What is the cost for a patent? 4 Answers as of January 17, 2011

Is a patent search included? Do you do the drawing's? What do you charge for a complete patent application?

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Fish & Associates, PC
Fish & Associates, PC | Robert D. Fish
Searching, brainstorming, drafting and filing a strong utility patent application runs about $7,000 to $10,000, depending on the technology. Software and pharmaceutical patent applications are among the most expensive. That includes patentability searching, which comprises perhaps $2500 or so of the total charges, and brainstorming what to claim, which comprises another couple thousand dollars of the total. These number also include drawing charges, which are generally about $75 per page from a professional draftsman. We usually submit informal drawings, and file formal drawings during prosecution. One would think that simple inventions are easiest to patent, but they are often the most difficult to patent because of the extensive prior art.

Note that one option is to file an accelerated examination, which usually gets the patent issued within a year (or even six months), rather than 3-6 years as with a non-accelerated application. The charges to get an accelerated application on file are usually $22,000 - $25,000, including searching, brainstorming, formal drawings, and drafting and filing the application along with the various papers needed to support the filing.

After filing it usually requires another $3,000 - $7,000 or more to prosecute the application, i.e., argue with the patent office and get the application allowed. Accelerated patent applications are usually at the low end of those numbers because the claims are already crafted very carefully to circumvent prior art discovered during a very extensive patentability search.

Some firms charge only $2,500 - $3,500 to file a utility application. Such inexpensive applications are often a waste of resources. Any patent procured from such an application is often worthless because it is easy to circumvent. One can file a decent provisional for $3,500, or even much less depending on the extensiveness of the inventor's disclosure. We have filed provisional applications for $1000 or even $500 where we simply added a few claims to a disclosure drafted by the applicant / inventor. But note that filing a provisional merely puts off the cost of filing the utility application by a year. Thus, filing provisionals might or might not make sense, depending upon the a host of factors, including funding of the applicant, how far along the project is in terms of R&D, how fast the marketplace is evolving, how different the inventive subject matter is relative to the prior art, and how much white space remains in the field.

At the other end of the extreme some firms charge $25,000 or more just to file a patent application, and that much again for prosecution. Except in the most extreme circumstances those charges are just a rip-off.

We almost never quote a charge for the entire soup to nuts process. Among other things we can't be certain what prior art might turn up during prosecution, and we can't tell in advance whether the examiner will be reasonable.

Note that all the charges mentioned are for the U.S. only. Foreign patenting is much, much more expensive.
Answer Applies to: California
Replied: 1/17/2011
DANIEL NESBITT | Hasse & Nesbitt
The costs for a granted patent can include costs: for researching the patentability of an invention ( includes a prior art search); for preparing the patent specification, including drawings as needed; for filing the patent application with the US Patent and Trademark Office (USPTO); for responding to any office action by the USPTO examiner in the course of examining the patentability of the application, which are typically incurred 1-3 years after the patent application has been filed; and for payment of the grant fees, if the patent application is allowed.

Please contact me to provide estimates of these costs, which typically depend on the type and complexity of your invention, and the course of examination at the USPTO.
Answer Applies to: Ohio
Replied: 1/17/2011
Ochoa and Associates
Ochoa and Associates | Susan Ochoa Spiering
Costs vary based on complexity, length of the application to be drafted, whether the application is a provisional versus non-provisional, and what type of application (mechanical, chemical, electrical, etc.).

A general cost estimate for a non-provisional application is $10-20K for something about 20-30 pages with 20 or so claims; drawings generally cost extra and are about $100/page; a search is usually separate and can run about $500-1500 depending on complexity and number of references found. These are just estimates to give you an idea.
Answer Applies to: Texas
Replied: 1/14/2011
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
I have a draftsman do the drawings and you pay him separate from me - I make no money on that transactions - I would a lot about $500 for formal drawings including revisions numbering etc. Most patents I charge $4500 to draft and then at the time f filing there is an other $462 or so for the patent filing fee to the government.

Feel free to call and discuss with Nicole or myself, Mark Hubert.
Answer Applies to: Oregon
Replied: 1/14/2011
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