Invention Patenting Cost Estimates

Utility Patent Cost Estimate

A general utility invention estimate is $9500, total.

Utility Patent Estimate

How much does it cost for an utility idea/invention: estimate $1600 for the prior art search and patentability evaluation, $4800 to write the patent application, $500 U.S. utility patent application filing fee, $1600 to write and file office action responses, and $1000 for issue. Thus, a utility patent costs about $9500. (USD)

Utility Patent Example

Issued utility patent example: New electric device invention. All in all, the patenting cost is $7460. In this case, the prior art search and patentability evaluation cost is $1200. Further, $3880 to write the patent application followed by $540 for the U.S. utility patent application filing fee. Lastly, $880 to write and file office action responses and $960 for issue. (Inventor paid micro entity fees at the USPTO.) (Aug 2022)

Design Patent Cost Estimate

A general design invention estimate is $4800, total.

Design Patent Estimate

How much does it cost for a design idea/invention: estimate $1200 for the prior art search and patentability evaluation, $2400 to write the patent application, $400 U.S. design patent application filing fee, and $800 for issue. Thus, a design patent costs about $4800. (USD)

Design Patent Example

Issued design patent example: sports bottle bag design invention. All in all, the patenting cost is $3790. In this case, the prior art search and patentability evaluation cost is $900. Further, $1680 to write the patent application followed by $370 for the U.S. design patent application filing fee. Lastly, $840 for issue. (Inventor paid micro entity fees at the USPTO.) (Oct 2022)

Plant Patent Cost Estimate

A general plant patent invention cost estimate is $8500, total.

Plant Patent Estimate

How much does it cost for a plant patent: estimate $1200 for the prior art search and patentability evaluation, $4200 to write the patent application, $500 U.S. patent application filing fee, $1600 to write and file office action responses, and $1000 for issue. Thus, a plant patent costs about $8500. Importantly, the costs of the biological deposit and any required photos are not included in these costs.

5 Times Patent Applications Incur Cost to Patent an Invention

1. First, a professional fee for a prior art search and patentability study (evaluation);
2. Second, a professional fee for patent application writing;
3. Third, a professional fees for submitting the application and paying the patent office application filing fees;
4. Fourth, professional fees for any patent prosecution responses to office actions; and, if there are allowable claims,
5. Fifth, a professional fee for paying the patent office issue fee (and then continuing to monitor communications and represent the issued patent).

3 USPTO Entity Statuses Impact Filing Fee Costs

1. Regular Entity Patent Applicants: Regular Entities are inventors and patent applicants that do not qualify for Small Entity or Micro Entity Status. Regular Entities pay the full usual USPTO filing fee costs.
2. Small Entity Patent Applicants: Small Entities are inventors and patent applicants that have fewer than 4 other patent applications, fewer than 500 employees, and would qualify as a small business. Small Entities pay 60% less than the full usual USPTO filing fee costs for nearly everything.
3. Micro Entity Patent Applicants: Micro Entities are inventors and patent applicants that qualify as Small Entities, and whose income is less than about $200,000 in the previous year. Micro Entities pay 80% less than the full usual USPTO filing fee costs for nearly everything. Read more in our article on Entity Status and USPTO Fee Reduction.

4 Reasons Patent Applications Have Extra Costs

1. Long-application filing fees: When patent applications for inventions exceed 100 pages in total (forms included), there is an extra USPTO filing fee for additional pages in increments of 50 pages.
2. Extra claim fees: Patent application filing fees only include a maximum of 20 claims. When patent applications for inventions can benefit from more than 20 claims, there is an extra USPTO filing fee for each additional claim.
3. Late filing fees: Responding to office actions (letters from the USPTO) is required to be done in 3 months or less (called the shortened statutory period). Nearly all responses can be delayed to 6 months, there is an extra USPTO filing fee for each additional month that increases in cost for multiple months.
4. Petition fees: Sometimes petitions are needed, such as when requesting continued examination time. There are petitions for any occasion, but there is an extra USPTO filing fee for each petition (with very few exceptions).

3 Reasons Patent Application Costs Vary by Invention

1. Firstly, the kind of application the invention needs determines patenting costs. Whether the invention needs a utility, plant, or design patent application will determine the costs of patenting the invention.
2. Secondly, the complexity of the invention determines patenting costs. The more complex the invention the more description and drawings are needed. These added documentation requirements add costs in additional professional fees.
3. Thirdly, whether international protection is sought determines patenting costs. Whether patent protection in multiple countries is sought will determine patenting costs. While there is an international patenting process, each country requires a separate patent application and filing fees. Additional countries will incur additional professional costs and filing fees.