How Much Does a Patent Cost?

ByDanica Djokic
April 29,2022

Patents are crucial for protecting intellectual property, particularly if you run a small startup. The last thing you want is to invest all your time, energy, and money into a project, only for an unscrupulous rival to snatch your ideas. 

The patenting procedure isn’t free, though. In this post, we’ll take a look at how much a patent actually costs. Then, we’ll analyze some patent cost examples before exploring the difference between trademark and patent costs. 

Cost of a Patent

You can break down the cost of obtaining a patent into three categories: 

  • Government filing fees
  • Attorney fees
  • Drawing fees

Patent applications can range from $400+ if you decide to go down the do-it-yourself route to $10,000+ if you use a lawyer. The actual amount you’ll pay depends on your status. Government filing fees for micro-businesses are $400, while those for small entities are $730 or more. If you also require professional drawings to describe your inventions, they will set you back a further $300 to $500, depending on the complexity. 

Obtaining a patent isn’t a straightforward procedure. While the application process is affordable for the majority of businesses, the official requirements can be high. The law is becoming more stringent, and government agencies, such as the United States Supreme Court, The United States Patent and Trademark Office, and the United States Court of Appeals for the Federal Circuit, are constantly adding more regulations.

To secure a patent, you must demonstrate in writing that your invention is unique and be able to prove this to the USPTO. You need to show that you’ve developed something original that other market participants are not yet using. And you must describe it in such a way that meets the various legal requirements of government agencies. Therefore, while the price of a patent application might seem relatively manageable, the likelihood of success depends entirely on the quality of the communication. 

Certain types of patents may be more complicated than others. If you’ve hired a lawyer to draft your application for you, it may take them time to get up to speed with the technical aspects of your invention. Your patent could seem simple to you, but it might be complicated for a lawyer to grasp if it’s technically intricate. This may then drive up your costs, since you’ll require lengthier consultations with your lawyer. 

Software patenting costs tend to be higher because of the difficulty in understanding the innovation. It may also be hard for the patent office to determine the way in which the invention is unique or original, increasing patenting fees and surcharges further. 

Types of Patents and Their Costs

Because of the varying complexity of patents, they have different costs. However, there are diverse types of patents that you can apply for. 

Non-Provisional Patent Application

Non-provisional patent applications protect your invention for as long as it remains in effect. Prices start from around $400 and include search, review, and examination fees. At the higher end of the price spectrum, a non-provisional application may cost over $15,000 if most tasks are handled by a lawyer. However, you should keep in mind that how much you pay depends primarily on the complexity of the invention. Attorney patent prices are significantly lower for simple inventions compared to complicated or software-based ones.

Provisional Patent Application

Provisional patent applications are popular among organizations that want to begin protecting their intellectual property immediately but don’t have time to file a non-provisional patent application. Allowing time for the non-provisional patent application to go through, provisional patents protect firms for 12 months against IP theft. 

As you might expect, filing for a provisional patent can be significantly cheaper than a non-provisional patent since it is temporary. You can pay as little as $65 in filing fees if you do it yourself, but more realistically, $5,000-$10,000 with the help of a lawyer. 

Design Patent

Design patents protect your product’s unique appearance, for instance, the particular shape of a plastic bottle, earplug, or medical product. And because they only involve the evaluation of shape, prices tend to be much lower. Therefore, you can expect to pay $2,500-$3,000, including a $140 examination fee. 

Design patents are essential in the fashion industry. A designer bag might not represent anything new in the technical sense, but the new design could be critical for the fashion house’s competitive advantage. Most importantly, a design patent can prevent rivals from creating copycat products. 

Plant Patent

Lastly, plant patents prevent anyone else from utilizing a particular plant for commercial gain. These patents mainly affect plant hybridization and genetic modifications, as plants found in their natural state cannot be patented. 

Application costs for plant patents range from $360 to $720, whereas $170 of this cost covers examination fees. Total costs, including legal fees, are $4,600-$7,600. 

What Factors Affect the Cost of Filing a Patent?

So far, we’ve discussed patent costs in terms of averages. However, the amount that you actually pay will be calculated on the basis of various factors to do with the patent itself.

