{"id":560,"date":"2023-04-18T13:54:16","date_gmt":"2023-04-18T13:54:16","guid":{"rendered":"https:\/\/www.smallbizgenius.net\/?p=560"},"modified":"2023-06-19T09:21:49","modified_gmt":"2023-06-19T09:21:49","slug":"how-much-does-a-patent-cost","status":"publish","type":"post","link":"https:\/\/www.smallbizgenius.net\/knowledge-base\/how-much-does-a-patent-cost\/","title":{"rendered":"How Much Does a Patent Cost?"},"content":{"rendered":"\n
Patents are crucial for protecting intellectual property, particularly if you run a small startup<\/a>. 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. <\/p>\n\n\n\n The patenting procedure isn\u2019t free, though. In this post, we\u2019ll take a look at how much a patent actually costs. Then, we\u2019ll analyze some patent cost examples before exploring the difference between trademark and patent costs. <\/p>\n\n\n\n You can break down the cost of obtaining a patent into three categories: <\/p>\n\n\n\n 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\u2019ll 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. <\/p>\n\n\n\n Obtaining a patent isn\u2019t 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.<\/p>\n\n\n\n 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\u2019ve 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. <\/p>\n\n\n\n Certain types of patents may be more complicated than others. If you\u2019ve 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\u2019s technically intricate. This may then drive up your costs, since you\u2019ll require lengthier consultations with your lawyer. <\/p>\n\n\n\n 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. <\/p>\n\n\n\n Because of the varying complexity of patents, they have different costs. However, there are diverse types of patents that you can apply for. <\/p>\n\n\n\n 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.<\/p>\n\n\n\n Provisional patent applications are popular among organizations that want to begin protecting their intellectual property immediately but don\u2019t 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. <\/p>\n\n\n\n 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. <\/p>\n\n\n\n Design patents protect your product\u2019s 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. <\/p>\n\n\n\n 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\u2019s competitive advantage. Most importantly, a design patent can prevent rivals from creating copycat products. <\/p>\n\n\n\n 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. <\/p>\n\n\n\n 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. <\/p>\n\n\n\n So far, we\u2019ve 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.<\/p>\n\n\n\n Let\u2019s take a look at some examples of how much you are likely to pay for a patent, from the simplest to the most complex: <\/p>\n\n\n\n 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. <\/p>\n\n\n\n Here is an example of how your costs might break down for a consumer electronics product, such as a bicycle GPS or Bluetooth headset: <\/p>\n\n\n\n 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. <\/p>\n\n\n\n The USPTO won\u2019t always accept your patent, even with the help of lawyers. However, if they reject it, you can still appeal. <\/p>\n\n\n\nCost of a Patent<\/h2>\n\n\n\n
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Types of Patents and Their Costs<\/h2>\n\n\n\n
Non-Provisional Patent Application<\/h3>\n\n\n\n
Provisional Patent Application<\/h3>\n\n\n\n
Design Patent<\/h3>\n\n\n\n
Plant Patent<\/h3>\n\n\n\n
What Factors Affect the Cost of Filing a Patent?<\/h2>\n\n\n\n
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Patent Cost Examples<\/h2>\n\n\n\n
Licensing a patent cost<\/h3>\n\n\n\n
Invention Type<\/td> Example<\/td> Patent Attorney Cost<\/td> Search Costs<\/td><\/tr> Very Simple<\/td> Paper clip, bowl, wallet, packaging, tea cozy<\/td> $5,000-$7,000<\/td> $1,000-$1,250<\/td><\/tr> Simple<\/td> Fanny pack, children\u2019s toy, drinks flask, dog harness<\/td> $7,000-$8,500<\/td> $1,000-$1,250<\/td><\/tr> Low Complexity<\/td> Handheld tools, MP3 player, disposable camera<\/td> $8,500-$10,000<\/td> $1,250-$1,500<\/td><\/tr> Medium Complexity<\/td> Solar panel pack, pop-up tent<\/td> $10,000-$12,000<\/td> $1,500-$1,750<\/td><\/tr> High Complexity<\/td> Prosthetic limbs, telecommunications equipment, medical scanners<\/td> $14,000-$16,000<\/td> $2,000-$2,500<\/td><\/tr> Software<\/td> Machine learning systems, automated control systems, networking software<\/td> More than $16,000<\/td> $2,500-$3,000<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n Patenting a consumer electronics product \u2013 example<\/h3>\n\n\n\n
Service<\/td> Price <\/td><\/tr> Patent search with attorney opinion<\/td> $1,750<\/td><\/tr> Provisional patent preparation and filing<\/td> $2,500<\/td><\/tr> USPTO provisional filing fee<\/td> $130<\/td><\/tr> Non-provisional patent filing<\/td> $6,000<\/td><\/tr> USPTO non-provisional filing fee<\/td> $800<\/td><\/tr> Professional illustrations<\/td> $500<\/td><\/tr> Total<\/td> $11,680<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n How Much Does It Cost To Appeal a Rejected Patent Application?<\/h2>\n\n\n\n