How Many Patent Fees Are There?
The United States Patent and Trademark Office (USPTO) is the governmental entity that establishes patenting fees. The USPTO is also responsible for approving patent applications. There are various types of patents, but the most common are utility, design and plant patents. A utility patent is for a nonobvious, novel invention with a functional use--the cellular phone was once considered such an invention. A design patent protects ornamental appearance and nonfunctional design. The Coca-Cola bottle is a classic example of a design patent. A plant patent protects an asexually-reproduced plant (other than a tuber-propagated plant or an uncultivated plant).
How many fees will you pay to get your invention patented? As you will see, that depends on the patent type and whether your application moves through the USPTO without hindrances. Patenting is an expensive process, and the number and amount of fees you incur often appears arbitrary. However, you must pay the USPTO three fees when you first submit your application: a basic filing fee, a search fee and an examination fee. Let's go through the process, fee by fee.
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Basic Filing Fee
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You will pay a filing fee when you submit your patent application to the USPTO. As of May 2009, the USPTO's fee schedule for a basic utility patent was $330. Filing fees for design and plant patents were $220. A basic patent application has two components: an oath, in which you swear that an invention is yours alone, and a specification, which describes your invention and the manner and process of making and using it. In most cases, to support the specification portion of your application, you may make three independent claims. An independent claim is a description of the part of your invention that makes it unique--or independent--from all others. For example, if your invention uses a standard AAA battery, the battery itself would not be an independent claim because it is already in use in numerous other products. It's the function or process of your invention that relies on the battery that can be advanced as an independent claim. Often drawings or photographs are needed to make your invention understandable.
Search Fee
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After you submit your application, a USPTO examiner conducts a search to ensure that your invention is not "prior art." In other words, the USPTO makes sure that a nearly identical invention is not already patented and in use. As of May 2009, the search fee was $540 for a utility patent, $100 for a design patent and $330 for a plant patent.
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Examination Fee
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Your application is also examined to make sure that it is correctly filled out, complete and that the language used in your specification is sufficient to teach or enable others to make or use your invention. As of May 2009, the examination fee was $220 for a utility patent, $140 for a design patent and $170 for a plant patent.
Additional Claims in an Application
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If your invention is extremely complex and requires numerous independent claims, patenting can get very expensive. If you have more than three independent claims in a utility patent application, for example, each additional claim costs $220, up to 20 claims. There is an additional cost of $52 per claim over 20.
Maintenance Fees
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If you get a patent, it will last for 20 years--if you're willing to pay the maintenance fees. At 3.5 years, the maintenance fee is $980. To retain the patent after 7.5 years, there's an additional charge of $2,480. Finally, a fee of $4,110 is assessed 11.5 years after the initial patent is granted.
Fees In Response to USPTO Office Action
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If the USPTO denies your application--many patent applications are rejected because the USPTO decides the independent claims are too similar to those used in prior art--you can appeal, but you'll have to pay additional fees to plead your case. The fee to file a notice of appeal is $540, and the request for an oral hearing costs $1,080.
Other Fees
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You may also pay other fees or encounter additional charges at any point during the patenting process. For example, you might want to add a trademark to your invention or expedite the examination process. You can, but it will cost you. The USPTO charges fees to copy legal documents for you and to set up an automatic withdrawal account and provide other financial and administrative services. If you want to register your invention internationally, additional application, search and examination fees will apply. (see "Resources" below.)
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