Depending on the technology involve in the invention, attorney fees, their inventions marketability and geographical application of the patent, you get the estimate of the cost of the patent. Nonetheless, there are some basic guidelines that inventors can use to estimate their plans their budget accordingly.

One of the most important factors that affect the patent cost in the US is the invention itself, and specifically the degree of complexity. The patent application involves a lot of texts and drawings even for the simple invention. The first step in the patent application process is to file a non-provisional patent application, which involves paying attorney fees in the range of $5000 to $15,000 or more, depending on the intricacies of the invention.

 

The amount you spend on the patent application will also depend on the market opportunities. Inventors may spend more for the invention with the strong market potential to get best possible patent protection. Statistics show that up 97% of patents generate less revenue than they cost to obtain. The cost of a patent can vary widely, depending on, not only the complexity of invention, but also the intended market. The most expensive time-consuming process so small companies should be highly selective about what patents they file for. The patent application fee for a basic utility patent is $330, which is in addition to a $540 utility patent search fee and $220 examination fee, plus the maintenance fee of $980 after3 years.

FusionIn order to keep costs down inventors and small businesses will frequently look for ways to cut corners.  Sometimes the first corner that is cut is foregoing a patent search.  This is always a bad idea and generally turns out to be a big mistake. In fact, I will only represent people who want to skip the patent search phase if they sign an agreement that sets out the dangers of choosing to forgo a patent search and that they have been specifically advised against proceeding without a patent search.  Furthermore, I recently interviewed Micky Minhas, who is Chief Patent Counsel for Microsoft, and he told me: “We do prior art searches on every one of our cases that we file and we still get unanticipated art.”  This should tell you something about the dangers that lurk.

To review, perhaps a couple examples might be helpful. 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 = $2,500 to $3,000
  • Provisional patent application prepared and filed = $6,000
  • Filing fee to the USPTO for provisional patent application = $130 (small entity)
  • Nonprovisional patent application based off provisional filing = $10,000 to $12,000
  • Filing fee to the USPTO for nonprovisional patent application = $800 to $1,250 (small entity)
  • Professional illustrations for nonprovisional patent application = $500
  • TOTAL COST through filing nonprovisional patent application = $19,930.00 to $22,880 (if provisional patent application is skipped the cost would be $130 less)

Example 2: Consumer electronics product

  • Patent search with attorney opinion = $1,750
  • Provisional patent application prepared and filed = $2,500
  • Filing fee to the USPTO = $130 (small entity)
  • Nonprovisional patent application based off provisional filing = $8,500
  • Filing fee to the USPTO for nonprovisional patent application = $800 (small entity)
  • Professional illustrations for nonprovisional patent application = $400
  • TOTAL COST through filing nonprovisional patent application = $14,080 (if provisional patent application is skipped the cost would be $130 less)

Example 3: Mechanical tool

  • Patent search with attorney opinion = $1,250
  • Provisional patent application prepared and filed = $2,000
  • Filing fee to the USPTO = $130 (small entity)
  • Nonprovisional patent application based off provisional filing = $7,500
  • Filing fee to the USPTO for nonprovisional patent application = $800 (small entity)
  • Professional illustrations for nonprovisional patent application = $400
  • TOTAL COST through filing nonprovisional patent application = $12,080 (if provisional patent application is skipped the cost would be $130 less).