What is the cost of a patent?

It may seem difficult to calculate the cost of a US patent, but it isn’t. This article breaks down all the costs associated with filing a USPTO patent application.

 

What is a patent and how much does it cost?

In exchange for disclosing an invention to the public, a patent gives the inventor legal protections and rights. The inventor can prevent others from using, making or selling the invention. Only the inventor can receive a patent for something that is new, useful and non-obvious. 1

 

The basic patent fee is based on

 

• Type of application: (provisional or not)
• Type of Patent (Utility, Design, or Plant)
• Size of the entity (large, micro, or small)
• Patents are granted internationally

 

Patents can also cost you:

 

• Search Fees
• Examination fees
• Fees for Patent Agents and Attorneys

Patent costs for different entities
	Large entity	Small entity	Micro entity
Application for provisional approval	$260	$130	$65
Utility Basic Filing Fee	$280	$70	$70
Basic filing fee for design and plant	$180	$90	$45
Search Fees	Types range from $120-$600	Types range from $60 to $300	Types range from $30 to $150.
Examination fees	Depending on the type, prices range from $460 to $720	$230 to $360 depending on the type	Types range from $115 to $180

 

The USPTO has updated its fees. 2

 

Types of patent applications

Provisional patent (PPA)

A provisional application for a patent (PPA) works like a patent application that holds the date. The provisional patent application (PPA) secures the “first to file status” for the invention while not requiring the full process of a nonprovisional. PPA paperwork is shorter and the fee is lower than that of a regular patent application. 3

 

The America Invents Act of 2011, as amended in 2013, allows for the person or company that files the first patent to receive it (in most cases). Provisional patents were created to encourage inventors to file quickly. The provisional filing is not the final filing. A non-provisional application must be submitted within one year, or else the inventor must start all over. 3

 

Utility Patent (General non-Provisional).

You can skip the provisional and move straight to the non-provisional, or utility patent. Utility patents are granted to inventors and discoverers of “any new and valuable process, machine or article of manufacture or composition of material, or any new, useful improvement thereof.” A utility patent will be examined by a Patent Examiner and can be granted as a valid patent if it meets all of the patentability requirements.

 

Design patent

A design application costs less than a utility patent. A design patent is for “a novel, original and ornamental design of an article manufactured.” It can be about the appearance, such as a new shoe or dress design.

 

Plant patent

This type of patent covers the discovery or invention of a “distinct” and “new” plant variety that is cultivated (like hybrids). 6

 

The size of the business or filing entity

On the USPTO website, you can find a list of reduced patent fees for micro-entities and small entities. These fees are based on regular patent fees. The USPTO has a few words to say about these designations.

 

• The application fee is reduced by 50%.
• The fee for “micro-entities”, as defined by USPTO, is applicable to small businesses who qualify and have a gross income below a certain amount. The maximum gross income to qualify for this status will be $206,109 in 2021. Fees are reduced 75%. 8

 

Patent Search Fees

It is impossible to obtain a patent if you don’t do a search of existing patents and applications. This will ensure that your patent application is unique and original enough to be accepted.

 

You have several options when it comes to conducting a search for a patent:

 

• USPTO can do your search for a small fee.
• You can perform a search on terms and other fields.
• You can do your own search. There is a useful tutorial available from the USPTO.
• The USPTO offers a list with all the patent collections in the world. 9

 

International Patents

The U.S. has signed several international treaties to protect the rights of inventors in their own countries as well as abroad. You might start by reading the USPTO article about international patent protection. Get help from a specialist patent attorney or agent.

 

Other Patent Fees

During the patenting process, you may encounter additional fees. Your patent attorney or agent could suggest these. These fees are determined by the size of the filing entity. Other common fees include:

 

• Examen fees for International Applications
• Drawing fees
• Service fees10

 

Patent attorney and Patent agent fees for Patent Applications

Patent attorneys and registered patent agents work on an hourly rate, with a minimal retainer. Patent attorneys can assist you in creating your patent application. However, only a registered agent can actually file it.

 

The fee depends on the complexity of the patent and the level of competition, as well as the experience of the professional. These fees can range anywhere from $300 an hour to more than $1,000 per hour.

 

Keep Your Costs Down with These Tips

You could pay up to $15,000 for a competitive, complex patent that is filed by an experienced patent attorney.

 

Do as much of the pre-application work as you can to keep costs down.

 

• Make sure that your product meets all the necessary requirements to be patentable.
• You can do a preliminary search on your own, and then hire a patent attorney or agent to conduct a thorough search.
• Search for current patents online.
• You can save a lot of time by filling out the information on the patent application.
• Interview potential attorneys and patent agents and check their fees and expertise.

 

The lower the cost of your patent application, the more you will save. The better your chances of having your patent application approved, the lower you will have to pay.