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How Much Does a Patent Cost?
2024 06 25
How Much Does a Patent Cost?

Many inventors worry about the costs of obtaining a patent, but it doesn’t have to be prohibitively expensive. Understanding the patent application process is crucial for managing these costs effectively. There are various factors that influence the total cost, and understanding these can help you manage and potentially reduce costs.
 
How much does 1 patent cost?
 
The cost of a single patent varies widely based on several variables.

 

Size of Your Entity

 
The cost of a patent depends on the size of the entity applying for it. The United States Patent and Trademark Office (USPTO) has three categories: micro entities, small entities, and large entities. Micro entities include individuals or small businesses with limited income who have filed no more than four patents before. Small entities include individuals and businesses with fewer than 500 employees or nonprofit organizations. Large entities are any applicants that do not qualify as micro or small entities.

 

Type of Patent

 
The type of patent you’re applying for also affects the cost. Utility patents cover new inventions or functional improvements to existing inventions. The costs of utility patent can be unpredictable, often involving multiple rejections and ongoing expenses. Their filing fees alone range between $64 and $320. Design patents protect the ornamental design of a functional item, and their filing fees range between $44 and $220. Design patent costs, including attorneys’ fees and governmental filing fees, typically range between $1,500 and $3,000. Plant patents are for new and distinct plant varieties, and their filing fees are also between $44 and $220.

 

Complexity of the Invention

 
The complexity of your invention can significantly impact the cost. Simple inventions may need less time and fewer resources to patent. Complex inventions often require extensive documentation and legal expertise. The number of claims in a patent application can also increase fees. Each independent claim over three costs $96-$480, and each claim over 20 costs $20-$100. Applications exceeding 100 sheets incur additional charges.

 

Provisional vs. Non-Provisional Applications

 
Provisional applications are cheaper and serve as a temporary placeholder, giving you “patent pending” status. Filing fees range from $60 to $300, and legal fees typically range from $1,500 to $3,500.
 
Non-provisional applications are more detailed and costly but necessary for obtaining a full patent. Fees range from $108 to $1,180, and legal fees typically range from $5,000 to $15,000.

 

Geographical Scope

 
The cost also depends on where you want to patent your invention. Applying for patents in multiple countries increases expenses. You may need translation services as well, which can cost $28 to $140 in the U.S.
 
In total, U.S. patents can cost between $10,000 and $30,000, including legal and government fees. Knowing these costs can help inventors plan their budget, especially those with limited resources.

 

What are the government filing fees for a patent?

 
Patent fees are divided into several stages, including filing, search, examination, and maintenance fees. These fees vary based on the type of patent and entity size of the applicant.
 
Filing Fees:
 
●       Utility patents range from $64-$320

●       Design patents range from $44-$220

●       Plant patents range from $44-$220
 
These government filing fees are essential to budget for when planning your patent application.
 
Search Fees:
 
●       Utility patents range from $140-$700

●       Design patents range from $32-$160

●       Plant patents range from $88-$440
 
Examination Fees:
 
●       Utility patents range from $160-$800
 
The costs associated with a utility patent application can vary significantly, depending on the complexity and the number of revisions required.
 
●       Design patents range from $128-$640

●       Plant patents range from $132-$660
 
Patent Issue Fees:
 
●       Utility patents range from $240-$1,200

●       Design patents range from $148-$740

●       Plant patents range from $168-$840

 

Maintenance Fees:
 
●       At 3.5 years, the fees range from $400-$2,000

●       At 7.5 years, the fees range from $752-$3,760

●       At 11.5 years, the fees range from $1,540-$7,700

 

How much does an EU patent cost?

 
Patent costs vary by jurisdiction, and securing a patent in the European Union has different costs compared to the United States.
 
The basic cost of applying for a unitary patent in the EU is around €6,000. There is also a designation fee of €685. If you choose to apply for a patent in each EU country individually, the expenses can be significantly higher, often reaching at least €20,000.
 
Translation costs can vary widely, depending on the number of countries involved. These expenses typically range from €500 to €3,000. Legal fees for securing an EU patent usually fall between €15,000 to €25,000.

 

What is the Cheapest Way to Get a Patent?

 
If you’re looking to save money on a patent, there are several strategies you can use.
 
First, consider filing a provisional patent application. This type of application is cheaper and gives you a year to refine your invention and seek investors. Filing fees for provisional applications are lower, typically ranging from $60 to $300.
 
While it is wise to seek legal counsel for drafting claims and navigating complex parts of the patent process, there are some tasks you can handle yourself. Patent attorneys can provide invaluable expertise in conducting thorough searches and ensuring the patentability of your invention. Understanding patent law is crucial, as it can be complex and varies significantly between jurisdictions. Conducting preliminary searches and preparing detailed descriptions of your invention can save on legal fees.
 
If you need patent protection in multiple jurisdictions, planning ahead can help you manage costs more effectively. In the European Union, consider applying for a unitary patent. This can save money compared to applying for patents in each individual country.
 
Also, if you qualify, take advantage of the reduced fees for small and micro entities. These discounts can significantly lower the cost of filing and maintaining your patent.

 

How Long Does it Take to Get a Patent?

 
The time it takes to get a patent can vary significantly based on several factors, including the type of patent and jurisdiction.
In the United States, the process typically takes between one and three years. A provisional patent application can be filed quickly, often within a few weeks. However, to obtain a patent, you must file a non-provisional application within one year of the provisional filing. The examination process for a non-provisional application can take one to three years, depending on the complexity of the invention and the workload of the USPTO.
 
In Europe, the process can take a bit longer. On average, it takes about three to five years to get a European patent. This includes the time for filing, search, examination, and possible appeals. The European Patent Office also offers a unitary patent, which can streamline the process for multiple countries within the EU, potentially saving time and money compared to filing in each country individually.
 
Several factors can affect the timeline, such as the invention’s complexity, the application’s quality, and how quickly you respond to patent office requests. In some cases, you can pay extra for expedited processing.
 
To improve your chances of success and navigate the process more efficiently, consider consulting with an experienced patent attorney.

 

Got questions?

 
Looking to secure a PCT patent, navigate the patent application process, or protect your trademark? Our team can guide you through conducting a thorough patent search and filing your application. Whether you need advice on how to patent an idea, consultation for unitary patentUP transilations, understand patent office requirements, or protect against infringement, we’re here to help.

 

Reach out to our team and consult on a case-by-case basis

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