Patent Application Cost (Bitlaw Guidance) (2024)

What Makes Patents so Expensive?

To obtain a patent on your invention, you must file a patent application.A patent application is a complex legal document that requires a great deal of attorney time to prepare. The application must fully disclose the invention,include figures that illustrate your invention, and must particularly describeyour invention so that others may build or implement your invention without undueexperimentation. In addition, your patent application must contain “claims” thatdefine the scope of your invention. In order to draft the application, yourpatent attorney must fully understand your invention, what others have done inthe same area, and how your invention improves on these prior approaches. This isusually accomplished through a patentability search--see Bitlaw's Guidance on "When should you conduct a patent search?"for more information. In addition, Bitlaw provides a legal description on the content ofPatent Applications.

Cost of a Utility Patent

Cost for the Utility Patent Application

As a result of this complexity, most patent applications cost between $8,000 and $15,000to draft. Applications for simple mechanical inventions are usually between $8,000 and$10,000, while medical device and software inventions generally cost between $12,000 and$14,000. Particularly complex applications can cost $20,000 or more. To file a patentapplication, you will also need to pay the government filing fee. For small entities(individuals and companies having fewer than five hundred employees--See MPEP 509.02 for a definitivedefinition of a "small entity"), the filing costs are currently around $800.

Provisional Applications: If you choose to file a provisional patent application(see Bitlaw's Guidance on Should you file a provisional patent application?) before filing the non-provisional,the total cost for the patent application might not decrease, and in fact could become greater. A provisionalapplication that was completely drafted and filed by the inventors will usually addabout $200 to the cost of the entire process. If you hire a patent attorney to spend some time reviewing orediting your patent application, you should expect to spend $2,000 to $3,000 for theediting time. While you will likely recoup much of this expense when the non-provisionalapplication is drafted, it is unlikely that the total cost will be recovered.

Costs after Filing Your Patent Application

Even after filing your patent application, there will be more expenses ahead. Theseexpenses are incurred only after the patent has been reviewed by the U.S. Patent Office, whichgenerally occurs about eighteen months after the patent application is filed. The vastmajority of patent applications receive a rejection from the Patent Office when they arefirst reviewed. The cost to respond to these rejections can vary depending on thecirc*mstances, but in most cases, the cost to respond to a rejection will be between $3,500and $4,500. The typically patent application will receive between one and three rejections beforethe Patent Office allows the application. Once allowed, you will be required to pay anissue fee of about $800 (for small entities). Adding it all up, the costs to draft the application and get the application allowed at the patent office can range fromabout $10,000 to $25,000 or more, but you should budget between $15,000 and $20,000 beforea patent issues on your invention. Also, please remember that there is no guarantee thatyour patent will ever issue. If the Patent Office is not convinced that your invention isnew and non-obvious, then the patent will not issue even though you have incurred theseexpenses.

Costs after Your Patent Issues

After the patent issues, you have the right to prevent others from making,using, selling, and importing your invention. The patent will expire approximately twenty years after you filed your patent application. However, if you want to keep yourpatent enforceable during this entire period, you will need to pay maintenance fees. Threemaintenance fees are due during the life of a patent, and currently $6,300 for a small entity(small entities are individuals and companies that fewer than five hundred employees--See MPEP 509.02 for a definitivedefinition of a "small entity").

Cost of a Design Patent Application

Design patent applications are generally much cheaper than utility patents. Bitlawprovides a legal discussion of design patents if youdesire more information. In general, the total cost for drafting and filing a design patent application is about $2,000. This amount should include the fees for creating design patent drawings andfor paying the government filing fees. While it may be necessary to respondto a rejection in a design patent application, the issues involved are usually mucheasier to resolve and are therefore less expensive to handle. You also will not have to payany maintenance fees with a design patent.

It Generally Does Not Cost More to Use Forsgren Fisher McCalmont DeMarea Tysver

It generally costs no more to use our firm to file and prosecute your patent application thanit would with any other firm. The estimates we provide above are within the average cost rangefor most patent attorneys (according to the biannual Economic Survey performed by the American Intellectual Property Law Association, or"AIPLA").

In fact, Forsgren Fisher McCalmont DeMarea Tysver generally provides you with more comfort about the cost of a patentapplication than many other firms. Before we begin drafting your patent application, we willusually provide an estimate of the cost to draft your application. We will not exceed theseestimates unless we encounter an unusual situation, such as a request from the inventor tochange the scope or direction of the application during the drafting process. We believe thatmost firms do not reduce their billings on patent applications to match previously providedestimates.

But Can't I get a Patent Cheaper at the XYZ website?

We do not strive to be the cheapest patent attorneys, and it is always possible that anotherfirm can provide a similar service at a lesser price. However, we encourage you to be carefulof prices that seem too good to be true. If 90 percent of patent attorneys will charge youbetween $8,000 and $10,000 for a patent application, be careful of anyone willing to draft anapplication for less than half that amount. A competent, beginning patent attorney may bewilling to draft a very good patent application for a good price, but in many cases, a very lowfee indicates that you may not be getting what you expect. In particular, we encourage you toavoid any service that offers to help draft your patent application without the assistanceof a U.S. patent attorney or patent agent. Aside from the questionable legality of these services,U.S. patent law is an extremely complex and nuanced area of the law. We encourage you not to risk your invention to someone that is not qualified to practice before the U.S. patent office.

Furthermore, we are very confident in our ability to provide the strategic advice you need tosuccessfully navigate the patent system. We strive to understand your inventions as well asyour current business needs. When combined with our experience with the patent system, we areconfident that you will not find better service at other law firms, regardless of the price.