The cost of a patent varies from one invention to another. The more complex a design, the more it will cost an inventor to obtain protection for it. The registration process requires an inventor to prepare an application that describes how the invention works and how to use it. As such, more complex designs need more of an attorney’s time to craft an application that thoroughly explains the invention. Protecting a straightforward invention could cost an applicant $5,000 to $7,000, while more complex designs can exceed $15,000.
The average cost to safeguard a regular invention is $8,500. The simpler your creation, the less you will have to pay. A majority of the cost of obtaining legal rights over an invention goes to the attorney preparing your application. The less time an attorney needs to spend working on your submission, the lower the fees. Now, let’s discuss some of the other costs associated with legally securing an idea or invention.
How Much Does It Cost to File an Application?
If you choose to file a patent application on your own, you should expect to pay the following fees at the time you file your utility patent application:
- Filing fee – $75
- Utility search fee – $330
- Utility examination fee – $380
- Technical drawings fees – $350
- Total: $1,135
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That said, these are only the filing fees for the invention; if the intellectual property office grants your application, you will also need to pay an issuance fee that is currently set at $400. Additionally, after approval, there are maintenance fees that must be paid at 3.5, 6.5, and 11.5 years to keep the protection active. If you miss any of the maintenance fees, your rights over the invention will expire prematurely.
The expenses listed do not include attorney fees. You should only attempt to secure legal protection for your invention on your own if you have experience preparing applications and handling the process with the intellectual property office. The USPTO allows inventors to manage their own filings; however, they highly recommend that creators hire an attorney to assist them, especially if they lack experience. Attorneys typically charge applicants $8,500 to secure exclusive rights for relatively straightforward inventions.
Just remember that an attorney may charge you more or less depending on the complexity of your invention. Also, attorneys in different States charge different fees.
If you don’t have the money to hire an attorney, you should consider hiring an intellectual property agent. These agents can assist inventors in preparing their applications and dealing with the intellectual property office. They are licensed to do so by the USPTO. The advantage of hiring an agent is that they charge much less than attorneys while performing similar work.
Provisional Patent Cost
Many inventors choose to file a provisional application prior to filing a regular nonprovisional application because provisional applications are cheaper and require less formal preparation.
A provisional application costs $140 to file, and attorneys typically charge $2,000 to prepare one. So, you’re looking at approximately $2,140 to have an attorney draft and submit your provisional application.
Inventors prefer provisional applications because they reserve a filing date for an invention. Booking an early filing date is essential. The United States has a first-to-file rule that awards protection to the first inventor who submits an application.
Quickly filing a provisional application is essential to avoid another inventor securing legal rights before you do.
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Utility Application Cost
A utility application protects how an invention functions. That is, it secures the functional aspects of a design or device. In the United States, obtaining this protection for an invention typically costs $5,000 on the low end, and the cost can exceed $15,000 depending on the complexity of the creation. On average, obtaining legal protection costs around $8,500 for an invention with medium complexity, such as a flashlight or a simple electronic gadget. More complex devices, such as smartphones, computer software, and medical devices, can easily exceed $15,000.
Design Protection Cost
Design protection differs from utility protection. Design rights are the second most popular type of application after utility applications. Design applications protect the aesthetics of an invention or how the device looks. These applications require much less preparation than utility filings, and this is reflected in the cost. Typically, attorneys charge $2,500 to $3,500 to prepare and file a design application.
In addition to attorney fees, an individual must pay the following patenting fees:
- •Filing fee – $100
- Search fee – $80
- Examination fee – $300
- Total USPTO fees – $480
That said, if the USPTO grants your design patent application, you will need to pay a design patent issuance fee of $350. The total amount to patent a design ranges from $3,330 to $4,330.
Plant Patent Cost
Plant applications are the least common in the United States, making up less than 1% of all filings. They protect new plant species. To qualify, an individual must have asexually reproduced a new plant species. Plant applications typically cost between $4,000 and $8,000, including government and attorney fees.
Pros & Cons of Patents
The main reason inventors secure legal protection is to gain control over who can use, make, sell, and import the protected invention to the United States. Once an individual obtains rights over their creation, no one can use it without permission. This allows inventors to choose whom to allow to use their design or device. Many inventors sell or license their rights in exchange for an agreed-upon fee.
Creators also secure protection to prevent others from copying their products. Since no one can reproduce a protected product without permission, the creator can become the only supplier, providing a competitive advantage.
If anyone copies or sells a protected invention, the rights holder can legally demand they stop. If they refuse, the rights holder can file a lawsuit for infringement in Federal District Court.
The biggest drawback of obtaining exclusive rights is the cost. First, you need a significant amount to prepare and file your application, then you need to pay an issuance fee and periodic maintenance fees. If you’re considering securing rights over your invention, ensure it’s something you can profit from. If there’s no financial gain, it may not be worth the investment.
Another downside is the time it takes to obtain legal protection. In the U.S., it takes approximately two years from the date of filing a nonprovisional utility application. For some inventors, this is simply too long to wait. So, the duration is a disadvantage that should be considered.
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Frequently Asked Questions
1) What is a poor man’s patent?
A “poor man’s” claim refers to mailing a description of an invention to oneself to establish a date of creation. However, this method is ineffective and does not offer any legal protection.
2) What is the cheapest way to get a patent?
The cheapest way is to prepare your application on your own and file it with the USPTO. However, this is not recommended because U.S. intellectual property law is complex, and mistakes could end up costing more time and money to fix later. If you lack funds for an attorney, consider hiring an intellectual property agent, as they usually charge less for the same type of services.
3) What is the average cost to secure exclusive rights over an invention?
The average cost is $8,500. but cost may be significantly more depending on how complex your invention is and how much time your attorney needs to prepare your patent application. Other issues may arise during the patenting process, and they could add to the cost of patenting your invention.
4) What rights does an intellectual property owner have?
The owner has the exclusive authority to control the use, production, sale, and import of their protected invention in the United States. No one can use or distribute the invention without explicit permission from the owner.
5) Should you hire an attorney to patent your invention?
Yes, if you have an invention that’s worth patenting and you have the finances to patent your invention, you should hire an attorney to assist you. Patent attorneys are not cheap, so make sure you have a design/device that you can make money from before investing in hiring an attorney.
