Patent Fee Schedule: Everything You Need to Know
When it comes to USPTO fees, you should familiarize yourself with the fact that there are three different fee types.8 min read
What is a Patent Fee Schedule?
The patent fee schedule is the updated list of fees for applying for a patent. The current fee schedule of The United States Patent and Trademark Office went into effect on January 14, 2017. Its last revision was on May 1, 2017.
The fees are known to vary quite frequently, therefore it is necessary to consult the fee schedule before filing to ensure you are delivering the Office the appropriate fee.
When it comes to USPTO fees, you should familiarize yourself with the fact that there are three different fee types.
There are three unique orders of these expense:
- Large entity
- Small entity
- Micro entity
The full expense must be paid by large entities. Small entities are responsible for paying 50 percent of the fee. Micro entities are only responsible for 25 percent of the fee.
There are certain instances where there is no small entity or micro entity rebate. For instance, charges for initiating a post-grant challenge before the Patent Trial and Appeal Board (PTAB) are generally level expenses that don't convey any sort of rebate.
The micro scale entity markdown on patent expenses ended up accessible on March 19, 2013. The most extreme gross wage for purposes of paying the micro entity rebate rate is right now $155,817.
On the off chance that you fit the bill for micro scale entity status you will document a Certification of Micro Entity Status.
Serial autonomous innovators regularly don't qualify as micro entities because of the prerequisite that they must be named on no greater than four previously recorded patent applications.
In any case, innovators are not considered to have been previously named on a patent application in the event that he or she has allocated, or is committed to appoint, proprietorship rights as a result of employment status.
USPTO’s Proposed New Patent Fee Schedule
The USPTO named fee proposals as a part of the periodic fee review in October 2016. As indicated, the fee recommendations, which took effect in January 2017, were proposed to better adjust charges to costs, enabling the USPTO to proceed with its effort to enhance the quality of patents and advance productivity of operations.
Important changes in expenses are found in the accompanying classes:
- Basic Filing
- Search, and Examination and Excess Claims
- Mega Sequence Submissions
- Requests for Continued Examination (RCE)
- Information Disclosure Statements (IDS)
- Issue Fees
- Maintaining Multiple Reissue Patents
- Streamlined Re-examinations
- Late Filing of Sequence Listings in an International Application
- PTAB: Appeal, Inter-Partes Review, Post-Grant Review, and Covered Business Methods
- Hague Agreement Fees
- Office of Enrollment and Discipline (OED) Fees
- Petition and Administrative Fees.
The Office gave a point by point Table of Patent Fees – Current, Proposed and Unit Cost and a Patent Fee Proposal Slide Deck, which gives foundational information on some of the changes.
Remarks made at a Patent Public Advisory Committee (PPAC) hearing raised issues including the high cost related with recording at least one RCEs, the expansive increment in the Notice of Appeal and Appeal Forwarding Fees, the new structure for documenting an IDS and the expanding costs related with doing so during later phases of indictment, and PTAB Trials individual fees being segregated.
The PPAC asked individuals to give remarks on the new fees proposed by emailing the firstname.lastname@example.org email address as quickly as possible.
When utilizing the administration of a patent pursuit proficient, it is suggested that you begin by completing an Invention Disclosure Form.
Completing an Invention Disclosure Form is a great approach to getting your ideas all together about your invention, and to give the patent search expert the data we'd need to search your creation.
Make sure to incorporate all representations of the innovation brainstorming (including sketches), where you can, and give many choices and varieties as you possibly can.
The way of looking for licenses has changed drastically.
The USPTO now offers patent seeking capacity to the general population at http://www.uspto.gov/patft/index.html. Many designers do their own preparatory search online through that website before they contact a patent inquiry expert.
A large portion of patent inquiry expert's work is to simply follow-up on a preparatory search done by the designer.
Patent pursuit experts frequently cite their service as a major aspect of drafting a patent application, and charge hourly to search or potentially grow the search technique and results. A patent search expert can in any case do complete patentability inquires, in the event that you require it.
The cost of a total patentability inquiry of US licenses and public applications begins at about $1,000 for a basic mechanical innovation or design, and is more costly for more complex inventions.
Inside the date constraints of the available databases, records of public PCT, Japanese and EPO applications, and in addition some issued licenses and distributed applications from various nations can be scanned for an extra charge, typically half of the base hunt expense.
For the most part, the cost of the inquiry covers the underlying consultation, the inquiry report with duplicates of the licenses, and different references the patent search exert found. It usually also covers a patentability opinion, and a consultation after the inquiry if the innovator requires it.
A patent hunt expert may request that the inquiry charge be paid ahead of time. By and large, a patent inquiry expert can finish the inquiry in three to four weeks.
