If you have recently created a new invention, technique, or idea you might be wondering how much it costs to patent an idea. Getting a patent is a very important process because you want to make sure that you have the rights to profit off of your intellectual property. But, the one thing holding you back might be that you don’t know how much it costs to patent your idea.
Unfortunately, there is no one set price for a patent. There are several factors that can affect the cost of a patent. A patent can cost thousands of dollars, particularly when you include patent lawyer fees, but there are ways to save money. It is important to know how those factors can impact the cost so you can file your patent as soon as possible. After all, you do not want someone to steal your idea because you waited too long to file for patent protection.
In this article, we will discuss some of the factors that will impact how much it costs to patent your idea to give you a better idea of what you can expect.
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Attorney Fees
So how much does a patent search cost? One factor that can significantly increase how much it costs to patent an invention is the cost of search fees and attorney fees. Unfortunately, to file a patent you must first hire an attorney. However, in hiring an attorney, you do get an educated perspective into the chances of having your patent approved.
There might be some subtle changes that have to be made first due to existing patents before you can submit it for approval, or responses to be made to an Office Action. Or, maybe you have yet to draft up your patent yet. Either way, an attorney is a great resource for advice on how to adjust your patent so that it will not be deemed prior art and it gets approved.
You might want to consider doing as much work on your patent that you can outside of the attorney’s hours since hiring a patent attorney can be costly. Hiring a patent attorney can cost anywhere from $250 to $500 dollars per hour. This is why often clients will only ask the attorneys to search if it is possible to patent the idea and see if the attorney has any advice. However, you might be able to find a law firm that will do it for a flat fee.
Office Fees
In addition to patent attorney fees, there are also several office fees to consider when adding up the cost of the patent application process. There are several different filing fees you might come across when filing a patent. There is a basic application fee, fees for the USPTO, and time extension request fees. Each of these fees can cost varying amounts.
The basic application fee costs $130. Additionally, there is a charge for each page of your patent. In general, each page can cost anywhere from $100 to $125. The United States Patent and Trademark Office (USPTO) fee can range anywhere from $200 to $400. The time extension fee will vary based on how long the time extension is. A one-month extension costs $200 for a large patent and $100 for a small patent.
A two-month extension fee costs $600 for a large and $300 for a small patent. A three-month extension costs $1,400 for a large patent and $700 for a small patent. This is why it is important to have a timeline for your patent set beforehand so you can decrease this fee affecting how much it costs to get a patent.
Provisional Patent Cost
The type of patent you are trying to get also impacts how much it will cost to get a patent. Provisional patents cost a different amount compared to a non-provisional patent. Typically, you fill a provisional patent if you are looking to get a utility patent.
The provisional patent application can cost anywhere from $3,000 to $10,000 depending on the size of the patent. Many times, the cost of your provisional patent will be included in your attorney fees. This is because it is classified as a searching cost, which includes some of the work your attorney will do in order to fill your patent.
It is still important to know how much the provisional patent itself costs. You do not want to receive a large bill from your attorney and not understand where a lot of the charges came from. Additionally, not all attorneys will factor in the provisional patent cost.
Non-Provisional Patent Cost
A non-provisional patent or utility patent is usually sought out by a business when they are looking to protect the process of creating a product or the machines they use to create a product. When you are researching how much it costs to patent an idea, you should consider the type of patent you are looking to obtain.
A utility patent will typically cost more than a provisional one. Additionally, it is important to note that you cannot get a utility patent without first filing a provisional patent. It is crucial that you make sure you want a utility patent before going filling it because the cost of a utility patent can be expensive.
Luckily, after you receive your provisional patent, you have a year to decide if you also want to file for a utility patent. Utility patent fees can cost anywhere from $5,000 to $15,000 depending on the size of the patent you are filling. So make sure that is really the type you want before filing.
Design Patent Cost
The next type of patent is a design patent. A design patent is typically used to protect the design or the appearance of an item. Typically companies that produce fashion items or other products that rely on their appearance are the ones that get a design patent. Additionally, the shape of the product can be protected under a design patent. Many companies patenting medical devices will also get a design patent since the shape of the device is an important aspect.
When you are calculating the cost of patents, it is important to note that a design patent can cost you anywhere from $2,000 to $3,500. Your invention could be eligible for both a design and a utility patent depending on the invention. If you are unsure if you should get a design patent, you should talk to your lawyer. They will have a lot more insight into the specifics of whether your invention qualifies for a design patent.
Plant Patent Cost
Odds are that you are probably not going to be filling for a plant patent since it is the least frequent type of patent filled. However, it is still important to mention when discussing how much it costs to patent an idea just in case it applies to you. A plant patent is exactly what it sounds like.
It is a patent that companies get when a new plant is invented. It is important to note that the patent will include the plant itself and it will not cover any bacteria. Additionally, only certain types of plants will be included in this patent so be sure to discuss with your lawyer to see if your plant is eligible.
A plant patent can cost you anywhere from $300 to $700 depending on the size of the patent. Unless you work with plants and make a discovery or breed a new type of plant, this is one cost you will not incur.
International Patent Cost
Whether you are a small business or a large entity, if you intend to sell your products to an international market, you will likely need to get an international patent. This is by far the most expensive patent to fill. This is why it is so important that international patents are not overlooked when researching how much it costs to patent an invention.
Part of the reason international patents are so expensive is because international patents are filed through the Patent Cooperation Treaty or PCT. International patents are so expensive that they can cost up to $100,000 simply to file the patent.
Many companies will not start off by filing an international patent. Typically, companies will focus on getting the patents they need to secure their invention nationally first. Then, once they have made some money on their invention, they start saving to fill an international patent. Scaling your business before you fill for an international patent is a great strategy to reduce the risk of your investment.
Hopefully, now you have a better understanding of what impacts how much it costs to patent an idea. Filing for a patent is a long and costly process, so it is important you know what you are getting into before you file.
Notice: Please note this article does not constitute legal advice.
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