how much a patent lawyer cost

by Prof. Elsie Eichmann 5 min read

Patent Attorney Cost 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.

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

What is the average salary of a patent lawyer?

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 is the average cost of a patent attorney?

Feb 01, 2022 · 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.

How to find a good patent lawyer?

Aug 26, 2020 · Here’s how Rodriquez of the Law Office of Fernando G. Rodriguez sets patent-related fees: Drafting and filing a nonprovisional patent application: $4,500. Drafting and filing a provisional patent application: $2,000. Doing a preliminary patent search: $600. Providing a response to office action: $1,500.

How to become a patent agent?

Patent lawyers charge between $200 and $400 an hour. Expect to pay $5000 to $10,000 just in attorney fees. In modern times, a new idea or process must be well thought out or in a new field. The obstacles remain many to obtaining a patent if you are a small or medium business.

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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.

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.

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 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.

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 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

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.

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.

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 limited scope?

Designed for the fashion industry, it does help a person retain their brand appearance and name. In a limited niche, it remains a strong patent to protect artists and designers from infringement by much larger entities .

Can an invention be patented?

These deal with vegetation and genetics of plants. Inventions can fall under more than one category and can be patented under both categories. Each patent offers a different set of protections. The time it covers an idea or an invention, which are also listed differently. The point of the patent remains to get some protection of your idea or invention so that you receive the money from it and not someone else who borrows it without your permission.

Micro Entity Provisional Patent Cost

Most of the time, individuals qualify as a micro entity for the purposes of filing this provisional patent application. Definitely check the requirements before submitting since this is the cheapest way to submit your application for the provisional patent.

Small Entity Provisional Patent Cost

If you don’t meet the qualifications for a micro entity, then you still may be able to save some money if you qualify as a small entity.

Large Entity Provisional Patent Cost

If you don’t meet the qualifications for a micro entity or a small entity, then you’re stuck paying full price because you’re considered a large entity by USPTO standards.

How Much is a Patent Going to Cost?

Now that you’re sure your invention is eligible for a patent, you need to make sure it’s worth it.

What is a Patent?

A patent is a grant of exclusive property rights given to the owner of an invention. They are only granted for useful, intellectual, and new inventions that a person has created.

Can You Patent Your Invention?

Not all inventions are eligible for a patent. There are several questions you’ll need to ask yourself before applying for a patent and figuring out how much a patent is going to cost.

How to File for a Patent

We discussed above how much a patent is going to cost you in money. But you also need to consider this: how much is a patent going to cost you in time and resources?

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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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Utility Patent Application Cost

  • How much does it cost to patent an idea? This is a critical question when youre starting the patent application process. The cost to apply for a patent is only part of the total patent fees that inventors must consider: revising, prosecuting, issuing and maintaining a patent all add to the cost. You can do a lot to keep the cost to file a patent do...
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Patent Application Cost in India

Artificial Intelligence Patents

Patent Ownership

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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 Services

  • 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 analysis is used by the inventors and paten…
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