how much does it cost to file a patent with lawyer fees

by Randall Greenfelder 7 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

How much does a patent lawyer cost?

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.

What are the requirements to become a patent lawyer?

Steps to Become a Patent Attorney

  • Be a United States Citizen or Legally Reside in the United States
  • Prepare for, enroll in, and pass the LSAT (Law School Admission Test)
  • Complete your law degree from an ABA accredited law school
  • Have Good Moral Standing
  • Pass the Bar Exam in your jurisdiction
  • Pass the Patent Bar Exam. ...

How much do patent attorneys earn?

Salary. How much does a Patent Lawyer make? The average Patent Lawyer salary is $128,904 as of December 27, 2021, but the salary range typically falls between $102,154 and $147,867. Salary ranges can vary widely depending on many important factors, including education, certifications, additional skills, the number of years you have spent in ...

What is a yearly salary for a patent attorney?

  • Flexible spending account
  • Paid time off
  • Dental insurance
  • Vision insurance

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What is the average cost to file a patent?

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+.

What is the cheapest way to file 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.

How much does it cost to file and maintain a patent?

A patent's cost varies depending on its type, complexity, and if you hire an attorney. In general, you can expect the following costs to file a patent: USPTO fee (government): $50 to $700. Maintenance fee (renewal): $400 to $7,400 per year.

Why Filing a patent is so expensive?

Because patents are valuable to have and expensive to infringe there will always be those who seek to get around your rights. The job of the patent attorney is to make sure that doesn't happen to the greatest extent possible. That requires a lot of time and energy, which translates into money.

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 I file a patent myself?

File a Patent Application You can file a patent application on behalf of yourself or your co-inventors. Alternatively, you can hire a registered patent agent or attorney to file your application for you.

How much is a 20 year patent?

$20,000 to $60,000The full cost of obtaining and maintaining a U.S. patent over 20 years is in the range of $20,000 to $60,000. This sum is influenced by the type of technology being patented; the number of claims and drawings included in the application; the number and nature of rejections from USPTO; filing fees, etc.

How long does it take to get a patent approved?

According to the United States Patent and Trademark Office (USPTO), it takes about 22 months to get patent approval after going through the steps to file a patent. If you're eligible for a prioritized examination for plant and utility patents, known as Track One, you might get approval in six to 12 months.

Does a poor man's patent hold up in court?

Even under the old system, i.e., the “first to invent” system, a “poor man's patent” standing alone, i.e, without a patent application, was worthless. You cannot access the court system and ask a judge or a jury to enforce a right that the U.S. Government does not even recognize as a right.

What percentage of patents are successful?

Analysts report that more than 95% of patents are worthless-- not because patents as a class are worthless, but because companies fail to understand one simple principle that makes patents powerful.

Is it worth getting a patent?

The primary benefit of a patent is the right to stop your competitors from selling the same product. You can become the sole supplier of the product. Based on the law of supply and demand, lowering the supply allows you to sell your product at a higher price. If sales are strong, then the patent is absolutely worth it.

Are patents even worth it?

In some industries, patents are absolutely critical. But in far more they are not. It's a well-known fact that a vast majority of patents are worthless. Around 97% of all patents never recoup the cost of filing them.

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.

How much does it cost to file a non-provisional patent?

Filing a non-provisional patent application is more expensive and costs about $900.

How much does an inventor pay for a patent?

While the USPTO decides if an invention is original by using its own patent search, many inventors pay between $1,000 and $3,000 for professional patent searches before they send their applications.

How much does a provisional patent cost?

Filing a provisional patent application can cost as low as $65. However, provisional patent applications typically cost between $5,000 and $9,000 plus legal fees.

What is the purpose of a patent?

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 a design patent?

A design patent is another, more limited, patent option which protects a product's unique appearance only. Design patents are commonly used to protect apparel and fashion pieces, the shape of medical products, and the way manufactured goods look.

Why do inventors spend more money?

In a strong market, inventors will often spend more money to make sure their invention has the best protection. Similar products with patents. In a crowded marketplace, inventors need to make more effort to show that their new products are unique enough to get patents. Geography.

How much does it cost to get a plant patent?

This plant can't be grown by tubers, types of underground plant storage structures, or found in an uncultivated state. Filing a plant patent application costs between $360 and $720.

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.

What is the qualification to become a patent attorney?

Attorney qualifications. 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.

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.

Why do inventors hire patent lawyers?

