Typical expenses for filing a non-provisional utility patent include:
- Fees for a patent search
- Attorney fees for preparing the application
- Drawing fees
- USPTO filing fees
Patent Search Cost
Patent search can range from do-it-yourself to thousands of dollars. Search options will also vary based on the preferences and typical practices of the attorney that you work with.
Attorney’s Fees
Attorney’s fees represent the bulk of the cost of filing a patent application.
Drawing Fees
Most patent applications need drawings and most patent attorneys use third party firms to prepare drawings.
USPTO Filing Fees
USPTO filing fees vary widely based on income and other factors.
A Survey of Comments on Patent Application Cost:
- “To briefly answer the question, How much does a patent cost, it can range from $800 to over $100,000.” uslawpros.com (See note below)
- “A patent attorney will usually charge between $8,000 and $10,000 for a patent application, but the cost can be higher.” bitlaw.com
- “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.” upcounsel.com (See note below)
- Important Note: Many of the widely used references mentioned above seem to mistakenly conflate the cost of filing an initial patent application with the cost of pursuing a patent application all the way to a granted a patent. Further reading in the articles is helpful. Namely $900 could get you a utility patent grant as do-it-yourselfer. … BUT: … The $900 path likely assumes 99th percentile skills for a non-patent attorney, tremendous luck, and hundreds of hours of research and work trying to communicate and argue in what some regard as akin to a foreign language.
Non-Provisional Application Cost Breakdown
- Attorney’s fees: Attorneys fees almost always represent the bulk of the cost of preparing a non-provisional patent application. Case complexity, law firm size, and location can impact the cost. The above chart may serve as coarse guide, but it cannot replace talking with a few patent attorneys.
- USPTO fees vary primarily by entity status and change both periodically and based on the content and manner of execution of the filing. (The rough fee numbers above are based on micro-entity status, the most economical filing status.)
- Drawings: Typical charges for a third-party draftsman are included. In many cases a third-party draftsman is not required.
- Search: A professional search is not required. The rough number shown represents a professional third party search, attorney time setting up the search and attorney time evaluating the results of the search.
Minimum Possible Cost to Get a Patent:
If you ignore attorneys fees or plan on a do-it-yourself patent application, certain Patent Office fees are unavoidable:
- Gerbenlaw.com has a breakdown of those fees that reasonably captures the scattered fee structure of the Patent Office. The numbers are instructive but may not be current.
- The current version of those same fees can be found at the Patent Office fee page.
Other Costs to Consider:
Prototype Development: Selling an invention is much easier if you have a prototype. Depending on the type of invention, prototype costs could be significant.
Manufacturing costs: Even if your strategy is to license the invention rather than become a manufacturer, showing that a product can be manufactured and sold can lend credibility to the idea that others could do it for profit.
Licensing fees: In some cases your invention may require a license of the prior technology. If that is the case, consider the cost of a license.
Liability insurance: Owning intellectual property tends to be a low liability activity. However, manufacturing and selling can be a high liability activity. Insurance is a common way to mitigate these liability risks.
Business formation: Personal liability can be reduced by formally operating as a business. For example, many patent holders form an LLC in their state to help shield their personal assets from business liabilities. Using an attorney for business formation is common, especially when multiple people plan to be members of the LLC.
Legal opinions: Patent applicant may want a formal opinion about the patentability of their invention prior to investing in an application. These types of opinions may be valuable can and to the expense of seeking patent protection. Legal opinions may also address the risk of infringing other patents.
Operating expense: As the saying goes, it takes money to make money. Operating a business to commercialize an invention will cost money and the cost of those activities should be estimated and accounted for upfront.
Travel cost: It is very common to go to trade shows and make other efforts that involve traveling to promote an invention.
Maintenance Fees: After a patent is granted maintenance fees are required during the life of the patent to keep the patent in force. Fees escalate over time and vary depending on entity status.
