Comprehensive Guide to Prior Art Search & Patentability Study Costs

What is a Prior Art Search and Patentability Study?

Why Conduct a Patentability Study Before Filing?

Filing a patent application without a prior art search and patentability study can lead to costly mistakes, delays, and rejections. Here’s why our clients choose to study before they file:

• Reduce Risk: Identify novelty issues early and avoid unnecessary legal expenses.
• Strategize Smartly: Discover competing technologies and tailor your claims accordingly.
• Improve Success: Strengthen your application against USPTO scrutiny.
• Avoid Delays: Proactively address possible rejections from known prior art.

We empower inventors with insights that not only clarify risks but also highlight opportunities to distinguish their innovation.

Flat-Rate Pricing Based on Complexity

To ensure fairness and clarity, we offer all-inclusive flat fees based on your invention’s complexity. Below is our detailed 8-level invention complexity scale, with descriptions and example inventions. You may also find out the costs for just a patent search and patentability analysis specific to your new innovation using our prior art search and patentability study cost calculator.

Complexity Level	Description	Examples	Flat Fee
Level 1 – Elementary Concept	Single function or principle; minimal parts	On/off valve, pH strip, fixed-length lever	$1,300
Level 2 – Basic Assembly	2–5 simple components with basic interaction	Wind-up toy, adhesive, spring-return mechanism	$1,520
Level 3 – Single-Domain Electromechanical	Simple control logic with electrical/mechanical elements	Flashlight, DC motor with switch	$1,520
Level 4 – Stand-Alone Software or Control Logic	Software-only inventions with basic logic; no ML	LED control code, calculator app	$1,730
Level 5 – Multi-Domain Integration	Mix of mechanical, electrical, software components	Smart thermostat, medical pump, 3D printer	$1,730
Level 6 – Advanced Algorithms & Networks	Signal processing, optimization, basic ML, or networking	OCR device, GPS drone, basic recommender	$2,160
Level 7 – High-Order Multi-Disciplinary Systems	Cross-field integration (e.g., biotech + software)	Lab-on-a-chip, soft robotics, smart materials	$2,380
Level 8 – Frontier & Research-Grade Complexity	Advanced tech: quantum, CRISPR, autonomous systems	Quantum circuits, gene editing, AV networks	$2,600

Design and Plant Patents

• Design Patent Search & Study: $1,300
• Plant Patent Search & Study: $1,730

How to Determine Your Invention’s Complexity

Understanding the complexity level of your invention is key to estimating the scope of the prior art search, the depth of legal analysis required, and ultimately, the cost of your patentability study. Our 8-level complexity scale is designed to provide clarity, consistency, and fairness. Here’s how to determine where your invention fits on this scale, with expanded steps and guidance:

1. Self-Assess: Read and Understand Each Complexity Level

Start by carefully reviewing the descriptions and example inventions provided for each level in our complexity scale. Each level represents a progressive increase in technical depth, interdisciplinary integration, and innovation scope.

• Level 1-3: These are generally mechanical or single-domain inventions with limited interaction or basic electronic functionality. Ideal for relatively straightforward designs with fewer parts and no software or networking.
• Level 4-5: These levels introduce software logic or multi-domain interactions, where your invention may involve both hardware and software or require embedded systems.
• Level 6-8: These are advanced innovations that use complex algorithms, machine learning, biotech integration, or cutting-edge systems that may require specialized fabrication and testing.

Ask yourself: Does my invention involve electrical components, software logic, sensors, or integration of multiple systems? Does it use AI, advanced networking, or scientific processes like genetic engineering or quantum mechanics?

2. Compare Closely: Match Your Invention to the Highest-Fitting Level

Once you’ve reviewed each level, try to match your invention to the most accurate description and examples. It’s important to be honest and realistic about what your invention involves—and what it doesn’t.

• If your invention includes a software component with conditional logic and control features, it likely starts at Level 4.
• If it integrates sensors and feedback loops across physical and digital domains, you may be in Level 5 or 6.
• If your invention breaks new ground in emerging fields such as autonomous vehicles or gene editing, you could be in Level 7 or 8.

Remember: the more novel, integrated, and data-driven the system is, the higher it generally falls on the scale.

3. Refine as Needed: Consider the Edge Cases

Some inventions fall between levels or share features from multiple tiers. In such cases, we advise the following:

• Default to the lower tier when the invention lacks core attributes of the higher level (e.g., a software tool with logic, but no optimization or networking).
• Move to a higher tier if your invention genuinely demands additional complexity in analysis, search scope, or involves multiple technical disciplines.
• Use real-world comparisons: Is your app more like a calculator (Level 4) or a health-monitoring platform with predictive features (Level 6)?

Our classification process aims to be conservative and fair. We avoid inflating complexity unless justified by actual technical requirements.

4. Consult Us: Let Us Help You Clarify

Still unsure about your invention’s placement on the scale? We’re here to help. Schedule a free consultation with our team:

• We’ll ask questions about your invention’s functions, systems, components, and technologies.
• We’ll compare those details to our complexity scale and provide a clear rationale for the level we assign.
• In borderline cases, we typically assign the lower-cost level to ensure fairness and accessibility.

This evaluation is part of our commitment to transparent and predictable pricing.

Why This Matters Your invention’s complexity directly affects the time and effort required for a thorough prior art search and legal analysis. A Level 2 invention might involve reviewing a few dozen prior art references. A Level 7 project could mean combing through hundreds of patents and technical publications across multiple domains.

By matching invention complexity to pricing tiers, we ensure:

• Efficiency: Our team can plan research with precision.
• Fairness: You don’t overpay for a simpler project.
• Transparency: No hidden fees or surprise charges.

We built this framework to support inventors of all backgrounds—from garage innovators to research teams at the forefront of science.

Ready to Take the First Step Toward Patent Protection?

A prior art search and patentability study is the smartest move before investing in a full application. We’re here to guide you every step of the way.

Book your free consultation today to:

• Meet with our USPTO Registered Patent Attorney;
• Understand your invention’s complexity level;
• Ask questions about the patent process; and
• Get expert guidance on how to proceed.

Contact Carson Patents now to get started. We help inventors protect what matters most—their ideas. Check out our confidentiality page.