  • Your product is similar to others. If your product is completely original and new, it is usually quite straightforward to determine its patentability. However, if you are adding a product to a saturated market, the patenting price rises. It is more difficult to demonstrate that the invention is unique and, therefore, requires more labor. 
  • You want to protect your product in several countries. Protecting your intellectual property in the US is relatively clear-cut. However, you will need to pay additional fees to patent examiners in other countries if you want to protect it internationally. 
  • You see a big market opportunity. In many cases, the greater the profits that an invention will bring, the more money it’s worth spending patenting an invention. 
  • Your invention involves technology. As you might expect, a complex mechanical patent costs significantly more than a simple one. It takes time for examiners and lawyers to understand how it works and assess it accordingly.
  • You operate a large business. Lastly, the price of a patent will go up if you run a large business. Individuals, micro-entities, and small businesses pay the least. 

Patent Cost Examples

Let’s take a look at some examples of how much you are likely to pay for a patent, from the simplest to the most complex: 

Licensing a patent cost

Invention Type

Example

Patent Attorney Cost

Search Costs

Very Simple

Paper clip, bowl, wallet, packaging, tea cozy

$5,000-$7,000

$1,000-$1,250

Simple

Fanny pack, children’s toy, drinks flask, dog harness

$7,000-$8,500

$1,000-$1,250

Low Complexity

Handheld tools, MP3 player, disposable camera

$8,500-$10,000

$1,250-$1,500

Medium Complexity

Solar panel pack, pop-up tent

$10,000-$12,000

$1,500-$1,750

High Complexity

Prosthetic limbs, telecommunications equipment, medical scanners

$14,000-$16,000

$2,000-$2,500

Software

Machine learning systems, automated control systems, networking software

More than $16,000

$2,500-$3,000

These figures are just an estimate and should be adjusted for each case. However, as you can see, the main cost is definitely legal fees. Other costs only make up around 20%-30% of the total price. 

Here is an example of how your costs might break down for a consumer electronics product, such as a bicycle GPS or Bluetooth headset: 

Patenting a consumer electronics product – example

Service

Price 

Patent search with attorney opinion

$1,750

Provisional patent preparation and filing

$2,500

USPTO provisional filing fee

$130

Non-provisional patent filing

$6,000

USPTO non-provisional filing fee

$800

Professional illustrations

$500

Total

$11,680

As you can see, the costs can add up quickly. Even a relatively simple invention patent can reach five figures or more. However, the cost of a patent is considerably lower than the costs that might ensue in case of not filing. 

How Much Does It Cost To Appeal a Rejected Patent Application?

The USPTO won’t always accept your patent, even with the help of lawyers. However, if they reject it, you can still appeal. 

Filing a written response costs $2,000-$5,000, and if you want to speak to a USPTO representative face to face, you may have to spend thousands more dollars. There is no guarantee that your appeal will be successful, either, so it’s advisable to speak to an attorney before you proceed. 

Patent Maintenance Fees

Non-provisional patents are for life, and you don’t need to pay recurring fees to keep them active. However, the USPTO requires inventors to pay periodic maintenance fees for provisional patents. 

This breaks down as $980 after three and a half years, $2,480 after seven and a half years, and $4,110 after 11 years. Using this method, some inventors may be able to protect their intellectual property for the product’s entire life if obtaining a full non-provisional patent is not possible. 

During this time, you can also make amendments to your invention. These cost $2,200-$3,500 and may help advance your non-provisional application in the sense that the alterations might be sufficient to convince the USPTO that your patent is one of a kind.

Furthermore, inventors of any type of patent (including non-provisional) may also be subject to ongoing costs. These include financial services administration fees, post-issuance fees, and extension-of-time fees, which let patents run for longer. 

Trademark vs. Patent Cost

While trademark filing fees are roughly the same as patent fees – between $225 and $600 – legal costs vary significantly. In general, legal fees will be substantially lower (and sometimes non-existent) when filing for a trademark. It is solely in cases when applicants are challenging the trademark of another brand that they may incur considerable legal fees.

Asking the question “how much does it cost to patent a name?” doesn’t make a lot of sense, as trademarks, which are not inventions, cannot become patents.

Should You Use a Patent Cost Calculator? 

