how much does a utiltiy patent lawyer cost

by Wilber Pollich 6 min read

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 fees. Most experienced lawyers will charge between $200 and $400 per hour. Unlike a family lawyer, for instance, patent lawyers typically undergo specific legal training and hold a technical degree.

A utility patent will cost between $7,000 to $20,000. This patent cost estimate includes the short-term costs to prepare and file a utility patent application which gives you patent pending for your invention. Also, the estimate includes the long-term costs to examine the utility patent application to get the patent.

Full Answer

How much does a utility patent cost?

Nov 02, 2020 · The utility patent cost includes a $540 patent search fee, a $220 examination fee, a $330 application filing fee, and possibly a patent lawyer's legal fees which can exceed $10,000. The utility patent lasts 20 years from the date of the original application filing and includes maintenance fees that are billed every few years as follows:

How much does a patent lawyer cost?

Jun 24, 2020 · Because of all this, most people looking to get an idea patented hire a lawyer. If paying a lawyer to fill out your patent forms seems wasteful, consider how the lawyer fees get broken down: Utility patents — $280 just to file. Design patents — $180 to file. Plant patents — $180 to file. Drawing fees — $75 to $150.

How much does it cost to file a provisional patent application?

$455.00 $830.00 $1820.00 Federal filing fees (required)* Micro entity Small entity Large entity * The federal government filing fees include the basic filing, search and examination fees for utility patent applications, and do not include the required issuance fee once an application has been reviewed and allowed by the USPTO.

How much does it cost to patent a business name?

Mar 17, 2022 · The fee is a few hundred dollars, half as much for small entities (like small businesses) and a quarter as much for individual inventors. When most people talk about patents they are talking about utility patents. The utility patent cost does not come from the patent office but from the cost of paying a lawyer to prepare the application.

Is it worth getting a utility patent?

Utility patents are worth it if you have an invention or product that you know you can either sell successfully or profit from by licensing the invention to third parties who will pay you an agreed-upon fee in exchange for being able to use your patented invention.

How hard is it to get a utility patent?

In turn, utility patents are difficult to obtain. For one, they are hard to write, the process may be time consuming and expensive to undertake, and their complexity may make them difficult to understand. Utility patents are issued by the U.S. Patent and Trademark Office (USPTO) and last for up to 20 years.

Why are utility patents so expensive?

Why is a utility patent application so expensive? In most cases, utility applications are substantially more expensive than design patent applications since a greater amount of work is required to draft a utility application.

How long does it take to get a utility patent?

The average patent approval process takes 25.6 months. A utility patent is the term used to describe what most people think of simply as a patent and is the most common type of patent. Utility patents protect a variety of inventions from duplication by others for 20 years from the application submission.

How long is a utility patent good for?

20 yearsHow Long Do IPR Rights Last? A U.S. utility patent, explained above, is generally granted for 20 years from the date the patent application is filed; however, periodic fees are required to maintain the enforceability of the patent.Feb 25, 2021

What qualifies for a utility patent?

The four requirements for a utility patent are:The invention must fall within one of the statutory classes.The invention must be useful.The invention must be novel.The invention must be nonobvious.

What are the three basic fees for utility patents?

Simplified USPTO patent filing fees for a utility patent applicationType of feeLarge EntitySmall EntityBasic filing fee – Utility$300$75Utility Search Fee$660$330Utility Examination Fee$760$380Independent claims (above 3)$460$2302 more rows•Mar 26, 2018

How can I get a patent with no money?

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

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.

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. If this happens, they are infringing on your patent, assuming it gets issued.

How much does it typically cost to file a patent application in the United States?

How much does a patent cost? And whyUS Patent FeesRegularSmall EntityInitial Filing Fee$300$150Search Fee$660$330Examination Fee$760$380Issue Fee$1,000$5005 more rows•Apr 21, 2020

What is the difference between a design patent and utility patent?

In general terms, a "utility patent" protects the way an article is used and works (35 U.S.C. 101), while a "design patent" protects the way an article looks (35 U.S.C. 171). The ornamental appearance for an article includes its shape/configuration or surface ornamentation applied to the article, or both.

