One of the most frequent questions I get asked by inventors and businesses is about how much it will cost to obtain a utility patent in the US. Estimating US patent costs is a difficult matter because so much depends on the technology involved, but answering “it depends” is not particularly insightful or helpful. With that in mind, what follows are some general ballpark estimates, which should give at least some guidance when trying to budget for the filing of a patent application at the United States Patent and Trademark Office.
Non-Provisional Patent Application
If you are finally about to receive a patent, then you must file a non-provisional patent application. Without knowing a good deal about the invention it is very difficult, if not completely impossible, to give reliable estimates as to likely costs associated with filing a non-provisional patent application. Nevertheless, for micro entities the fees would be $400 at a minimum. It is also worth noting that filing fees can and do go higher depending upon the number of claims the application contains. Professional drawings, which really need to be thought of as required, will typically add at least another $300 too $500 for a complete set drawings. It is also worth noting that virtually no invention is extremely simple.
Patent Search:
A patent search is absolutely critical because it will give you an idea about whether it even makes sense to pursue a patent in the first place. Patent searches do not come with guarantees. The goal of a patent search is to reach the 80% level of confidence threshold. To reach higher would take many thousands of dollars, and to reach near certainty would require millions of dollars, so the search that is undertaken is reasonable given the value of the invention. It is also reasonable given that the prior art represented in patent applications filed for the first time within the last 18 months are simply not findable because they are required by law to be kept secret. So a “no stone unturned” search is not possible and not economically wise. But a thorough search of what can be reasonably found leads to better decisions and always leads to a better written patent application that takes into account the prior art. Without knowing what is in the prior art there is simply no way to accentuate what is most likely unique in comparison to the prior art. In other words, without a search you are describing your invention in a vacuum.
Provisional patent application
A patent search is absolutely critical because it will give you an idea about whether it even makes sense to pursue a patent in the first place. Patent searches do not come with guarantees. The goal of a patent search is to reach the 80% level of confidence threshold. To reach higher would take many thousands of dollars, and to reach near certainty would require millions of dollars, so the search that is undertaken is reasonable given the value of the invention. It is also reasonable given that the prior art represented in patent applications filed for the first time within the last 18 months are simply not findable because they are required by law to be kept secret. So a “no stone unturned” search is not possible and not economically wise. But a thorough search of what can be reasonably found leads to better decisions and always leads to a better written patent application that takes into account the prior art. Without knowing what is in the prior art there is simply no way to accentuate what is most likely unique in comparison to the prior art. In other words, without a search you are describing your invention in a vacuum.
Cost for hiring a Patent Attorney
The cost for attorney time for a provisional patent application is around 2000$. The filing fee is 130$ for a small entity or a drawing typically costs 100$ to 125$ per page so a high quality patent application for a mechanical or electrical can be filed for 2500$ to 3000$. As with non-provisional patent application the technology involved and the complexity of invention do greatly affect the quoted price for provisional application. For example, for computer related inventions and softwares the cost to prepare and file a provisional patent application is typically 6000$, plus filing fee and drawing cost.
These estimates are hypothetical and assume a high quality application is filed with the intent of obtaining meaningful, strong patent protection.
Example 1: Computer implemented method for facilitating certain functionality via the internet
• Patent search with attorney opinion =2500$ to 3000$
• Provisional patent application prepared and filed= 6000$
• Filing fee to the USPTO for provisional patent application =130$
• Non- Provisional patent application based off provisional filing=10,000$ to 12000$
• Filling fee to the USPTO for non-patent application= 800$ to 1,250$
• Professional illustration for non-provisional patent application= 500$
• Total cost through the non- provisional application = 19,900$ to 22,880$
Example 2: Consumer electronic product
• Patent search with attorney opinion= 1750 $
• Provisional patent application applied and filed= 2500$
• Filing fee to the USPTO=130$
• Non- provisional patent application based of provisional filing=8500$
• Filing fee to the USPTO for non-provisional patent application=800$
• Professional illustration for non-provisional patent application=400$
• Total Cost through filing non-provisional patent application=14,080$
Example 3: Mechanical tool
• Patent Search with attorney opinion= 1250$
• Provisional patent application prepared and filed= 2000$
• Filing fee to the USPTO =130$
• Non-provisional patent application based off provisional filing=7500$
• Filing fee to the USPTO for non-provisional patent application=800$
• Professional illustration for non-provisional patent application=400$
• Total cost through filing non-provisional patent application=12,080$
The costs can addup quickly no doubt, but there could be post filing costs once the patent examiner starts to examine the application filed. Given the high costs given with associated patents associated with obtaining a patent some inventors either need to give up on the project, do it themselves or seek deep-discount providers, many of whom are not patent attorneys or patent agents. You need to always remember that you get what you pay for, which is true in every aspect of life, so be careful with deep-discount providers.
