How much does it cost to get a patent?
The cost to get a patent really varies. Let’s get into why.
As a preliminary note, this post is focused on utility patents, not on provisional patent applications or design patents. The cost to get a patent as described in this post are ballpark figures only. This should help you when you’re creating rough budgets or trying to get a feel for what patents should cost. Some firms are less expensive, some are more expensive. In general, the quality of the work and your overall satisfaction with it may be influenced by many factors, including your counsel’s background in the field of technology of your invention.
Phase 1: drafting and filing – $7,500 – $15,000
The cost to get a patent on file depends on a number of factors, including the complexity of the subject matter, the level of development, and the prevailing market rates in the legal industry.
Let’s look at two examples on different ends of the spectrum.
If you have a relatively simple mechanical invention that you have fully developed, you’re in good shape to prepare and file a patent application. Generally speaking, if you have CAD drawings and a prototype available, you are making your attorney’s life much, much easier by reducing the amount of time that must be spent preparing figures. You should anticipate at least $7500–$10,000 to get your application drafted and filed. (There may be counsel out there who can get something on file more cheaply than that, and pro bono programs also exist that can help draft and prepare patent filings if they choose to represent you.)
But take a software patent. Software patent applications are generally more expensive because they feature complex subject matter, and the “abstract idea” doctrine under 35 U.S.C. § 101 has often posed a barrier to patent protection of software inventions before the USPTO. Software patents may fall closer to the $10,000 to $15,000 range.
One thing you can do to minimize costs is to go to your patent attorney fully prepared. The more time you spend developing your invention (creating prototypes, creating 3D solid models, etc.) the easier it will be for your attorney to prepare your patent application.
Step 2: office action responses — $2,000–$3,500 per response
After you’ve filed your patent application, you’re not done. When the USPTO receives your application, it will assign an examiner and that examiner will determine whether you can have a patent with the claims as drafted. If the answer is “no”—and it very often is on a first review—the examiner will issue an office action.
So you get an office action. Depending on the substance of the office action, you will generally need to spend another $2,000 – $3,500 to respond. Some office actions may be cheaper to respond to, but this is a ballpark range. It often takes over a year to get the first office action, and anticipated response times may vary depending on your invention. Once you submit a response, this cycle restarts and the examiner can send another office action.
The number of office actions received before reaching a notice of allowance impacts the cost to get a patent.
Total: $10,000 – $30,000 over a few years
Again, this is a ball park range for the cost to get a patent. The low range is for a simple invention that sails through the USPTO, and you really shouldn’t expect your application to be the unicorn that flies through.
If you’re ready to move toward protecting an invention, talk to a patent attorney.