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The Total Cost of Obtaining a Patent: Start to Finish
The price of a patent application from start to finish ranges from a few hundred dollars to 100,000 dollars. It depends on various factors like the country where to file a patent, the type of patent- utility patent or design patent, the complexity of the patent, and whether the patent was filed by a self-inventor or with the assistance of a patent attorney. So, we can say that there is not one fixed cost for all patents. It depends on the types, degrees of difficulty, areas covered, amount of information, etc. The choice between a design patent and a utility patent is possibly the most crucial one in terms of cost. A utility patent will be much more expensive to obtain than a design patent.
The patent search can be approached in a variety of ways. Either we undertake the patent search ourselves, or we engage a patent attorney to do it for us. Hiring a patent attorney to conduct the search will probably result in more thorough results. Let us take a patent filing case in the US. The table below gives a comparison of fees by USPTO and any average Patent Attorney Fees. It is clearly understood that the average fee taken by any patent attorney is much higher than the USPTO fee (fees given by an inventor or owner of the invention directly to the USPTO). But patent attorneys have more experience, knowledge, and expertise to determine the patentability of the invention.
Table of Contents
Name of Stages
Average Fees taken by Patent Attorney
Professional patent search before filing
Drafting and Filing in the field of electronics, electrical, or computer
Drafting and Filing in the field of chemistry or biotechnology
Drafting and Filing in the field of mechanical
Any Amendment or Argument fees after rejection
Examiner interview fees
Any other fees (assignments, information disclosure statements, declarations, power of attorney, etc.)
Issue fee payment
Different Patent Application Types and their Cost– Provisional Patent Application and Non-Provisional Application
- Cost for Provisional Patent Application– A provisional patent application is seen as a less expensive, more immediate method of obtaining patent protection. One year after submission, a provisional patent application expires. The applicant is given a year to gather the information required to submit a non-provisional patent application. Attorney expenses for submitting a provisional patent application are typically in the range of $2,000. These fees will be used for the application’s preparation and drafting, interaction with the US Patent and Trademark Office, and filing. However, USPTO costs only $64 for micro-entities, $130 for small entities, and $260 for large entities. Additionally, the USPTO imposes an extra fee of $100 to $400 for every additional 50 pages in applications exceeding 100 pages.
- Cost For Non-Provisional Application – Some innovators forego the provisional patent application and submit the non-provisional patent application to benefit from complete patent protection. If we do this, we will save money by avoiding the provisional patent application. A non-provisional patent application should cost between $6,000 and $12,000. Prices do vary depending on the law firm chosen.
Different Patent Application Types and their Cost– Utility Patents, Design Patents, and Plant Patents
- Cost for Utility patent- Utility patent fees reflect the protection that a utility patent application offers for new concepts, procedures, or techniques. Utility patents are included in a non-provisional submission. Depending on the business, utility patent costs can vary, but they often range from $8,000 to $15,000.
- Cost for Design Patents- The price of a design patent includes government filing fees, drafting, and filing fees, and attorneys’ fees. For large companies, filing costs are $760; for small entities, $380; and for micro-entities, $190. However, if a design patent is filled by a patent attorney firm, it will cost an additional $2000- 2500.
- Cost for Plant Patents- The USPTO, for plant patents, only charges between $360 and $720, with examination fees of $170. However, a total of $5000-8000 is charged by law firms to file a plant patent. These expenses include filing fees with the USPTO as well as legal fees for drafting and filing the patent.
Other Patent Application Types and their Cost- Divisional Patent, Continuation Patent
- Cost for Divisional Patents– As a response to a restriction requirement by a USPTO patent examiner, a divisional patent application is one that is separated from a parent application. Suppose any original patent application has 20 claims, the examiner may say that claims 1-11 are one invention, and claims 12-20 are a second invention. The inventor must therefore choose which claims to pursue under the parent/primary patent application. The inventor has the choice to file a divisional application on either the innovation described in claims 12 through 15 or claims 16 through 20 after deciding to move forward with claims 1 through 11.
- Cost for Continuation Patents- Using the same specification and drawings that were previously submitted in the active parent application, a continuation patent application enables a patent applicant to pursue patent claims. The parent application’s written description and patent illustrations must be included in this new application, which has new claims and associated expenses.
Maintenance fees for Patents
- During three post-grant intervals, that are after 3.5 years, 7.5 years, and 11 years, payments of $980, $2480, and $4110 are required to be made as maintenance fees to prevent a patent from expiring.
Patent Cost in India
- It costs between INR 20000 and INR 30000 to conduct a patent search in India, and it costs between INR 25000 and INR 75000 to draft a patent application. The professional charge for submitting a patent application form is between INR 5000 and 12,000, and the examination fee is between INR 1600 and 8000. The table below shows the complete cost of patent filling and other processes.
Name of stages
Government fees for (a natural person, a start-up, a small business, or a school) (In Rupees)
Professional fees (In Rupees)
Any Patentability Search
Patent Application Drafting
Patent Application Filling
Patent Application Publication
Early publication (Optional step)
Creating and submitting a response to the First Examination Report (FER)
Patent approval or rejection
We have provided a list of prices for submitting, obtaining, and maintaining patents in some jurisdictions like the US and India. Each country has its own set of requirements that must be satisfied before a patent is awarded, as well as its own set of costs and fees. If our innovation has marketability and the potential to generate revenue through patent licensing or sales, then investing in a strong patent application that offers the widest possible protection is the wisest course of action. In conclusion, filing a patent by ourselves is very cost-effective, but there is a chance of missing the right time to reply to the patent office, writing inadequate responses, or drafting a patent ineffectively. We can say that the possibility of rejection is more in case we file a patent by ourselves. So, it’s good to do it with the help of professionals.
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