Short Hills, NJ asked in Patents (Intellectual Property) for New Jersey

Q: How much would it cost to patent my face mask designs?

3 Lawyer Answers
Bernard Samuel Klosowski
Bernard Samuel Klosowski
Answered
  • Patents Lawyer
  • Greenville, SC

A: According to the American Intellectual Property Law Association's 2019 Report, the USPTO (government) filing fees for a U.S. Design patent application are in the range of $240-$960+, and the average national attorney fee to prepare and file the design application is around $1,815+. Draftsman costs vary, but 6 to 8 drawings that meet USPTO standards will usually cost on the order of $500 to $1000. Multiple embodiments (variations) and complexity can increase overall costs.

As an aside, while a design patent may protect a new, ornamental design of an article of manufacture, a utility patent application can also be sought to protect new, useful, and not-obvious machines, processes, articles of manufacture, and compositions of matter. A utility patent application entails a separate cost from a design application. In both cases, future prosecution and related international filings are in addition to application preparation and filing costs and fees.

It's best to consult with a patent attorney regarding specific facts to determine the best course of action based on individual circumstances.

Good luck.

Peter D. Mlynek
Peter D. Mlynek
Answered
  • Patents Lawyer
  • Moorestown, NJ
  • Licensed in New Jersey

A: Several thousand dollars, if you are interested in protecting the ornamental design of it. That is, mask that are similar in technology to existing masks. This is going to get you a design patent.

If you are looking to protect a new technology, such as new mask material, or new way of fastening the mask to the face, or a new way of assuring better protection, then you are seeking a utility patent, which will set you back about 10 to 15K up front, another 5 to 15K over the next 3 to 4 years.

(The above presumes that you are seeking to protect the masks that are worn by people trying to protect them from infectious diseases and like, and you are not seeking information on mask works that are used to produce semiconductor chips.)

John B. Hudak
John B. Hudak
PREMIUM
Answered
  • Patents Lawyer
  • Milford, CT

A: Consider calling different attorneys and getting some quotes – the previous answers seem to fall in the range of what different attorneys will quote.

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