It’s not always clear what the ultimate cost of a patent will be. However, you might be able to get an estimate using a patent cost calculator. It will help evaluate the complexity of the patent and then give you a ballpark figure based on current fees and cost estimates. 

Calculators, though, are not a substitute for a professional opinion. Experienced attorneys should be able to tell you both the likely legal and total cost of an invention after reviewing your ideas. 

Conclusion

So, how much does a patent cost? The price you pay for a patent depends heavily on the type of invention you want to launch on the market and the type of patent you obtain. Other factors that can lead to higher costs include things like the number of similar patents already registered and the size of your business. As a general rule, you should expect to pay a minimum of $5,000 with legal assistance.

FAQ
How much is a typical patent?

A typical patent will cost you $5,000-$10,000 if you hire a lawyer. However, if you do not use legal services, you could pay as little as $400 for a non-provisional patent or $65 for a provisional one. Keep in mind, though, that you might make an error in your application if you choose to do it on your own, which will end up costing you valuable time. 

What is a poor man's patent?

A poor man’s patent entails writing a description of your invention and then mailing it to yourself. Practitioners hope that the postmarked envelope will serve as evidence for the date they created their invention, allowing them to challenge any rivals that might copy their ideas in court. It should be underscored, though, that poor man’s patents do not have any legal basis and provide no protection. 

How do you pitch an idea without it being stolen?

You can pitch an idea without it being stolen by only revealing the bare minimum and nothing more. Describe the value of the innovation and what it can achieve, but never discuss the nuts and bolts of how it actually works.

Do I need a patent or a trademark?

Trademarks prevent your rivals from using your company name or branded products in their market. On the other hand, patents stop them from using your invention. Most companies trademark their names, but you only need a patent if you invent something new and unique. 

