how much does it cost to hire a patent search lawyer

by Richie Haag 10 min read

Your patent lawyer may charge a $5,000 fee to quickly move a patent application through, but this covers: The patent search and review. This is typically a fixed cost since it may be outsourced to special prior art firms and averages around $500 to $1,000 depending on the level of detail and whether or it is international.

If you are looking for experienced patent attorneys at a reputable firm you should anticipate hourly rates to be somewhere between $275 to $400 per hour in areas outside major metropolitan areas and somewhere between $400 to $800+ per hour in major metropolitan areas.

Full Answer

How much does it cost to hire a patent attorney?

Jun 24, 2020 · Your patent lawyer may charge a $5,000 fee to quickly move a patent application through, but this covers: The patent search and review. This is typically a fixed cost since it may be outsourced to special prior art firms and averages around $500 to $1,000 depending on the level of detail and whether or it is international. Patentability opinion.

How much does it cost to conduct a patent search?

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 …

How much does it cost to get a utility patent?

(And in fact, you will have to apply for another patent). The following is the average cost of patent amendments made through a lawyer: Minimal complexity case costs around $2,244; Relatively complex biotechnology/chemical case costs around $4,448; Electrical /computer cases cost around $3,910; Relatively complex mechanical cases cost around $3,506; Finally, before the …

Should I hire a lawyer or a solo patent agent?

Although you can do this on your own, it may be more worth your time to invest in a professional patent search. This can cost anywhere from $500 to $1,000. ... Lastly, after your patent application has been prepared and completely filled, you might have to hire a lawyer who will handle negotiations with the patent office for you.

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How much does a professional patent search cost?

$1,000 to $3,000Searches done by a professional patent searchers and an attorney written opinion typically range from $1,000 to $3,000, depending upon: (1) the amount of written analysis you want to receive; (2) the complexity of the invention; and (3) the amount of prior art discovered that needs to be considered.Apr 4, 2015

Should I pay for a patent search?

YES! (usually). Once you have decided that you want to move forward with protecting your idea or invention, a patent search is advised to make sure that you are wisely spending your money.Jan 15, 2020

Can you do a patent search without a lawyer?

You will need to conduct significant research, including prior art searches, before filing. It will likely take hundreds of hours of your own time to file a patent application without legal help. You will need to stay on top of and meet the many requirements and deadlines of the application process.Jun 10, 2021

Can I do a patent search on my own?

Conducting a patent search on your own is not that difficult; in fact, many inventors and entrepreneurs conduct their own patent search to save money. However, if you have the budget for it, seeking professional assistance or using patent search software is always an excellent option for a more detailed search result.Dec 20, 2019

How long does it take to do a patent search?

1 to 2 weeksA patent search takes 1 to 2 weeks to complete after receiving drawings and a written explanation of your invention.

How do I research an existing patent?

Start at uspto.gov/patft. Next, under the heading Related USPTO Services, click on Tools to Help Searching by Patent Classification. You can now start searching. Patent searches may also be done at google.com/patents and at a number of other free sites.

How can I get a free patent?

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 the difference between a patent agent and attorney?

A patent agent is someone who has passed the Patent Bar through the U.S. Patent and Trademark Office (USPTO). A patent attorney is a person who has gone to and graduated from law school. This person has passed the State Bar exam as well as the USPTO exam.

What are the 3 different types of patents?

There are three types of patents - Utility, Design, and Plant. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.Jan 31, 2019

How much does it cost to file a patent?

between approx. 3,000 and 6,000 eurosIn addition to the costs collected by the patent office, patent attorney fees between approx. 3,000 and 6,000 euros are generally incurred for a patent application in Germany. Patent applications in other countries are subject to the country's own schedule of fees for government authorities and attorneys.

Are patents public record?

This way invention is encouraged through the monopoly to the inventor and technological arts and sciences are advanced by the disclosure of the invention to the public. Therefore the content of a patent is publicly available information.

How long is a patent good for?

20 yearsA 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 is the purpose of conducting a patent search?

Conducting a search for a patent is a way to avoid paying for an unsuccessful application. Conduct a search yourself for free, have a private law office handle the search for a fee, or consider low-cost options between these two ends of the spectrum.

What are the requirements for the USPTO?

The basic requirements are a maximum household income, an understanding of patenting, and an actual invention, not just an idea for one.

