how much does it cost the get a patent with a lawyer

by Ms. Marcella Schmidt II 5 min read

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. Previous: Why should you file a patent application?

Full Answer

What is the average salary of a patent lawyer?

These charts show the average base salary (core compensation), as well as the average total cash compensation for the job of Top Patent Attorney in the United States. The base salary for Top Patent Attorney ranges from $220,373 to $302,105 with the average base salary of $262,417.

What is the average cost of a patent attorney?

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.

How to find a good patent lawyer?

  • Patent applications are complex documents that nonetheless have to be clear, understandable, and persuasive. ...
  • Your attorney should also be able to tell you why most patent applications are rejected. ...
  • This should also give you an idea of how your attorney plans to proceed with your specific application. ...

How to become a patent agent?

A patent agent serves as a liaison between the inventor and the office. For this job, candidates need a bachelor's degree in physical sciences, engineering, or an area of specialty. You must pass an examination to be registered with the U.S. Patent and Trademark Office (USPTO). You need two to three years of related experience.

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How much does it cost to obtain a patent?

A patent can cost from $900 for a do-it-yourself application to between $5,000 and $10,000+ with the help of patent lawyers. A patent protects an invention and the cost of the process to get the patent will depend on the type of patent (provisional, non-provisional, or utility) and the complexity of the invention.

What is the cheapest way to get a patent?

Cheapest way to get a patentDo-It-Yourself (Draft it and File it Yourself) ... Cost of Filing It Yourself. ... Still To Expensive? ... Cost of Filing It Yourself. ... Fiverr & Other Low Cost Options. ... If Budgets Allow - The Better Option Is to Use an Attorney. ... The Cost of An Attorney.

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.

Are patents worth it?

Before spending thousands of dollars on a patent you should spend time executing on your idea. This means proving your idea is worth the investment of time and money. Around 97% of patents that are filed ultimately fail and never see the light of the market. These are horrible odds so don't ever start with a patent.

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.

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 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.

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 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.

Can you write a provisional patent application?

With legal changes in patent law, however, you can no longer rely on this method. You can, however, write a provisional application. Self-drafting your own application is a decision you should carefully consider. While the choice comes down to you, be sure to consider long-term costs and protections.

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.

What is provisional patent?

Provisional Patents. If you are not ready to invest in a patent but want to protect your rights, file a provisional 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.

What is the downside of a utility patent?

The downside is that your scope of coverage will be limited to tools that look just like your design. Your utility patent may be broader, covering multiple angles and products.

Do patent lawyers pay more for malpractice insurance?

There is a reason that patent lawyers pay more for malpractice insurance than almost any other kind of lawyer. If you want to save money and get the best patent possible then do some of the work yourself. A great start is to conduct your own patent search. Today, you have amazing tools at your disposal.

Can a design patent protect aesthetic design?

Design patents can only protect aesthetic design choices. For example, if you invent an improvement for a tool with a handle bent to a particular angle that improves ergonomics, then your invention may be eligible for two different patents. A utility patent that describes useful handle angles for ergonomics.

1. The Cost of Obtaining a Patent in the US – IPWatchdog.com

Apr 4, 2015 — The cost for attorney time alone for a provisional patent application is typically at least $2,000. The filing fee is $130 for a small entity Tue, Sep 7Stop losing time, money, sleep Sep 12 – Sep 15IPWatchdog LIVE at the Sep 13 – Sep 15Alt Legal Connect 2021 (1) …

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

Aug 26, 2020 — The average cost for an Intellectual Property Lawyer is $300. To hire an Intellectual Property Lawyer to complete your project, (4) …

3. How Much Do Patent Attorneys Charge – BlueIron IP

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 (7) …

5. How Much Does a U.S. Patent Cost? – Legends Law Group

The longer answer involves the question, “How much is it worth,” because a “do-it-yourself” patent or one handled by an inexperienced patent attorney (14) …

9. 6 Things to Know Before Hiring a Patent Attorney – Triangle IP

Often, attorneys simply quote the cost for drafting the application without the argument costs, government fees, etc. It is typical for an attorney to say it (27) …

10. How much does a patent cost? And why – IP Osgoode

Apr 21, 2020 — Patent agents and/or lawyers are essential for acquiring a patent. In particular, these professionals help with the drafting and filing of the (29) …

1. The Cost of Obtaining a Patent in the US – IPWatchdog.com

Apr 4, 2015 — The cost for attorney time alone for a provisional patent application is typically at least $2,000. The filing fee is $130 for a small entity Tue, Sep 7Stop losing time, money, sleep Sep 12 – Sep 15IPWatchdog LIVE at the Sep 13 – Sep 15Alt Legal Connect 2021 (1) …

2. How Much Do Patent Attorneys Charge – BlueIron IP

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 (4) …

4. How much does it cost to patent an idea? – new 2021 update

Most good patent lawyers will bill between $200-$400 per hour. This means that to prepare a new patent application you will be paying between $5,000-$10,000 in (9) …

5. How Much Does a Patent Cost? – The Balance Small Business

Patent Attorney and Agent Fees — Other costs of patents include: Search fees; Examination fees; Attorney and patent agent fees. Typical Patent (14) …

7. Patent Application Cost (Bitlaw Guidance)

It Generally Does Not Cost More to Use Forsgren Fisher McCalmont DeMarea Tysver — A patent attorney will usually charge between $8,000 and $10,000 (21) …

8. 6 Things to Know Before Hiring a Patent Attorney – Triangle IP

Often, attorneys simply quote the cost for drafting the application without the argument costs, government fees, etc. It is typical for an attorney to say it (24) …

What is a patent attorney?

Patent Attorney: A patent attorney is a person who has completed law, passed his state’s bar exam, and is licensed by the USPTO to assist inventors with all aspects of patenting their inventions.

What to do if you don't have money for a patent attorney?

If you don’t have the money for a patent attorney, you should explore the option of hiring a patent agent. Patent agents, like patent attorneys, are licensed by the patent office to assist inventors with patenting their inventions.

How long do utility patents last?

Utility patents last for 20 years from the filing date of a nonprovisional patent application. Design patents last for 15 years from the date the USPTO grants your patent application. Plant patents last for 20 years from the filing date of your patent application.

Can I get a patent without a lawyer?

Yes, you can definitely get a patent without hiring a patent attorney or lawyer. The USPTO will even offer inventors patenting their own invention assistance with doing so. That said, the patent office recommends that all inventors hire a patent attorney or patent agent to assist them with patenting their invention. This is so because patent law is quite complex and making even minor mistakes could cost you time and money down the road to remedy.

Should I get a patent on my own?

You should only get a patent on your own if you are familiar with US patent law and you have excellent writing skills. A patent is as good as your draft your patent application. As such, it’s extremely important for it to be drafted as well as possible. If you can’t afford a patent attorney, consider hiring a patent agent to assist you with patenting your invention.

Can I patent my invention without an attorney?

To get a patent without an attorney, it will cost you far less to do so, since you’re only liable for paying the USPTO patenting fees. USPTO patenting fees are still high, but by patenting an invention on your own, you’re relieving yourself of paying for an attorney, which makes up the majority of the fees associated with patenting an invention.

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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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