If there is a need for faster service, ask your patent search professional, they might arrange a service in Washington to do the USPTO search, with results in two weeks or so.
In the event that there is a need for a speedier consultation, ask your patent expert if they can organize a service in Washington D.C. to complete a USPTO search, which brings in results in approximately two weeks.
The cost might be somewhat higher for a rush inquiry, contingent upon the planning and logistics.
Patent lawyers will give a firm quote to your application once they've had the chance to survey your written exposure. The actual fee which you will be quoted after your attorney review your disclosure will vary based on the field of the invention, the intricacy of the invention, the state of the art, etc.
The real charge which you will be billed after your lawyer audits your disclosure will change in the field of the innovation, the intricacy of the development and product, the state of the product, and so on. The quote may cover the work through documenting the patent application, including one round of corrections to the draft.
Extra drafts might be secured inside the quote on the off chance that they are important to set up the completed application. However not if the idea of the creation has changed or if you choose to include increasingly different or distinctive components past those at initially portrayed.
If the development is a "work in progress", requiring numerous amendments to the application as the innovation advances, this work might be considered outside the quote, and you should expect to spend substantially more.
You will be charged for the time spent in get ready and recording the application at the hourly rate of the lawyers or operators dealing with the case. Hourly rates run from $250 (agents) to $325 (partners) at various law firms.
Your patent lawyer can give a gauge of cost on your favored arrangement, however it ought to be comprehended ahead of time that a gauge is simply a quote. Expect it to change.
What you will pay your patent lawyer is the genuine time spent working the hourly rate(s) of those investing the time and energy into your case.
The majority of individual and private venture customers incline towards the fee quote approach, while on the other hand expansive enterprises lean toward hourly charging. All things considered, the settled expense may be marginally higher than hourly rate, yet you maintain a strategic distance from the hazard that the time spent surpasses the quote.
For the less experienced designer or inventor the settled expense rate may give the best service, since a patent lawyer can exhaust the time expected to work with the customer without expanding the cost unduly—however, it's up to your discretion.
The accompanying charges are wide rough approximations in light of past experiences, and assume that you have provided an itemized depiction and (if fitting) drawings of your development.
- Mechanical or electrical development of normal complexity: $4,000-8,000.
- Complex electronic or PC developments: $6,000-10,000.
- Biotech or Chemical developments might cost upwards of $7,500 with the required DNA arrangement requirements, and so on.
- Web Business Method innovations - $6,500 to $9,500.
Please note that these applications are experiencing longer than typical preparing delays in the Patent Office, because of the colossal volume being recorded and the affectability of the PTO to provide harsh feedback to some issued licenses lately.
To some degree, the cost of setting up the application is under your control - the more work you do before we begin, and the better thoroughly considered your disclosure is, the less time we need to spend drafting the application, and subsequently the lower the charge will be.
A last-minute documenting expense of $1,250 may be charged if the patent lawyers are given not as much as seven days to a filing deadline in preparing the final application.
The drawing principles at the USPTO have turned out to be more liberal as of late.
If the drawings are sufficiently straightforward, or you can give drawings which can be filtered and documented, they will be set up as a part of the initial application charge.
However, for more intricate drawings, or if artistic ability is needed, a patent lawyer may utilize a drafting consultant. Artist's expenses are typically $100-175 for every figure, contingent upon the nature of the design, and are passed through without markup.
Patent Attorney Service
There are several services provides. They include the following:
- Preparation of Provisional Application for Patent
- Provisional Application Filing with USPTO
- Drawing Preparation (up to 3 sheets)
- Search (on the USPTO keyword/online database only) for similar US patents (1976 and after) and published (2001 and after) US patent applications PLUS Patentability Opinion
Non-Provisional [Utility] Application for Patent Costs
- Search (on the USPTO catchphrase/online database just) for comparative US licenses (1976 and after) and distributed (2001 and after) US patent applications in addition to patentability assessment may cost around $1,200 in addition.
- A creation that can be portrayed in close to 5 or 15 pages, can be illustrated in close to 5 or 10 figures, and can be guaranteed in close to 10 or 20 cases may cost anywhere from $3,600 to $6,900 or more to prepare an application.
- Planning and recording of IDS (Information Disclosure Statement) of up to 20 references may cost around $300.
- Recording of Assignment Document with USPTO may cost a level expense of $250.
- For flat expenses, a preparation and recording of the reaction to 'Office Actions' may extend from $1,400 to $3,000 or more.
- Design Application for patent readiness can cost around $850.
- Proficient drawings up to 7 perspectives may cost $550.
- Readiness and documenting of reaction to 'Office Actions' for configuration licenses can cost around $500 to $1000.
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