So, you’ve invented something new. Now comes the time to protect your idea with a patent. Getting your product patented can be a significant source of income, but you’ll likely have to invest serious cash in the patenting process. How much does a patent cost? It can cost several thousand dollars, depending on your circumstances and goals. The following breaks down the typical costs at each stage of the patent process and additional fees that can catch you by surprise if you’re not prepared.
The best way to prepare for the patenting process is to speak to a knowledgeable patent attorney. Michael Jones of Jones Intellectual Property has several years of experience creating bespoke patent solutions for new industry players and established businesses.
The U.S. Patent Process: Overview of Costs
There are several moving parts to the patenting process, and many of them come with fees. The following is a breakdown of typical fees you might encounter.
Provisional Patent Application Fees
Being the first in line is essential when applying for a patent, and many patent seekers start with a provisional patent application. A provisional application is optional but allows you to establish an early filing date without the formal requirements of a full (or nonprovisional) application. The provisional application gives you 12 months to develop your invention and prepare a full application.
Only individuals who seek plant and utility patents can file provisional applications, and the fee amount depends on the size of an individual’s business. The following filing fees apply:
- $65 for micro entities,
- $130 for small entities, and
- $325 for larger entities.
In general, the filing fee is based on the size of the entity for each fee in the patent application process.
Nonprovisional Patent Application Fees
A nonprovisional application is the formal application examined by the U.S. Patent and Trademark Office (USPTO). This application is how the real process begins. The basic filing fee for a nonprovisional application is:
- Between $48 and $240 for a plant patent,
- Between $60 and $300 for a design patent, and
- Between $70 and $350 for a utility patent.
You can file your application by mail, in person, or online. However, be aware that utility patent applicants have to pay $200 to $400 more if they don’t file their application online.
Patent Search Fees
A prior art and existing patent search is key to establishing your rights as a patent holder. Generally, you cannot receive a patent if your product is too similar to another product already in the patent system or disclosed to the public. So, you must pay a fee to search for similar products during the application process. Search fees are:
- Between $154 and $770 for utility patents,
- Between $60 and $300 for design patents, and
- Between $97 and $485 for plant patents.
Through their search and review of your application, a patent examiner must see that your product is new and useful or new and original.
Examination Fees
A patent examiner makes the ultimate decision whether to grant or deny a patent. They review your application materials and conduct searches to ensure your product is original and patentable. The fee to examine your patent request is between $140 and $700 for design patents, $145 and $725 for plant patents, and $176 and $880 for utility patents.
Patent Issue and Publication Fees
Getting over the patent application process’s finish line is very exciting and comes with its own costs. If an examiner grants you a patent, you will likely have to pay between $258 and $1,300 to be issued the patent. You may also need to pay between $430 and $8,280 to maintain your patent at the 3.5, 7.5, and 11.5-year marks.
Additional Domestic Patent Fees
Sometimes, extra fees arise during the patent process. Understanding the nature and size of these fees can help you plan or avoid them altogether. You might see the following during the application process:
- Fees for larger applications. If your application is longer than 100 pages, you might have to pay $90 to $450 for every additional 50 pages.
- Fees for extensions of time. If you cannot meet application deadlines and need more time, you might have to pay between $10 and $3,395 for an extension.
- Fees for correcting information in an issued patent. If you need to change inventorship or other information in a patent from the USPTO, you might have to pay an additional $172.
- Fees for reexamination. To have a patent matter reexamined, you could be charged between $40 and $13,545.
Once again, the fee amount often depends on the size of your business and the kind of patent you want.
Attorney and Drafting Fees
Don’t forget the cost of hiring an attorney to put yourself in the best position to file a solid patent application. A good attorney may cost you thousands, but a lawyer’s guidance can be invaluable. Investing in an attorney can make the difference between broad, enforceable rights and costly rejections and revisions. Jones Intellectual Property is a leader in customizing cost-effective patent plans for every client.
If you are keeping a running tally, you can see that a domestic patent can cost between a few thousand dollars and tens of thousands. But what about the cost to file a patent internationally?
What Is the Cost of an International Patent Application?
If you want patent protection outside the U.S., the cost increases, but so does your market reach. The Patent Cooperation Treaty (PCT) allows you to file an international application that can later enter more than 150 countries. Some or all of the following fees may apply:
- Up to $285 for basic filing,
- Up to $2,400 for an international patent search,
- Up to $1,710 for international filing,
- Up to $880 for preliminary examination,
- Up to $350 for your application to enter the national stage, and
- Possibly thousands to maintain your patent.
Like a domestic patent, an international patent may cost tens of thousands to obtain and maintain.
Make Your Patent Application Worth It with the Right Attorney
So, how much does a patent cost? It depends on your circumstances, but it could cost you thousands. Jones Intellectual Property understands that every client has different goals and budgets. Michael Jones can professionally guide you through each step of the patent process, with your long-term success in mind. Contact Jones Intellectual Property today by phone or online to schedule a consultation.
Resources: 37 CFR § 1.492, link
