Westminster, CA asked in Patents (Intellectual Property) for California

Q: What are the estimated costs to file a patent?

For example, I have a Spray bottle I want to file a patent for, how much would it cost?

3 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta
Answered

A: Depends on the technology.

Budget around $10,000 to $20,000. More if it is a complex patent and technology, like biomed, software, etc.

Consult with an attorney.

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John B. Hudak
John B. Hudak
Answered

A: The cost of filing a patent depends on the technology that is being patented and the entity that is trying to obtain the patent rights.

The more complex the technology the more time it will take for the patent attorney to prepare the application. What is considered simple or complex tends to follow the following: (simple) mechanical; (intermediate) electrical; (complex) software, business methods, pharmaceuticals. A spray bottle would be considered mechanical. That said, some patent attorneys specialize in one type of patent so for that specific patent attorney, a patent is not as complex as it would be for another patent attorney. Although, some applications will likely never be too cheap because the attorney needs to spend the proper time and thought, which is done on every application, but done even more so for patents that are higher value and almost necessary for the longevity of a large company, such as a pharmaceutical compound.

If you search the internet and look at different lawyers' websites, the general price for attorney’s fees for writing and submitting an initial utility patent application is: (simple) $3,500 – $5,000; (intermediate) $ 5,000 - $10,000; and (complex) $10,000 - $20,000 (and up to $50,000 for specialty company crucial patents, such as a pharmaceutical compound).

Above are the attorney’s fees for the initial utility application, there are other costs related to a patent. A patent includes drawings, which is about $70 per page if a patent illustrator is used. There are USPTO fees which change depending on the size of the applicant. A large company will pay more money in USPTO fees than an individual who doesn’t make more than about $190,000 per year. The initial filing fees for a utility patent for a micro entity (an individual who doesn’t make more than about $190,000 per year) are $430. When the patent is issued there are patent issue fees, which for a micro entity is $250. There can be other USPTO fees too.

Other very common costs are the attorney’s fees for communicating, or prosecuting the patent, after the initial application. These fees are usually responses to rejections of the initial application by the patent office, which are called office actions (although other types of office actions occur). There can be multiple office action responses, which many times cost $1,000 - $3,000 and up, depending on their complexity, which determines the time spent by the patent attorney.

Peter D. Mlynek
Peter D. Mlynek
Answered
  • Patents Lawyer
  • Moorestown, NJ

A: To prepare the patent application would be about $6K to $10K. USPTO fee are $785.

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