How Much Does It Cost to Get a Patent in the USA?

Is the inventor within you wanting a legal stamp on its very own idea or invention? Do you wish to patent your invention and want to know the cost to patent an idea? Then you have landed up in the right place. In this post, we will discuss the Patent and the anticipated cost to patent an idea with the United States Patent and Trademark Office.

Factors Affect the Patent Cost

It is difficult to accurately estimate the cost to get a Patent in the USA. Multiple factors like the complexity of the invention, disclosure’s quality & quantity, and the type of invention are the most important considerations which need to be taken into account while estimating the cost to patent an idea.

Various fees

Costs or fees from illustrators, search providers, docketing services, foreign associates, or other service providers together sum up the cost to patent an idea. Nowadays, patent filing involves a lot of text, several drawings, and incomprehensible documentation as required by patent law.

Thanks to the companies like Patent Services USA who have eased the entire process of obtaining a patent. These companies adhere to the regulations from the United States Court of Appeals for the Federal Circuit and the United States Patent and Trademark Office.         

Nature of expenses involved in filing a patent application:

• Patent Attorney Expenses
• Patent Office Expenses
• Professional Drawings Expenses

An overview of the cost of applying in the USA

First, it is essential to understand the Patent application preparation cost. The cost involved in the patent application and filing depending on the type of application and other variables. Let’s check them out:-

Utility Patent Cost

In general, the cost of filing a utility patent application varies somewhere between $8000-$15000 or above

• The cost ranges between $5000-$7000 for a basic invention. This cost excludes the patent search cost which may vary between $1000 – $ 1250.
• If you go a little bit higher yet a very simple invention, the cost varies between $7000-$8500. This also excludes patent search cost ranges between $1000 – $1250.
• Now when we come to complex inventions, the cost for the minimal complex invention varies between $8500-$10000. Patent search cost for the minimal complex invention ranges between $1250 – $1500.
• The cost for the fairly complex invention varies between $10000-$12000. Patent search cost ranges between $1500 – $1750.
• For a relatively more complex invention, the cost goes somewhere between $12000-$14000. The patent search cost varies between $1750 – $2000.
• For an extra-ordinary complex invention, the cost varies between $14000-$16000. The patent search cost ranges between $2000 – $2500.
• For inventions like software, the cost goes above $16000. The patent cost ranges between $2500 – $3000.

Plant Patent Cost

The cost of an application to obtain a plant patent ranges between $4660-$7620. This includes all costs involved from examination to legal fees. A patent search is also conducted by patent officers to confirm the originality of the invention, whether or not the inventor conducts a patent search. 

Design Patent Cost

The cost involved in preparing and filing an application to attain a design patent varies between $2500 and $3000. This cost includes the examination fee of $140.

Extra Cost to Set Off the Claim

An extra amount is payable on the application fee when the number of claims surpasses the limit of the acceptable amount. In the case of more than 3 claims for a patent, an extra cost of $220 for each claim is summed up with the application fees. When the total claims for a patent go above 10, an extra cost of $52 /claim is summed up with the fee.

Cost of Drawings

The cost of professional drawings is another cost that gets added to the application fee. This cost ranges between $300 to $500.

The Intricacy of the Invention

The intricacy of the invention is another factor that proportionately affects the prosecution cost. The higher intricacy of the invention increases prosecution cost. 

Level of intricacy	Prosecution cost range
An automated innovation,	$2500 – $4000
An intricate automated creation	$3000 – $7000
An ordinary software invention	$2500 – $7000
An extraordinary software invention	$3500 – $7500

Patent Maintenance Fee

When the patent application is approved, the maintenance fees are payable by the applicant to ensure the lifetime validity of a patent. This fee is payable to the government in the USA during the three intervals after the patent approval.

• $980- After 3.5 years
• $ 2480- After 7.5 years
• $4110- After 11 years

Alongside, there are a few more costs involved with patent filing such as Administrative Charges, Trademark Processing Fees, Post – issuance Charges, etc.

Wrapping up:

The average cost to patent an idea or invention in the USA through a patent attorney ranges between $6,000 to $12,000 depending on the complexity of the idea or invention. However, if the application is filed by the inventor him/herself, the prices may vary from $900 to $16,900. 

As per the United States Patent and Trademark Office (USPTO), $300 is the minimal cost of filing a patent application. This cost goes down to $150 and $75 in the case of a small entity and the micro entity, respectively. 

Sometimes the patent application gets rejected. In case of rejection, the applicant may apply for the revocation of the USPTO’s decision or personally meet the patent officers. Both result in a huge amount of spending.

So it is suggested to hire an attorney to prepare a new patent application. When you hire an attorney you may expect to pay an average cost between $3,000 and $5,000 along with the USPTO fees.