How Much Does A Patent Cost?

How to Save Money Navigating the Patent Price Range

Whether you’re creating a new software program or a physical product, understanding how the patent process works and the costs associated with it is the best way to choose which option is right for you. The factors listed below directly affect the patent price range, or patent cost. The more detailed information that you can provide for any of these steps would reduce the time needed to prepare your application which should directly affect your cost (as long as you’re being billed hourly).

• Type of patent application and scope. The total cost of a patent is affected by the type of patent filed and its scope. A provisional patent application may cost less than a nonprovisional patent, but only initially as much more research and preparation are required before the latter must be filed. Also, if your invention would benefit from international protection, you may need to file an international patent application, otherwise known as a Patent Cooperative Treaty (PCT) patent application, versus U.S. only. Filing a PCT patent application involves more in-depth research, substantial government filing fees and more attorney costs which will ultimately be thousands of more dollars for your patent protection.
• Patent search with opinion. Performing a patent search on your own is always a good first step, but obtaining a patent search with opinion of patentability by a licensed practitioner acts as insurance for you as you decide whether to pursue patent protection. In fact, the USPTO (in this less than easy to understand flowchart) recommends starting with a Patent Search before moving forward with the patent process.
• Government Fees and Entity Status. The majority of individual inventors are considered a micro entity when applying for patents which saves them 75% on government fees vs large entities that are mainly for-profit brands or those with multiple patents. To qualify for micro-entity status, an inventor, among other things, needs to earn less than 3X the median household income which is roughly $155,000 as of the time of this writing. Inventors earning more than that amount still get a discount of about 50% vs. large entity inventors. To put this in perspective, a micro entity’s filing fee for a non-provisional utility patent is $400, a small entity is $730 and $1600 for large entities. To learn more about micro entity income requirements, check out the USPTO website here. Here is a link to all of the various Government fees by the USPTO that may or may not apply to your situation.
• Complexity of the invention. Varying degrees of complexity exist when evaluating an invention. For example, filing a patent for an extremely simple invention, such as a coat hanger, will be less expensive than performing the same process for a complex diagnostic device or software program. As the complexity of your invention increases, so will the cost to obtain a patent.
• Engineering Specification. Your patent needs to be written with enough detail so that someone skilled in the field of your invention can simply take your patent and go make your invention. Because the patent requires this level of specific information, an engineer will often be needed to draft the specification for the patent to satisfy this requirement. Again, the complexity of the invention really affects how much more or less “engineering” will be needed.
• Patent Drawings. In the United States, patent drawings are required to be filed with your application in order to fully understand the invention. Since design patents protect how a product looks, 6 drawings or more are usually needed in order to see the invention from all sides. Depending again on the size and complexity of the invention, more or less drawings will be needed in order to fully illustrate what the invention looks like and does.
• Attorney involvement. Because attorney fees are generally the bulk of the patent cost, some inventors consider omitting legal help altogether. When compared with the initial costs of DIY patents, traditional patents involving an attorney will involve more expense. However, because intellectual property attorneys have in-depth knowledge of the patent application process and know how to professionally prepare an appropriate application, you can rest easy knowing you’re legally protected. Like everything else in life, you do get what you pay for when it comes to patenting.

Though not the end-all list of all patent costs, the above factors play a large role in determining what you’ll ultimately pay to apply for a patent.

DIY Patents: Are They Right for You?

As mentioned previously, it is possible to search for patents and complete the application yourself. Some inventors feel that they are the best person to explain the technical aspects of an invention anyway, so why pay someone else? Before choosing this option, consider the drawbacks of DIY patents.

• Nailing the claims section. Though most inventors believe the technical aspect of their invention is the most important when filing a patent application, professionals know it’s truly the claims section that carries the bulk of legal weight. Failure to complete this section properly leaves inventors and their creations vulnerable in matters of infringement and validity ultimately costing the inventor everything.
• Mastering legal language. For those without a legal background, legalese seems like an entirely new language. If patent applications aren’t filed with meticulous attention to every word therein, inventors ultimately suffer the consequences when their application is reviewed with a fine-tooth comb.
• Post-filing risks. Completing a patent application is intended to uncover similar patents, pending lawsuits or litigation involving other inventions, and bring other agreements and contracts to light. If information is missing or incomplete once reviewed by a patent officer, your patented invention may not have enough legal weight to prosecute claims against similar products.

Filing a patent application yourself might avoid steep attorney fees in the beginning, but will most likely not offer you any real protection. In the event of litigation, a self-filed patent is at risk of severe scrutiny by any legal entity and may not hold its weight if a similar invention comes along. If the invention is as good as you think it is, you should expect copycats to hit the market soon after launch. For inventors, this could mean loss of equity in their invention and inability to access legal recourse should a competitor enter the market.

Is the Patent Cost Worth It?

This can really only be determined by the inventor. Nobody is going to hold a gun to your head and force you to get a patent on your invention. Some inventors avoid the patent route altogether and just start marketing their invention. The major question you need to ask yourself is, “Would you mind someone else copying and profiting off of your invention idea for free?”

If that answer is yes, try to determine how much money you can generate from the patent and see if it covers your patenting cost.  That would be a good place to start. For some, success isn’t defined by money and getting an issued patent is on their bucket list? Use our patent calculator below to determine what the average cost is for your invention.