Costs of Idea Patenting
Obtaining a patent can protect your idea that leads to a novel, useful and non-obvious invention or improvement. The cost depends on several factors, such as if you file pro se (independently or on your own) or hire a patent attorney or agent to assist you. Another consideration is the technical drawing. When appropriate, your application should include an illustration of your idea. Rather than submit a crude or simple drawing, you should work with an experienced artist.
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Patent Search
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The cost of novelty or patent search ranges from less than $500 to more than $1,500. A patent search entails looking for similarities between your idea and existing patents. You can search patents using the inventor's name or words that describe the idea. The search will help determine if your idea is eligible for protection, but you may not need to conduct a search if you have prior market knowledge or are competing to file the patent.
Filing Fees
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Your patent application requires a filing fee based on the number of claims you make. Currently, the fee is about $1,300 for three independent claims plus up to 17 dependent claims. Patent agent or attorney preparation fees vary significantly depending on the complexity of your idea, so you might spend anywhere from $2,000 to over $7,000.
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Objections
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After submitting your application, you will wait a long period of time for an evaluation. Examiners from the U.S. Patent & Trademark Office can object or reject your patent application. If you have to submit corrections and work with an agent or attorney, then you should add about $500 to $1,000 to your patent costs.
Post Patent
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Upon obtaining a patent, you must pay maintenance fees or your patent will expire, meaning that you will lose your protection. For instance, a small entity (individual inventor, nonprofit, or for profit business with less than 500 employees), currently pays $510 maintenance at 3.5 years, while a non-small entity pays $1,020. At 7.5 years, small entities have to pay $1,160 and non-small entities pay $2,320. At 11.5 years, a small entity must pay $1,790, and a non-small entity pays $3,580. Additionally, you will face separate costs if you want international protection of your idea. The costs will depend on the type of protection sought, such as an International Patent, Nice, Locarno or Vienna Classification.
Opportunity Cost
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Consider the opportunity cost of preparing and filing a patent on your own. The process is rather tedious and involves thorough completion of an application. Professional rates depend on experience and location (an experienced patent attorney in Los Angeles will cost more that one in Omaha), but can average $1,500 to $3,000. Although professional help can be costly, think about the cost of spending your time and risking rejection. While you cannot lower USPTO filing fees, remember to negotiate prices and services with different attorneys, artists and agents before making any commitments.
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