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If you’re starting a food business for the first time, a franchise gives you a chance to leverage success from the existing reputation of the brand. Likewise, the blueprint will guide many aspects, from marketing to menu choices. McDonald’s, Subway, Dunkin’ Donuts, et al. are all great options. However, you can also find affordable franchises that can be started for under $10,000. Find a franchise that you naturally advocate while also conducting your research into the local market to unlock the best results. Baby food business The baby food sector had a market value of $12.9 billion in 2018 and is expected to hit $17.2 billion by 2026.  Aside from the fact that it’s a growing industry, it’s one in which you can make a real difference. Food plays a key role in an infant’s physical and mental development, and families are more conscious about their food choices than ever before. That’s why developing a baby food brand focused on organic and natural ingredients can be a very lucrative business model. Besides, the knowledge that you’re supporting new generations is hugely rewarding, not least if you’re a parent. Pet food business Children aren’t the only family members who deserve great-tasting foods. Pets do, too. If you’re an animal lover yourself, this can be one of the most productive home-based food business ideas. Over 90 million families in the US have pets, and many are frustrated by the lack of quality foods on offer. You can change that with your food company. In addition to formulating standard pet foods with new tastes and quality ingredients, you can look to introduce treats. Dog-friendly ice lollies are great for summer treats, while pet-friendly cakes and themed food baskets help them stay included in various festivities. The markup potential can be huge. Fields or farms Cooking food for diners is one way to gain revenue from the food industry. However, you can also sell your customers an experience of visiting your venue to find produce for themselves. Strawberry fields, pumpkin farms, and organic farms are just some examples.  Only 5.7% of all US food sales are organic despite the growing demand. This is just one of several ways to tap into this market. Combining tours and ingredient picking with merchandise or selling treats that you’ve made using your produce can become one of the most innovative ideas for a food business. You can charge for the entrance and experience, as well as the products themselves. Food truck business Food truck business ideas have become very popular in recent times, and the sector continues to grow at a rapid pace. It’s not hard to see why, either, as the mobile elements add versatility while the costs are often lower than having a commercial building in a suitable location. You can also reach multiple locations each day. There are many factors to consider when launching a food truck business, such as the vehicle requirements, health permits, and logistical factors. Our guide to creative food truck ideas and launching your firm will point you in the right direction. Perhaps the most important factor, however, is to develop a delicious menu. Great food will keep people coming back for more. Food delivery business  If traveling in a food truck to create delicious foods isn’t your bag, you could also consider delivering foods on behalf of companies. The digital revolution has changed the takeout food and grocery food delivery landscape forever. Food delivery apps are set to hit $329 billion by 2029, and you don’t have to challenge the big guns to join the party. You can serve as the bridge between consumers and restaurants or work on behalf of several local food businesses that don’t have in-house delivery teams. Either way, your company will pick up foods from eateries or grocery stores before safely and efficiently delivering the packages to their destination. Events catering business Food plays a significant role in many special events. Weddings, birthdays, anniversaries, graduation parties, bar mitzvahs, christenings, funeral wakes, and business events are just some of the occasions where food will be required. One of the great things about the catering industry is that there is not one company with a share of 5% or more. This means that even startups and small businesses can compete. Whether it’s themed dishes or not, producing quality foods should lead to referrals from clients and guests. Cooking classes When looking for food business ideas with small capital, you might consider cooking classes as a great way to monetize your passion and culinary skills. When offering private tuition, you can operate from home or visit the student directly. If you want to run group classes, you simply need to hire a suitable space, which could even include a school’s kitchen. Many people are turning to cooking classes as a productive way to socialize and develop new skills. A global CAGR of 18.9% shows that the industry is blessed with stunning opportunities. Teaching families how to cook healthier foods from scratch or enjoy the rewards of hosting a dinner party is simply amazing. Food kiosks Food kiosks are an essential feature of the contemporary food industry. Whether you’ll go for food cart business ideas, pop-up kiosks, or permanent structures in a mall is up to you. Either way, you’ll get the possibility to serve baked goods like cookies, savory treats, or specialty meals.  This sector is worth over $10 billion annually despite the impacts of the pandemic. It is also one of the areas where you can easily find a short-term rental agreement, which can reduce the risks when starting your business. Portable kiosks will allow you to work in multiple venues until you find the best. Meal prep business Most people who have the facilities to source ingredients and cook their own meals take it for granted. However, a lack of cooking equipment and/or mobility issues cause daily struggles for millions of people. Meal prep companies can provide “meals on wheels” or deliver meals in Tupperware so that consumers have access to nutritious foods. Often thought of as a service to support elderly or disabled consumers, meal prep businesses can actually support people from many demographics. Meal kits have become very popular with families who are bereft of time or want to cut down on their food waste. Your food prep and delivery service can yield big ROIs. Fitness food prep business Away from standard meal preps, fitness food prep ventures are great examples of food business ideas from home. In fact, 17% of consumers (and 25% in cities) have tried meal kits at some stage. While they aren’t all fitness-related, this is a growing sector within the industry as many fitness enthusiasts adopt eating plans that include calorie counting. A fitness food prep venture can work in several ways. It can be one of the best online food business ideas for creating a health brand that sells directly to consumers. Alternatively, it can focus on teaming up with local personal trainers or fitness clubs. Or you can use a combination of the two to boost your revenue.  