What Is Improvement Patent Cost?
An improvement patent cost is how much a revised patent will cost. Many businesses and inventors know the cost of a utility patent in the United States.3 min read
An improvement patent cost is how much a revised patent will cost. Many businesses and inventors know the cost of a utility patent in the United States. Placing a patent on a product or design means you can stop other people and businesses from selling, using, or making your idea their own.
Improvement patents given by the U.S. Patent and Trademark are for products that are already in existence but are being improved upon. All patents come from something that is a type of technology already in existence. These patents are given since they are not noticeably like the existing ones. The main goal is to convince the U.S. Patent and Trademark that your idea is new and that it can be added to the patent of the existing item in question.
Cost of Obtaining a Patent in the US
Utility patents are the most common types of patents talked about. An application must be prepared by a lawyer, which comes at a cost. The patent office does not request a payment, but a lawyer does. An application for a utility patent can cost thousands of dollars. A utility patent makes sure that specific methods, machines, and systems are kept safe. All utility patents have to meet the exact same standards for patent-eligible subject matter, both not obvious and original.
The law, 35 USC § 101, states that "Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor." Something that can be improved upon, such as a machine, process, how something is made up, or manufactured is considered patentable. If you claim to be able to make something better than something that already exists, this also needs to meet the same standards.
A variety of patents exist that do not have so many composites in the application or long action of law. An invention that is basic can cost a few thousand dollars while an invention that is complicated can cost tens of thousands of dollars. Roughly calculating US patent costs can be tricky, since much of the cost depends on how much technology is used. An answer including the words, "it depends," is not good enough since it's vague and does not help anyone involved with the process.
Inventors have to pay not only to apply for their patent but also for the revisions, prosecutions, issuance, and maintenance of the patent.
Doing some planning on what you will pay for before talking to a lawyer about your patent can save you money since you are paying for much time the lawyer spends preparing the paperwork for the patent. Lawyers who work with patents go through legal training, and they have technical degrees. Some patent lawyers have Ph.D.'s or cutting-edge technical training if they are handling patents in computers, biotechnology, or other high technology fields of interest. Many times, patent lawyers have a team of specialists they work with.
These specialists may include:
- Paraprofessionals, who file everything.
- Illustrators, who make figures.
- Technicians, who are experts in their field.
All of these aspects of the process can make the cost of a patent go up quickly, which is why utility patents are one of the more expensive types.
Not only does it cost to get your patent filed and prepared, but you might have to pay a lawyer to reach an agreement with the patent office. For every response your attorney sends to the patent office you could owe a thousand dollars or more, and the patent office might reject the lawyer a number of times. Another cost you have to consider is appealing the decision the patent examiner makes to the internal review board or to the federal courts.
It is crucial to comprehend that patenting an improvement invention requires the inventor to come up with an original idea that differs from the original concept. The law concerning patents is becoming more complicated, such as describing the invention in a different way. Over the past few years, it has become more challenging to write up a description necessary to create a patent, due to laws set forth by the United States Patent and Trademark Office.
If you need help with improvement patent cost, you can post your legal need on UpCounsel's marketplace. 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, Menlo Ventures, and Airbnb.