The amount it costs to obtain a patent varies depending on the kind of patent -utility, design, or plant- the complexity of the invention, and the size of the entity applying. Due to these various factors, placing an exact cost on patents can be difficult.
Typically, however, you can expect to spend anything between $15,000 and $20,000 to get a single patent, regardless of the type. If you are an inventor or business in need of a patent in New York, it is advisable to get a patent lawyer in New York City.
The following are some of the costs involved in acquiring a patent:
Patent Application Filing Fees
Every patent applicant is required to pay filing fees when submitting an application to the United States Patent and Trademark Office (USPTO). As of December 29, 2022, the patent application filing fees for non-provisional applications are as follows:
- Utility patent: $320 standard fee
- Design patent: $220 standard fee
- Plant patent: $220 standard fee
Utility patents have the highest number of patents and grants, according to the USPTO All Technologies (Utility Patent) report.
Patent Search Fees
Before filing an application, you must carry out a patent search to determine whether your invention is novel and non-obvious. While you can do this on your own, it’s always advisable to hire a patent attorney to guarantee more comprehensive results. These services come with associated costs, which can range as high as a few thousand dollars.
However, investing in a thorough search and legal expertise early on can potentially save you from costly legal battles and protect your intellectual property in the long run. Patent attorneys can offer valuable insights into the patentability of your invention, potentially helping you refine your idea to strengthen its chances of approval.
Attorney Fees
Drafting a standard and acceptable patent application, complete with a detailed specification, drawings, and claims, is not a walk in the park. This process can be very complex and typically requires the assistance of an experienced patent attorney. Depending on the complexity of the invention and the services provided, attorney fees range anywhere between $10,000 to $20,000.
Patent Examination Fees
Once an application for a patent is filed, it undergoes examination by a patent examiner to determine its patentability. During examination, the patent examiner conducts a thorough review of the application to ensure compliance with patent laws and regulations. This includes assessing the novelty and non-obviousness of the invention in question.
The USPTO charges the following fees for this process:
- Utility examination fee: $800 standard fee
- Design examination fee: $640 standard fee
- Plant examination fee: $660 standard fee
The examiner may issue office actions requesting clarifications or amendments to the application before a final decision is made on whether to grant the patent.
Related Questions
What Is the Typical Cost Range for Obtaining a Patent?
The typical cost for obtaining a patent can range between $10,000 and 20,000. The exact cost varies depending on factors such as the type and complexity of the invention, the type of patent application filed, and whether or not the services of a patent attorney or agent are used.
Do I Need to Hire a Patent Attorney to File a Patent Application?
No, you do not need to hire a patent attorney to file a patent application. However, it is highly advisable to do this due to the complexity of the application process. An experienced and qualified attorney will make sure that your application meets all legal requirements, which increases your likelihood of obtaining a patent.
How Often Do I Need to Pay Patent Maintenance Fees?
In the United States, patent maintenance fees are required within the following window periods: 3 years to 3 ½ years, 7 years to 7 ½ years, and 11 years to 11 ½ years after the date of issuing the patent. Failure to pay the maintenance fees will result in patent expiration.
Conclusion
The expenses associated with acquiring a patent can quickly add up to tens of thousands of dollars. Thus, it is important for you, as an inventor, to understand these costs upfront to make effective plans regarding your patenting strategy.