by Michael J Foycik Jr.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
How much does a patent cost?
We try to keep your costs as low as possible, and as affordable as possible. We provide flat fee estimates in advance, at no charge to you.
In the simplest cases, where the invention is easy to describe or show in a few figures of drawing, patent application can be prepared for as little as $1800, with a government filing fee of $540 for a small entity (this cost is slightly less for electronic filing).
The formal drawings, if needed, can usually be obtained for less than $150 per sheet. One sheet might have several figures on it, depending on the complexity of the invention, thus saving money.
If the patent application is granted, the government charges an issue fee of $755 and publication fee of $300. A service charge of $80 is added for attending to preparing and filing the Issue Fee Transmittal.
The U.S. Patent Office examines the patent application and finds any relevant prior art. If the prior art is sufficiently close, they will make a rejection. A response can be filed, usually at a cover of $350 to $450. Every case is different; some are allowed without needing such an amendment or response. In some cases, a further response is necessary or desirable, and the cost is normally somewhat less than $350.
This type of rejection is fairly normal. To attempt to overcome such a rejection, the response can be filed which changes the claims to avoid the prior art, and/or presents arguments to distinguish the invention in the patent application from the prior art.
Sometimes such a rejection can be overcome by a telephone call to the patent examiner; in those cases the cost is at the hourly rate of $100. Such calls are usually short and to the point, especially if the call is to authorize an examiner's amendment which will result in allowance of the application.
Also, it is possible to conduct an Examiner Interview, either by telephone or in person. This is an option that is not frequently used, but is mentioned as being an option available to the inventor. The cost varies based on the time involved at the hourly rate.
The preparation costs can be higher for an invention of medium complexity, having 5 to 12 figures of drawings on 3 to 6 sheets of drawings, will usually cost less than $3,200. Flat estimates are given in advance, so the costs are fixed. Costs for a more complex invention can vary, but are almost never above $5,200.
Again, we try to keep your costs as low as possible, and affordable. We provide flat fee estimates in advance. And, there is no charge for the estimates.
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com
, or call at 877-654-3336.