Patents legally protect inventions, which stop unauthorized production, use, or sale. The type of patent, government fees, legal costs, and the complexity of the invention are some of the variables that affect the cost of getting a patent.
By getting a patent you earn exclusive rights to your invention which blocks others from using or selling your idea without permission.
Candidates can make better plans and steer clear of unforeseen costs by being aware of these costs.
Types of Patents and Their Associated Costs
The cost of obtaining a patent depends partly on the type of patent being sought.
Utility Patents
A utility patent covers new and useful processes, machines, compositions of matter, or improvements. Utility patents are the most common and often the most expensive.
Design Patents
Design patents protect the ornamental design of a functional item rather than its function. Design patents are generally less costly than utility patents.
Plant Patents
Apply to new and distinct plant varieties that are asexually reproduced. These patents tend to be less common but have specific requirements.
Each patent type has different filing fees and examination processes that impact the total cost.
USPTO Filing Fees
The United States Patent and Trademark Office (USPTO) charges different fees based on the size of the entity applying for a patent:
Large Entities
Businesses with over 500 employees pay standard fees.
Small Entities
Businesses with fewer than 500 employees and independent inventors pay reduced fees, usually 50% less than large entities.
Micro Entities
Inventors meeting specific income and patent-related conditions receive the largest discount, typically 75% off standard fees.
The basic filing fees include:
Provisional Patent Application
$60 to $300, depending on entity size.
Non-Provisional Patent Application – Ranges from $455 to over $1,820, depending on factors such as excess claims or expedited processing requests.
Examination Fees
Typically included in non-provisional applications but may have additional charges if extra claims are made.
Additional fees apply for excess claims, late filings, and prioritized examination requests.
Attorney Fees and Legal Costs
While it is possible to file a patent without legal assistance, many applicants choose to work with a patent attorney or agent to ensure the application is properly prepared.
Attorney fees vary based on the complexity of the invention and the level of assistance needed.
- Simple Inventions: Attorney fees range from $5,000 to $10,000.
- Moderately Complex Inventions: Costs can range from $10,000 to $15,000.
- Highly Complex Inventions: Legal fees may exceed $20,000.
These costs include drafting the application, responding to office actions, and handling amendments or appeals.
Patent Search Costs
A patent search helps determine whether an invention is novel and patentable. While an independent search can be conducted using USPTO databases, professional searches provide more comprehensive results.
Self-Conducted Patent Search
No direct cost but requires time and familiarity with patent databases.
Professional Patent Search
Typically ranges from $300 to $3,000, depending on the depth of the search and the technology involved.
Conducting a thorough search before filing can help avoid unnecessary expenses later in the process.
Maintenance Fees After Patent Approval
Once granted, a utility patent requires periodic maintenance fees to keep it active. Design and plant patents do not have maintenance fees.
For utility patents, maintenance fees are due at the following intervals:
3.5 years: $800 (large entity), $400 (small entity), $200 (micro entity).
7.5 years: $1,800 (large entity), $900 (small entity), $450 (micro entity).
11.5 years: $3,700 (large entity), $1,850 (small entity), $925 (micro entity).
Additional Costs: International Patent Protection
If patent protection is needed outside the US, costs increase significantly. Filing an international patent under the Patent Cooperation Treaty (PCT) can help secure rights in multiple countries.
PCT Application Fee: Around $3,000 to $4,000.
Foreign Patent Filing Fees: Vary by country but can add tens of thousands of dollars.
Translation Costs: Additional expenses for submitting applications in different languages.
International protection is beneficial for inventions with a global market but requires careful budgeting.
Total Estimated Costs for Obtaining a Patent
The total cost of obtaining a patent varies widely based on the type of patent, legal assistance, and additional fees.
Estimated total costs:
Low End (Simple Invention, DIY Approach): $1,500 to $5,000.
Moderate Complexity (Using an Attorney): $10,000 to $20,000.
High End (Complex Invention, Full Legal Assistance): $30,000 or more.
Cost-saving strategies include conducting a thorough preliminary search, understanding USPTO fee structures, and carefully managing office action responses.
Our attorney partners will help you protect your innovation while setting it up for success.
If you have questions about handling patents, reach out to Drishti Law at 773-234-1139 for a free consultation. Our experienced attorneys are here to guide you through the patent registration process, helping to ensure that your brand receives the protection it deserves under state and federal laws.
Sahil Malhotra
Sahil Malhotra is an Intellectual Property Attorney, who founded Drishti (“vision”) law because of his vision in protecting dreams and ideas.
He provided individuals and small businesses with an opportunity to enhance their IP’s value by helping them register trademarks and successfully argue against office actions. In addition to his training and experience, he has been deeply involved in the multifaceted IP portfolio at UIC and continues to be associated with IP organizations and conferences.
To know more about Sahil Malhotra — Click Here
You may follow Sahil Malhotra on Facebook: Sahil Malhotra and on Instagram: @Sahil Malhotra