx. $2,000 to $3,500 2 Utility patent: approx. $15,000 to $45,000

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.

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.

Table of Contents

Average Cost to Patent An Idea

Cost to File A Patent Application

Patent Costs by Type

Frequently Asked Questions