How much does a patent cost? How much it costs to get a patent depends on three things. First, whether it is a utility or design patent. Design patents cost less. Second, whether it is a simple or complex invention. Simple patents cost less. Third, whether it is a US or an International application will contribute to how much it costs to get a patent. US only applications cost less. Contact Us to talk about the options.
Whether the invention or idea needs a Utility or Design Patent matters.
Utility patent applications are more complicated to write and prosecute. Design patent applications are simpler. There are major differences is in all three of the key areas of a good patent application. There are significant differences between utility and design patents in the description, claims, and drawings.
Utility Patents are longer.
Design patents typically cost less than utility patents because they are simpler to write. Design patent application descriptions are not usually much longer than a few sentences. Whereas utility patent application descriptions are usually at least a few pages, not sentences, long. It is common to have 15 – 20 pages of written description for a utility patent. Whereas 15 – 20 well crafted words might be enough to do a good job for a design patent.
In addition to the many more pages of description, utility patents also need additional pages for the abstract and the claims. Just the abstract of a utility patent, while limited to 150 words, is typically longer than the written description of a design patent application. The abstract is not needed for a design patent.
Utility Patents have more claims.
The difference in patent claims also helps explain the difference in cost. Utility patent applications usually have one or more pages of claims. In contrast to design patents that have only this one claim, “I claim the ornamental design as herein shown and described.” Utility patents usually have many claims of several different kinds.
Utility patents are not limited in the number of claims. Over 20 claims requires additional government fees. Utility patents can have independant, dependent, and multiple dependent claims. There are kit claims, method claims, Markush claims, and species claims too. Just to name a few.
More claims means more writing and prosecuting and thus means more cost. Claim writing can be complicated and difficult. Professional help is highly recommended for claim writing.
Utility Patents may even need more drawings.
The differences in drawings and figures between utility and design patents can also contribute to the difference in cost. Design patents usually have just the single set of figures to show the six orthogonal sides of the design. They may also have one or two 3D or partial section cut-away views to highlight the design.
Utility patent applications in contrast may need many drawings, as well as flowcharts, flow diagrams, operation diagrams … and the list goes on. Depending on the utility patent there may be many more drawings needed than for a design patent.
Whether it is a simple or complex invention or idea matters.
As you might expect the simpler the invention the simpler it is to write and prosecute. Simpler is not less import or less valuable, it is just less expensive to patent than complex. Simple is less expensive because there are fewer moving parts and elements.
For utility patents the description includes a full disclosure of how to make and use the invention. For design patents the description is a few sentences about what it is. The more complex the invention the more complex it is to write about and draw about.
More complicated patents not only require more time and effort on the written parts, but can also require much more time and effort when it comes the the drawings. Simpler requires less words to describe and fewer illustrations to convey.
More complex patents need more complex descriptions and drawings that require more time and coordination and thus they cost more to get.
Whether you want to protect your invention in the US only or Internationally matters.
Here at Carson Patents there is little or no difference in cost to write a patent application for the US or internationally. There is a big difference in the filing government filing fees.
US only patents cost less. This is because you are only seeking protection over the making, using, and selling of your invention in the United States.
International patents cost more. This is because the international application only does not seek protection in any country. Seeking patents in the various patenting offices around the world requires fees for each office or country where protection is sought.
Contact us to discuss your opinions and how to keep costs low.