What is utility patent?

Utility Patent Application. A patent application contains various important documents such as patent illustrations, descriptions of the invention, claims, and so on. As a result, it’s quite complex to manage the patent application. Moreover, you need to do a patent search before applying.

What does "small entity" mean?

Small entity, alone or with natural person (s) and/ or Startup. Others, alone or with natural person (s) and/ or Startup and/ or small entity. Natural person (s) and/ or Startup. A small entity, alone or with a natural person (s) and/ or Startup.

Where is Patsketch based?

PatSketch is based out of the U.S. and has clients from more than 45 countries. PatSketch has been serving clients for over a decade now. Also, the company believes in maintaining seamless communication with clients. It helps in understanding the clients and their requirements better.

Does the Indian Patent Office accept inventors?

In India, the Indian Patent Office accepts patent applications from inventors. Moreover, IPO issues guidelines for the applicants. In Table 2, you see the fee for various services provided by the Indian Patent Office. However, a fee may vary as it isn’t the same for different entities.

Can I file a patent by myself?

However, you may file a patent application by yourself. It may save you some dollars. Nevertheless, we recommend you to hire a professional. Moreover, investing money and time in hiring a patent attorney and patent firm assist you in every step of the patent filing process.

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 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.

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 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 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.

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.

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.

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.

Does LegalZoom endorse lawyers?

LegalZoom does not endorse or recommend any lawyer or law firm who advertises on our site. We do not make any representation and have not made any judgment as to the qualifications, expertise or credentials of any participating lawyer. The information contained on this site is not legal advice.

Is LegalZoom a referral service?

This portion of the LegalZoom website is not a lawyer referral service or prepaid legal services plan. The sole basis for the inclusion of this advertisement is the payment of a fee for exclusive advertising rights. LegalZoom does not endorse or recommend any lawyer or law firm who advertises on our site.

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.

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.

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.

How much does it cost to file a utility patent?

The short term cost to prepare and file a utility patent application (i.e., secure patent pendency) is about $5,000 to $10,000 on average. This is just for the utility patent application. It does not include costs for examination. The long term cost is related to the examination of the utility patent application when the examiner at ...

What are the factors that determine the cost of a patent?

The actual patent cost to get a patent or secure patent pending status depends on the following factors: Factor 1: Complexity of the invention. Factor 2: Business environment. Factor 3: Goals of the inventor. Factor 4: Experience level of the patent attorney.

What is the biggest factor in patent costs?

The goals of the inventor is probably the single biggest factor to patent costs. For example, if the inventor wants to secure as much patent protection on the invention as possible, this would make the task of preparing a suitable patent application significantly more difficult.

How to prepare a patent application?

There are different ways to prepare the patent application. One way would be to provide a straightforward discussion and explanation of the invention. What would happen here is that the patent attorney would merely spend as little time as possible to think outside of the box to see the bigger picture of the invention.

What is the most important factor in determining the cost to protect your invention?

The patent attorney or company that you select to prepare the patent application for you will most likely be the most important factor in determining the cost to protect your invention.

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 a nonprovisional utility patent application cost?

In answering the question of “How much does a utility patent cost?” the largest portion of the cost of filing a nonprovisional utility patent application will be the legal fees for drafting the application. The conventional approach has been to bill hourly attorney’s fees for drafting a utility application.

What does the initial patent filing cost include?

The initial filing cost includes drafting the nonprovisional application, and revising the draft based on input from the client or inventors. Our initial filing estimates will typically include the USPTO filing fees and illustrator fees.

What is not included in the initial patent filing cost?

Our initial filing cost does not include a patentability search which costs $1,500 for each invention.

ICLG Patent Flat Fee Schedule – 2021

We align ourselves with Davids fighting Goliaths. Our registered patent attorneys work as a team to equip startups and founders with solid IP rights that facilitate funding, growth and sales. Email or call us so we can get to work on your IP: (949) 223-9623 | vlin@icaplaw.com

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

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.

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.

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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