How much does it cost to appeal a rejected patent application? 2 Answers as of October 20, 2010I’m interested in applying for a patent and I’m trying to figure out how much it would cost, including all the application fees. But what I want to know is how much it would cost if the application is rejected and I want to appeal it. Do you have to pay to re-submit your application each time it is rejected?
Devon & Associates | Marcia A. Devon
The cost varies substantially with the reason(s) for the USPTO rejection and the complexity of the invention. If the rejection is a minor one (e.g. an objection to the patent drawings), it may only cost a few hundred dollars to respond. The costs for responding the Examiners rejection may not be incurred until years after filing your utility patent application, depending on how long it takes for the USPTO to review your application. If you file a provisional application prior to filing utility application, you can: (1) defer a major portion of the costs of filing your utility application over a year and (2) defer the time further when you will have to pay to respond to any rejection by the USPTO.
Answer Applies to: California