How much does a patent cost?

There are three categories of expenses for the typical patent application: (1) attorney fees; (2) filing fees; and (3) drawing fees.  Of the three, the most significant expense is the attorney fees.  One of my primary motivations for starting Richards Patent Law was my desire to reduce the attorney fees required to file and prosecute high quality patent applications, thereby significantly reducing the cost to file a patent application.  I will prepare and file your patent application for a fixed fee, based on the complexity of your invention and the work required to prepare a quality patent application to protect it.  Call me to discuss the scope of your invention and I will provide you with a fixed fee agreement to prepare and file a patent application to protect your invention.

Below is information I prepared to provide a sense of what costs to expect from other more typical intellectual property law firms.

In February 2008, Alan Kasper of the American Intellectual Property Law Association (AIPLA), presented information to an oversight hearing regarding the United States Patent and Trademark Office (USPTO).  His presentation included information regarding the average patent costs in 2007.  The information came from the AIPLA 2007 Report of the Economic Survey compiled from a survey of patent practitioners.

According to the testimony the following costs are representative of the attorney fees charged by a typical intellectual property boutique firm in 2007.

The average cost of preparing a utility patent application:

  • Preparation and filing of an original application of minimal complexity by a small patent firm (10 page specification, 10 claims) = $8,548.00.
  • Relatively complex biotechnology/chemical cases = $15,398.00
  • Relatively complex mechanical cases = $11,482.00
  • Relatively complex electrical/computer cases = $13,684

Once a patent application has been filed, there are often one or more rounds of amendments at the USPTO over the course of several years of prosecution.  Each round of amendments requires additional attorney fees.  According to the 2007 AIPLA report, the average attorney fees for each amendment were as follows.

The average cost for filing an amendment:

  • Minimal complexity = $2,244.00
  • Relatively complex biotechnology/chemical case = $4,448.00
  • Relatively complex electrical/computer case = $3,910.00
  • Relatively complex mechanical case is = $3,506.00

Post-allowance and issuance fees:

When a patent application is allowed at the USPTO, the applicant must pay an issue fee before the patent is granted.  The current utility patent issue fee is $1,510.00 for a large entity and $755.00 for a small entity.  Once issued, patent maintenance fees are due at 3.5, 7.5 and 11.5 years after issuance.  The current large entity/small entity maintenance fees are $980.00/$490.00 at 3.5 years, $2,480.00/$1,240.00 at 7.5 years and $4,110.00/$2,055.00 at 11.5 years.  These fees are mandated by and paid to the USPTO.  As a result, I cannot reduce these fees for you.  However, I can reduce your costs by reducing the service fees I will charge you for submitting your payments.

The recent publication of the AIPLA Report of the Economic Survey 2009 demonstrates that these costs have risen or remained flat in the two years since the previous survey.

Richards Patent Law structures its fees to prepare and file your patent applications and amendments for less.  My goal is to reduce the overall cost of the patent process.  Please contact me for a free consultation to discuss your patent needs and how my fixed fee services can help you reduce the cost of your patent matters, while providing the highest quality patent law services.

If you would like an estimate for the cost to patent your invention, contact me to schedule a free initial consultation.