How to protect your innovation?

The main reasons to apply for a protection on your innovation include: 1 Chances to earn revenue from selling or licensing your innovation 2 Credibility in the marketplace for both the innovation and the creator 3 Exclusive rights to use and market the results of your creative work

Do innovators pay for patent examiners?

Patent and Trademark Office examiners check existing patents and pending applications upon receiving a new application. An innovator does pay for the examiners to complete this task. The USPTO website lists the search fees that an applicant must pay.

How much does it cost to do a patent search?

Although you can do this on your own, it may be more worth your time to invest in a professional patent search. This can cost anywhere from $500 to $1,000. A patent attorney can help you conduct this patent search and they will often outsource the patent search to other law firms that specialize in this process.

How to reduce patent costs?

One way to reduce your patent costs is by filing a provisional patent application in the beginning of your patent perusal process. A provisional patent application, like a non-provisional patent application, will require that you include all details about your invention.

Why is patent search important?

A patent search is highly advantageous because it may help you realize that moving forward with a patent application might not be the right decision. And if a patent application is the right decision, the patent application will be even better because you will have a clearer sense of what lies ahead.

Why is it so hard to pin point a price quote on a utility patent?

Pinpointing an exact price quote on the cost of a utility patent in the US is difficult because much of the cost relies on the technology involved. “It depends” is not the answer that inventors what to hear, but as a general rule of thumb remember that you get what you pay for and that can be applied to patent applications.

What to do when you have an invention that you want to protect but you aren't ready to pursue a

The best thing an applicant could do when they have an invention that they want to protect but they aren’t ready to fully pursue a patent is to file a provisional patent application . This will allow you to quickly protect your rights and obtain a “patent pending” status. When you file a provisional patent application, you are not required to include the same number of formalities that you must include in a non-provisional patent application. This means the provisional patent application will be significantly less expensive for you. Although the preparing process for a provisional patent application is not as complex, you do still need to provide a detailed description of your idea or product and prove you have done enough preparation to show that the invention works (even if you still plan to make modifications).

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 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

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 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.

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.

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.

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 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.

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 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?

What does a QUALITY patent or patent application look like?

Before we dive into the discussion of costs, let’s talk about quality. If you search for a “cheap patent application” in Google, you will get a lot of hits on google with quotes lower than the costs that I mentioned above. However, those low-cost patents generally of dubious quality.

Expensive does not always mean high quality

Quality and cost have a direct relationship with each other. In general, very cheap patents have very low quality. However, very expensive patent applications don’t necessarily mean that the patent is of very high quality. The quality between a mid-priced and a high-priced patent might be equal to each other.

Should you hire a patent attorney?

Yes, you should hire someone to help you through the patent process. It is too nuanced to do it yourself properly.

Breakdown of patents cost

Because the cost for a patent application and patent is so much, you must be asking why a patent costs so much.

Is it worth it to hire a patent attorney?

A good patent attorney is worth the money. I’ve seen many transferred in cases and most of them are not of good quality. Just because you paid money for your patent or patent application, it doesn’t mean that you have a quality patent or patent application. The quality of a patent application can depend on many different factors.

Related questions

The cost for a patent on a mobile application will be about $15,000 to $25,000. The cost depends on the complexity of the mobile application and also other factors.

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Government-Run Searches on Applications

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Note that U.S. Patent and Trademark Office examiners check existing patents and pending applications upon receiving a new application. An innovator does pay for the examiners to complete this task. The USPTO website lists the search feesthat an applicant must pay. Examiners reject an application that is too much like an ex…
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Methods of Searching For Similar Patents

  • To find out if something similar to your invention already exists: 1. Conduct a search by using the USPTO databaseyourself at no cost. 2. If you prefer, go to the USPTO headquarters or regional officeto conduct your search. 3. Alternatively, search all registrations going back to the first one issued in the country at a Patent and Trademark Depository Library. These libraries have helpful …
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Alternative Ways to Cover Patent Search Costs

  • An inventor or small business with limited resources might qualify for free attorney assistance through the Nationwide Pro Bono Program. This service results from the Leahy-Smith America Invents Act. The law encourages the USPTO to support intellectual property law offices in providing assistance to innovators who need it. The basic requirements are a maximum househ…
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