how much does it cost to hire a patent lawyer in indiana

by Rosemary Ondricka 9 min read

It is typical for an attorney to say it will be $10K for your patent, but they are forgetting the $2K government fee for filing, $4K per round of argument, annuity fees of $7-13K, etc. A more honest answer is $30-40K spread over the 20 year period of the patent term.

Full Answer

How much does it cost to hire a patent attorney?

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. A patent attorney must be admitted both to the state bar and the patent bar, which is the USPTO registration exam.

How much does it cost to get a mechanical patent?

Drafting a nonprovisional patent application for a mechanical invention: $5,500–$7,500 Drafting a nonprovisional patent application for a complex mechanical, electrical, or internet-related business method or other invention: $7,000–$12,000

Should inventors hire a patent lawyer?

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 do I choose a good patent attorney?

Choosing a good patent attorney can be the difference between getting your patent successfully approved and seeing it fail. To be qualified as a patent attorney, a lawyer will have to have achieved admission to both the state bar and the patent bar.

image

What is the average cost to patent an idea?

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.

Why are patent lawyers so expensive?

Places like IBM and Microsoft file thousands of patents per year and have patent budgets in the millions of dollars. Since most of the patents are filed by companies, most patent attorneys do work for companies and therefore are not very price sensitive and can charge these high rates.

How much does it cost to prosecute a patent?

“there will be post-filing costs once the Patent Examiner starts to examine the application filed, but those will be the subject of a future article. Still, you should budget at least another $5,000 to $7,500 for prosecution and issue fees to the Patent Office.”

How can I get a patent for free?

You can file a patent online using the patent office's EFS-Web service. The USPTO's website includes detailed information on what should be in your application on its "General Information Concerning Patents" page under Inventors Resources and Guidance.

Is my invention patentable?

In order for your invention to qualify for patent eligibility, it must cover subject matter that Congress has defined as patentable. According to USPTO this means the subject matter should be any “new and useful” process, machine, manufacture or composition of matter.

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.

How long does it take to get a patent approved?

about 22 monthsAccording 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.

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.

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 a patent attorney charge?

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.

What rights do you have as a patent owner?

As a patent owner, you have specific rights about your invention, which include: The right to license your patent to third-parties and in turn, collect royalties. The right to sell your patent and invention in general. The right to sue those who infringe on your patent.

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.

How to get a patent for a cheapest way?

Of course, the cheapest way to obtain a patent is to complete this process yourself. To do so, you should take critical steps. 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.

How much does it cost to get a patent?

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.

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.

Liz Oliner

If you want someone who has gone through the trademark process over and over again, look no further than Liz Oliner. She has filed over 300 trademarks in the last year alone and has practically got the process down to a science. Small businesses and entrepreneurs frequently come to Ms. Oliner for their trademark and brand protection needs.

Seth Wiener

As an experienced trial lawyer and litigator, Seth Wiener has resolved numerous federal and state litigations. His cases have included everything from family law to bankruptcy to fraud and more. Before Seth formed his own firm, the Law Office of Seth W. Wiener, he worked for several prominent law offices where he gained a great deal of experience.

Kanika Radhakrishnan

Kanika is an experienced Patent Attorney and Managing Partner of Evergreen Valley Law Group in Silicon Valley, which serves innovative entrepreneurs with backgrounds in mechanical engineering, electrical engineering, and computer science. She has filed over 5,000 patent applications in the U.S.

Joshua Garber

Representing notable clients like Tesla and the City of Los Angeles, Josh Garber excels at helping clients with employment and labor laws. Many of his past clients have had great success using Josh for employment agreements and Division of Labor Standards Enforcement (DLSE) hearings.

David Yamaguchi

Startups and small businesses sometimes need someone who can deal with complex transactions on an international playing field. David Yamaguchi specializes in content hosting issues and intellectual property. He concentrates his practice in the United States, Asia, India, and Europe. Whether you are a business giant or a startup, Mr.

Other Cities in Indiana where our Patent Attorneys can assist you

Our experienced Indiana patent attorneys & lawyers represent individuals and businesses throughout the state of Indiana, United States, and world with domestic and foreign patent application and prosecution matters.

What Our Customers Have to Say

"UpCounsel gives me access to big-firm lawyers minus the big-firm price tag. I work with several attorneys on the platform and there are never surprises...I always receive quality legal work at competitive rates that larger firms simply cannot match."

What if you could get a flat fee quote before hiring a patent attorney?

Many attorneys charge an hourly rate. Some patent attorneys charge $500 an hour or more. Even an hourly rate of $200 per hour can add up fast. And the worst part is that you don’t know how much you’ve spent until the bill arrives.

Does a flat fee cover everything?

At Trenner Law Firm, the flat fee DOES cover everything that we tell you it covers. For example, when you hire Trenner Law to prepare and file a provisional patent application, we write the patent application, we send you a draft for review and input.

Job Description for Patent Attorney I

Patent Attorney I determines potential of granting patents on inventions or trademarks, and monitors possibility of infringement. Responsible for preparing and filing patent applications and trademark registrations, litigating pending applications and registrations, and reporting possible violations.

Career Path for Patent Attorney I

Becoming a Patent Attorney gives you the opportunity to be involved in both science and law. You use the scientific training from your academic career in combination with the legal training that you gain on the job.

Are you an HR manager or compensation specialist?

Indiana /ˌɪndiˈænə/ (listen) is a U.S. state located in the Midwestern and Great Lakes regions of North America. Indiana is the 38th largest by area and the 17th most populous of the 50 United States. Its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th U.S. state on December 11, 1816.

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.

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.

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.

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 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.

How much does an attorney charge to draft a patent?

Most attorneys charge within 20% plus or minus to draft a patent application of each other regardless of hourly rates. The better draft from the more experienced attorney will typically have less difficulty gaining allowance at the patent office.

Why hire a patent attorney?

So, you want to hire a patent attorney to protect your new innovation. It could be for AI, Blockchain, Machine learning, IoT, or some other cutting edge technology that you are developing.

How long does a patent last?

Patent rights last for up to 20 years from the date the idea was first filed. And it could be 3 or more years before a patent is granted. Given such long time frames, it is in your best interests to ask your patent attorney to give a ballpark estimate of the costs that you would incur during this entire period.

How many patents were filed in 2015?

According to US Patents and Trademark office 629,647 total patent applications filed in the year 2015. On average, about two thirds of those applications will issue eventually, but the likelihood of receiving a patent varies wildly with certain technologies having only a 10% chance of success.

Is simple innovation more expensive to patent?

Technology area with some requiring twice the writing budget over others. The patent office favors complexity over simplicity, so easy to understand innovation often requires a deeper explanation of the underlying technology which leads to the counter intuitive notion that simple innovation is more expensive to patent.

Can an attorney file a patent?

For example, attorney may file patents in areas that the patent office rarely rewards with a patent. Also, they may not invest the time and effort to draft a patent application that will fly through the process. Impossible patent odds with very determined effort will quickly zap your legal budget.

image

Patent Cost

Image
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…
See more on thervo.com

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…
See more on thervo.com

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