Microbrewery business When thinking about foods, it’s important to remember drinks too. Brewing (and testing) beer for a living or side hustle sounds like heaven for a lot of people. It’s also one that you’ve probably talked about with friends in the past and have a few food business name ideas up your sleeve for.  Like many industries, the craft beer industry faced its toughest time during the pandemic but has now come out the other side. Small business owners can now make profitable ventures that sell alcohol to consumers or as part of the supply chain for bars. As well as beers, you could consider making wines. Cake business The importance of food on special occasions has already been mentioned. However, many events also require the pièce de résistance. Starting a cake business can be the perfect way to be involved in their big days. From weddings to birthdays, unique cakes sell for big money but offer excellent value for customers. Apart from single large cakes, you can also bake themed cupcakes for Valentine’s, Easter, and other occasions. This is a great option if you’re looking for food to sell from home.  Dietary food business Studies show that 18 million Americans are gluten sensitive, and that figure continues to rise. Many people struggle with ingredients, recipes, and special meals. This is especially true when they are recently diagnosed. It has subsequently created myriad opportunities for entrepreneurs to help. The ability to deliver great-tasting foods that don’t cause stomach sensitivity is a wonderful thing. The industry is growing, but there is still only a small level of competition considering the potential audience size. As well as gluten, you can look at dairy-free, vegetarian, or vegan meals. Mobile bartending Heading back to the beverages arena, mobile bartending is another popular option. You can additionally serve the most profitable bar food solutions to deliver a comprehensive package. Even if you don’t do this, serving cocktails and other alcoholic drinks can brighten up many parties and special occasions. You may get hired for garden parties and other gatherings. More commonly, though, you can work weddings and other celebrations where the venue doesn’t have a license. Get your liquor license, and you can work directly with the clients and party organizers or with the venues. Water-selling business We all love great-tasting foods, but those foods are nowhere near as important to our health as water. There are thousands of water brands out there, and anyone who has tried more than a few will know that the contrasts in taste can be huge. Even if you don’t have access to a natural source of mineral water, there are options. You can add a touch of flavor to water or carbonate them. If selling mineral water was cool enough for rapper 50 Cent to earn a fortune, you shouldn’t overlook the arena. The fact that everyone needs to drink gallons of water every week also makes it an incredibly stable environment for brands that make it. Sauce business Condiments have a huge impact on the overall taste of a meal. Sauces are one area where families simply don’t have the time to cook from scratch. Therefore, premade sauces can be a crucial addition to the pantry that turns a two-hour recipe into a 20-minute one. The industry is, unsurprisingly, performing better than ever. Sauces can range from pasta sauces to curry sauces or condiments for the side of a dish. Sauce-makers can find that they have easy food to sell to make money in large quantities. Many brands will bring out a range of various products, building a large and loyal following in no time. Gourmet candy business Gourmet candy can be a great pick-me-up for consumers. Likewise, it can be the perfect gift to say congratulations on a new job or share a message of love. Mass-produced sweets are OK for every day, but the special treats are something millions of people are prepared to pay for.  Both chocolate (5.9%) and nonchocolate (6.9%) variants have seen healthy growth during the pandemic. There has arguably never been a better time to embrace it as online food business ideas are generally performing well thanks to the growth of eCommerce. You can make treats from home or in a small commercial setting. Cooking content creator If you love cooking but don’t want to cook for others, content creation is one of the best food business from home ideas available. It’s affordable, puts you in full control, and allows you to work around another job until the time is right to go full-time. As far as food business ideas with low investment go, it is ideal. Better still, you can afford to make mistakes when making prerecorded content. It could be a video series teaching people to cook, a podcast, a blog, or any other form of content. There are many ways to monetize online content in 2022. So, as long as you’re consistent with publishing new content, it can be a smooth path ahead. Restaurant business It may be the most obvious food business idea of all. However, there is no question that restaurants can be hugely successful. People are eager to enjoy life after the endemic, and restaurant meals are a tried-and-true choice. A successful restaurant will rely on several key factors. You’ll need great chefs, a convenient location, and a winning menu. When you combine these things with a strong marketing strategy, you can achieve great things. Going forward, you could turn it into a franchise for even greater opportunities. Some Quick Tips for Running Your Food Business Whichever route you take, it’s imperative that your food business ideas are supported by a winning model. Writing a business plan and funding the venture will be crucial - as is the case with any company.  Additionally, here are six quick tips to help you find your way to success: Embrace modern tech. For example, self-order kiosks are now used by 25% of the market. Your business may need them, along with POS terminals. Appreciate the importance of delivery software as consumers demand their food in good time and won’t come back if you disappoint. Think carefully about food business name ideas as this will set the foundation for building a great brand.  Always hire the right people for your food business ideas because there is only so much you can do with one pair of hands. Adapt. For example, 30% of fast-food restaurants now offer healthy options for kids. You can’t be stuck in the past. Know your market and competitors. Opening the wrong type of business due to a lack of demand or space within the arena is one of the most common reasons small businesses fail. The Final Word on Food Business Ideas By now, you should have a good grasp of the available online food business ideas, food business from home ideas, and profitable small food business concepts. Likewise, you should know the answers to questions like “Are food trucks profitable?” and “What foods can I sell from home?” You have the ingredients for success. Now is the time to turn them into a dish that secures your future.
By Damjan Jugovic Spajic · May 10,2022

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