How much will it cost me to get my idea patented? 7 Answers as of June 23, 2015

I have an Idea I would like to try to patent. How much will it cost me to get a patent on my idea?

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Webb IP Law Group
Webb IP Law Group | Jason P Webb
Plan on spending between about $15,000 - $30,000 over the course of the 20 year lifespan of a typical patent to get the patent and keep it alive the full duration.
Answer Applies to: Utah
Replied: 6/23/2015
Eminent IP, P.C.
Eminent IP, P.C. | Paul C. Oestreich
Since you do not mention where you want patent rights, I will simply assume the US. The cost to obtain an enforceable patent in other countries is obviously going to be more than in in the US alone. I typically quote between $10k to $25k to obtain issuance of a single utility patent application in the US. The process of obtaining an issued US patent includes the preparation and filing of a patent application, prosecution of that patent application, and if you have allowable claims, payment of an issue fee. The total cost to patent your invention depends on a number of variables, the first being whether it is in fact patentable in the first place, and if it is, then the breadth or scope of coverage that you seek from your patent rights. Broad patent protection for a single inventive concept may include multiple patents covering various aspects and/or embodiments of the invention, with varying claim language to give litigation counsel the leverage they need to enforce your patent rights. Patent prosecution is rarely as simple as filing a patent application, obtaining a notice of allowance and paying an issue fee. Most frequently, you will have to argue with a patent examiner and/or amend your patent application in view of technical requirements and/or prior art as dictated by the substantive review performed by an examiner at the United States Patent and Trademark Office (USPTO). This process is referred to as patent prosecution and may take numerous cycles of amending and arguing with an Examiner, or appealing if necessary. It is not possible to predict the number of cycles of amending and arguing that will be needed to obtain an allowance. However, you get two attempts to persuade the examiner with your initial filing fees. If after the first two attempts you still have no allowed claims, you can start the process over again by paying another request for continued examination fee, which can be repeated as needed. Keep in mind that the quoted range above does not include payment of maintenance fees (there are three of them) to maintain the right to enforce your patent in the US all the way to maximum patent term (20 years from filing date plus any patent term extension). Additionally, fees paid to the USPTO vary depending on what size entity you are. Micro entities are entitled to an approximately 75% discount versus the fees paid by a regular entity. If however, you merely want to dip your toes in the patent process, we can get you patent pending for less than $1k by filing a provisional patent application. Please contact us if you need more information about the patent process and provisional patent applications in particular.
Answer Applies to: Utah
Replied: 6/23/2015
Sebby Law Office
Sebby Law Office | Jayne Sebby
The final cost depends on several factors but it's probably a minimum of $3000 to $5000 and could be much, much higher, especially if another patent holder objects or the patent examiner doesn't think your application is sufficient.
Answer Applies to: Nebraska
Replied: 6/22/2015
DANIEL NESBITT | Hasse & Nesbitt
The cost depends on many factors - the complexity of the invention (a new flyswatter or a complex machine), the similarity of your invention to what is already know (including publications and other patents) and used out there (the "prior art"); the quality and the quantity of the contribution that you make, as the inventor, toward the description of the features of the prior art; your budget; the attorney's or agent's bill rate or charge requirements; etc.
Answer Applies to: Ohio
Replied: 6/22/2015
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
An "idea" is generally not patentable because it is not a product or process. An idea must be defined sufficiently that it can reproduced from the written description and drawings. Generally you should budget $4,000 to $10,00 to get patent pending, then another $1,000 to $5,000 for prosecution and issue fees. The process takes about 3 to 5 years. You should have a patent search performed to determine if your idea has been patented before you.
Answer Applies to: California
Replied: 6/22/2015
    Microtechnology Law & Analysis | Daniel Flamm
    Figure 8000-18000 for a skilled patent attorney to draft and file the application. There will be additional costs in responding to office actions after the application is examined.
    Answer Applies to: California
    Replied: 6/22/2015
    Banner & Witcoff, Ltd. | Ernie Linek
    To obtain patent protection on your idea - you must file a patent application in the USPTO - and have the patent granted. The invention must be (1) new, (2) useful, and (3) not obvious to persons working in the same area (field) of your invention. The application must teach fully how to make and how to use your invention - so that the public will benefit from you obtaining patent protection once your patent expires - typically 20 years from the filing date. Costs to prepare, file, and prosecute a patent application to allowance vary greatly - but you should budget at least $10,000 for the process.
    Answer Applies to: Massachusetts
    Replied: 6/22/2015
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