COSTS OF OBTAINING A UTILITY PATENT:
Posted in On Patent Costs
Utility Patent: A utility patent for a device in general terms protects the function of the device. A utility method patent similarly protects the process of obtaining a useful result.
Nonprovisional Or Provisional Utility Patent Application?
A provisional patent application requires much less work and is largely a place holder until a nonprovisional applicant can be prepared, which must be done within a year of filing the provisional application or it is abandoned. It costs approximately about half as much to file a provisional application as a nonprovisional application, and sometimes even less, depending on what the inventor provides to the patent attorney.
The following are often the approximate costs for a provisional application.
USPTO Filing fee: $110
Formal drawings: $250 (if any)
Attorney time: $1500 (often less)
To File a Nonprovisional Patent Application:
The cost of a nonprovisional patent application will vary largely with the complexity of the invention and the how close the prior art is to the new invention. Prior art is devices and methods that are close to the new invention, including patents on file in the United States Patent and Trademark Office (USPTO) and the World International Property Office (WIPO). A simple invention for this purpose is one that is not complex and not close to the prior art
For the simplest invention, based on experience one should anticipate costs to be approximately.
USPTO Filing fee: $462
Formal drawings: $250
Attorney time: $3000
However, it would be misleading to leave one with expectation that this might be the cost of his or application. More likely, the attorney time for a simple invention might be closer to $3500. and often more. Additional costs might be because there are prior patents that needed to be analyzed or the invention is more complex than the simplest.
Patentability Search
Several years ago it was usual for a client to ask for a search to be performed to determine if his invention already existed in the USPTO patents on file. This office orders patentability searches from search firms near the USPTO. The cost of a patentability search might be about $800 from those firms. If this office requests the patentability search, then the attorney time increases this cost by about $200. With the ease of accessing the USPTO files online, inventors often elect to rely on the patent attorney to do a preliminary search and apply the costs of a patentability search to the cost of preparing a patent application. The patent attorney will do a preliminary search for his own purposes in preparing a patent application, but the client is not permitted to rely on that search in determining the patentability of his invention.
Responses to USPTO Communications
It is uncertain when we will receive a first review by a USPTO patent examiner, somewhat based on what section of the USPTO an application is assigned. Recently, it has been the experience of this office that it has been taking about 18-36 months. Normally the application will need to be amended to satisfy issues raised by the patent examiner. Cost of such a response might be between $1000 and $2500 and often about $1500. Usually only one USPTO communication is allowed before an application is finally objected or allowed, though there are many exceptions. If allowed, there will be another USPTO fee, termed an Issue Fee, that will need to be paid before the patent can issue. In October 2008 that fee was adjusted to $755. If the application is finally rejected, there are several options. For example, the inventor can decide to no longer pursue the application; or the inventor can appeal the rejection; or the inventor can make further amendments and/or add information to overcome the basis for rejection by the USPTO patent examiner. This later option requires an additional filing fee.
TIME REQUIRED TO OBTAIN A UTILITY PATENT
It is impossible to determine or even give a good estimate on how long it might take to obtain a patent. Still the inventor asks. With that in mine, one might expect to receive a grant of a utility patent between 6 and 24 months after the first review by a patent office examiner.
