What Is the Average Cost for a Patent?

Estimating the average cost for a patent can be a tough matter since it’s dependent on several factors. It's important to grasp that the very nature of patenting an invention means that an inventor has come up with one distinctive trait not present in any prior inventions. There are challenges inherent within the description of what makes an invention unique, and the legislation is getting even more complicated.

Because of the U.S. Supreme Court, the United States Court of Appeals for the Federal Circuit, and added laws from the U.S. Patent and Trademark Office, it has grown harder over time to create the kind of detailed written description required to make an invention unique.

Nearly all innovations are somewhere within the range of simple to minimally complex. If you’re dealing with any type of technological device, it’s likely that your invention is more complex. If your invention is a software program, patenting the invention might be extremely complicated. During the past few years, the courts have begun requiring higher levels of technical detail within the patent.

You must file a non-provisional patent utility if you ever want to receive a patent. It’s nearly impossible to estimate the cost of filing an application without knowing all the details of the invention.

What Does the Government Charge for a Patent?

The federal government charges a minimum of $730 for most small entities, which is how most inventors and smaller enterprises are usually characterized. For micro entities, the charges could be closer to $400. Submission fees can and do increase depending upon the number and variety of similar claims received.

Other fee examples include:

  • Skilled drawings: approximately $300 to $500 for an entire set of drawings.
  • Professional legal counsel: approximately $5,000 to $7,000.
  • Patent search with opinion for drawings: $1,000 to $1,250, even for an uncomplicated invention.
  • Extremely complicated inventions: $14,000 to $16,000.
  • Patent search with opinion for complicated inventions: $2,000 to $2,500.
  • Software program associated innovations: minimum of $16,000.
  • Patent search with opinion for software:  $2,500 to $3,000.

On the occasion where there are reasonable market alternatives, you could spend extra. For instance, you may find a legal professional to put in writing a patent for an enterprise methodology or computer software program at a fairly low cost. However, an affordable associated patent wouldn't be as strong as a patent application costing $20,000 or more.

Can I Get a Stronger Patent?

Getting a stronger patent requires extra claims and consideration and an ample technical disclosure. It should describe as many alternative options, choices, and variations as possible. Stronger patents require more experienced legal professional time, which entails extra time spent working with the patent examiner to get the patent issued.

A patent search is important. It will provide you with a better idea of whether or not to pursue a patent to begin with. Some patents filed within the last 18 months are often not searchable, as they're required by legislation to be saved secretly.

While it is smart for inventors to do their own initial searches, an expert searcher working with a patent professional will have the ability to discover any prior artwork, including any pending applications that you alone couldn’t find out about. Searches conducted by expert patent searchers and the legal professional opinions to go with them may sometimes vary from $1,000 to $3,000, pending:

  • The quantity of written evaluation you need to obtain.
  • The complexity of the invention.
  • The quantity of prior artwork found that must be considered.

Paying for an in-depth and reliable patent search and written evaluation by a patent legal professional is well worth the money spent. The search dictates everything that follows in the rest of the patent undertaking, and it may even show that there isn't an affordable alternative to acquiring a suitably broad enough patent. In this case, the undertaking would be deserted, saving the inventor many hundreds of dollars.

If you need help with a patent, a good place to start is the UpCounsel marketplace, which hosts a variety of professional legal advisors. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Stripe, and Twilio.