For many inventors, hiring a patent lawyer or agent is an investment in protecting intellectual property, which can mean the difference between a successful startup business or a failure.

How to manage costs afterward?

To manage costs afterward, people should come to each meeting fully prepared to discuss the idea for the patent. The invention should be thoroughly documented in a guide that the attorney can refer to. This kind of preparation helps limit the number of unplanned questions that extend meetings.

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.

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.

Should You Pay an Attorney or Do It Yourself?

Should you attempt to do your patent application yourself or should you hire a professional to complete the application? Many inventors have obtained patents on their own ⎯ many using the method David Pressman explains in detail in his book, Patent It Yourself. But doing your own patent requires considerable diligence.

Should You Pay a Draftsperson or Create Your Own Drawings?

Nearly every utility or design patent application includes drawings that help explain how to make and use the invention. You’re probably familiar with these technical drawings that are almost always in black and white and use a careful line-drawing style.

Paying USPTO Fees

The third major cost when preparing and filing a patent application are the fees that are paid to the U.S. Patent and Trademark Office (USPTO). These fees are broken down for specific purposes and activities. You can pay these fees by personal check, money order, or credit card.

What is Small Entity Status?

An applicant qualifies for small entity status if it is a for-profit company with 500 or fewer employees, a nonprofit organization, or an independent. The USPTO charges small entities half the fees charged large entities for filing a patent application and for issuing and maintaining the patent.

Patent Application Fees

For utility patents, the small entity fees include a $165 filing fee ($82 if filing electronically), as well as a search fee of $270 and an examination fee of $110. For large entities, the filing fees are a $330 filing fee, a search fee of $540, and an examination fee of $220.

Provisional Patent Application Fees

An inventor may file an interim patent application (called a provisional patent application or PPA).

Maintenance Fees

Fees must be paid to the U.S. Patent and Trademark Office (USPTO) (or the patent office of another country where a patent has been obtained) to keep an issued patent in effect. As of September 2008, the maintenance fees for U.S. utility patents (there are no maintenance fees for design or plant patents) are as follows:

1. Patent Attorneys Fees Explained – IPWatchdog.com

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

Aug 26, 2020 — Attorney’s fees · Drafting and filing a nonprovisional patent application: $4,500 · Drafting and filing a provisional patent application: $2,000. (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) …

4. How much does a quality patent cost? – OC Patent Lawyer

Aug 17, 2019 — The drawing fees are typically about $500 to $1000. They usually run around $40 to $150 per drawing page. Attorney fees. The rest of the cost is (9) …

5. Cheapest way to get a patent – Miller IP Law

The typical cost to hire an attorney to prepare and file a provisional patent application is $1750-$3000 and a non-provisional patent application is $5750-$ (14) …

6. Patent Application Cost (Bitlaw Guidance)

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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) …

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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+.
See more on thervo.com

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…
See more on thervo.com

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…
See more on thervo.com

How Much Does It Cost?

  • 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.
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The Cost of Each Patent Application Type

  • Before you can think about patent costs, you must come up with a unique product idea that doesn't copy prior art. Prior art is any idea or product that already exists. After you have an original idea, you are ready to file a patent application. The cost of filing a patent application can usually be divided into three parts: United States Patent and TrademarkOffice (USPTO) filing fees, lawye…
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Factors That Can Affect A Patent's Cost

  • While the type of patent is the largest part that affects costs, other factors can also play a part: 1. The size of the business or the type of person applying for a patent. Individuals pay less than small businesses. Large firms pay the most for their patents. 2. The invention's technology. If the invention has much technology behind it, it will be more expensive than one that doesn't rely so …
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More Costs Connected with Filing Patents

  • Most inventors pay other costs to file their patent applications. While the USPTO decides if an invention is original by using its own patent search, many inventors pay between $1,000 and $3,000 for professional patent searches before they send their applications. A patent search lets inventors know if their ideas are unique enough and worth spending time and money to develop…
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Example of Costs For A Patent

  • With so many costs, you might not understand how much a patent might cost for a company. Imagine an inventor with a small startup firm wants to patent a unique alarm clock. This inventor might expect the following costs: 1. Patent search with a lawyer's opinion: $2,000 2. Creating and filing a provisional patent application: $2,500 3. Filing the utility patent with the USPTO: $130 (co…
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Frequently Asked Questions

  • Why should I use a patent lawyer? Small mistakes can hurt your chances for patent approval. Patent lawyers receive training in all aspects of patent law. They also usually have technical degrees in...
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