General
Cost Information on Applying for a U.S.
Congratulations
on your recent invention. In order to discern whether it merits the cost and
effort in applying for and obtaining a U.S. Patent, several factors should be
considered, the primary, in our opinion, being the likelihood of commercial
success.
The patent grant,
with its parchment, gold seal, and red ribbon may look prestigious, but it will
not guarantee commercial success. Thus, while we can advise whether your
invention is likely patentable, and perhaps even successfully obtain a patent
on your behalf, ascertaining the likelihood of commercial success is no doubt
the inventors biggest determination in deciding whether to proceed with a
patent application.
A fee for the
initial conference in the amount of $100.00 is typically charged, which would
encompass up to one hour of consultation.
Research
Phase
A patent search is generally recommended in order to
discern whether the client's invention is patentable, taking into account the
Novelty, Utility, and Non-Obviousness criteria for patentability. The search is
generally conducted via a Registered Patent Attorney with the firm, who
assimilates the pertinent information from the U.S. Patent Office and makes his
recommendations in a report to the client, which includes the referenced
patents. A "typical" search does not pertain to highly complex
subject matter, multiple alternative embodiments, or multiple inventions, which
searches generally require more time and out-of -pocket costs, and which
searches are charged on an hourly basis, with generally some good faith cost
estimate made prior to the search.
"Typical"cost
for patent research . . . . . . . . $700.00-800.00+ per invention, plus
references @ $6.00 each
It should be understood that the initial patent
search does not provide one hundred percent accuracy. Since 1790, the U.S.
Patent and Trademark Office has issued well over seven million patents. To
conduct a search reviewing all of these patents would, of course, be
prohibitively expensive, and well beyond the costs associated with the initial
search. Consequently, it cannot be assured that each and every patent of
relevance will be reviewed or cited, and some patents of pertinence may well
not be included in this report. Further, the present search only encompasses
The typical patent search,
therefore, is designed to provide a general scope of the state of the art
relative the present, searched for invention, allowing our office to give the
client a reasonable estimate of patentability and the probable scope of
coverage of a patent based upon the above citations recovered during the course
of the search, whether it be narrow or broad.
It
is reiterated that the initial search is a "patentability" search to
discern novelty within the above criteria, and is not an
"infringement-type" search, which would encompass far more effort,
time and expense. While infringement-type searches are available, the costs are
considerably more, due to the additional research, review, and reporting. If
you desire such a search, please contact the office for further information
The
Application Phase
If the invention appears patentable, and the client
desires to go forward with obtaining the patent, the next step is the
application preparation and filing phase. The invention is "fine
tuned", alternative designs are considered for inclusion, and patent
drawings are prepared; finally the application is prepared by the patent
attorney assigned to the case.
The patent
application is a teaching document, and comprises three primary parts, namely:
- a discussion of the history of the invention,
including pertinent prior patents and the present invention's differences
thereto;
- a detailed teaching of the best mode of the
apparatus and/or method of the present invention, referring to the
figures; and
- "Claims" defining what we regard as
the invention; typically there are several claims in an application.
General
Cost Information: Patent Application
The following comprises
general cost data for a "typical" patent application. Note that the
costs for applying for a patent vary greatly, depending primarily upon, for
example:
- the subject matter of the invention (i.e.,
mechanical, electrical, chemical, etc.);
- the complexity of the invention;
- the number of alternative designs being taught;
and
- the number and type of claims in the invention.
"Average"
Patent Application Preparation and Filing Costs
Patent office filing and
related fees $500.00 - 1000.00+
Informal
Drawings $120.00
- 1500.00+
Misc. Expenses * $25.00 - 345.00+
Attorneys Fees* * $2,650.00 - 6250.00+
Total "Average" costs: $3295.00 -
$9095.00+
*
Miscellaneous Expenses include photocopies, postage, telephone, fax, and other
minor out-of-pocket costs.
** Estimated fees are those of this office
for the preparation and filing of an "average" UTILITY patent
application of limited complexity with the United States Patent and Trademark
Office for a Small Entity applicant, including the following:
- review of the invention disclosure, file review,
and limited research in ascertaining patentability significant traits of
the invention;
- statutory research as to patentability questions
for discerning validity and patentability of subject matter;
- formulating viable figures with the inventor,
and discussing same with draftsman;
- drafting an initial set of claims for discerning
areas of concentration in detailed disclosure of the invention, and
verifying drawings;
- drafting an element listing of the invention,
and editing the drawings accordingly;
- drafting the application itself, comprising the
field of the invention, general background of the invention (including
citation and dicussion of prior related patents), summary dicussion of the
invention, general discussion of the figures, detailed discussion of the
invention, re-draft claims, and abstract;
- drafting a prior art disclosure statement;
- preparation of Declaration of Inventorship with
Power of Attorney;
- transmittal letter to the Commissioner of
Patents;
- preparation of small entity statement, where
applicable;
- preparation of post card receipt;
- preparing and forwarding copy of application and
papers to client; and
- filing all documents with the United States
Patent and Trademark Office in
The present estimated fees
are for the preparation and filing of the
The above
"average" estimate above is reiterated to be limited to costs and
fees for the filing of the application only, and does not include fees and
costs incurred after filing, as further discussed below.
The
Prosecution Phase
Once the application has
been filed, it enters the prosecution phase, comprising generally the following
procedure:
1) the
application is received by the patent office mail room, which assigns the
application a date of filing and serial number;
2) the application is reviewed by the patent
office to discern whether it includes the minimum items necessary for
maintaining a filing date;
3) the application is reviewed to determine
if publication of the subject matter therein would likely comprise a threat to
National Security;
4) if the application is not deemed a
threat, we are provided with a foreign filing license with the filing receipt;
5) the application is assigned to an art
group specializing in a particular area of technology;
6) the application is assigned to an
Examiner in that Art Group by the Supervisory Examiner;
7) the Examiner places the application on
his docket, generally behind all of his prior received applications;
8) typically after about 12 months, longer
in some areas, the Examiner will have completed the prior received applications,
and will begin prosecution of the application by first reviewing said
application as to matters of form;
9) next, the Examiner will conduct his own
search into the U.S. Patents and selected Foreign patents and publications to
discern whether the invention is novel, useful, and unobvious;
10) thereafter, the Examiner will generally
prepare an Office Action, wherein his comments with regard to the application
are indicated, usually in the form of rejections and objections, which Office
Action is forwarded to our office via U.S. Mail;
11) we are typically permitted three to six
months from the mailing date of the Office Action to answer the Examiner's
communication in the form of a Response, amending the application and arguing
as to patentability - typical costs may run from about $350.00 - 850.00+;
12) at this point, the application may be
allowed, or
13) the application may be rejected again,
in which case may be filed, or the case be appealed, dropped, or continued;
14) if the application is allowed, an Issue
Fee must be paid, typically (small entity) in the amount of $700.00,
formal drawings must be filed at a typical cost of about $125.00 per page for
preparation (where informals were prepared by the draftsman), and additional attorneys
fees on the order ot $200.00-$450.00 are typically incurred; further, if the
application was published by the PTO, a publication fee of $300.00 is levied
upon allowance;
15) upon issuance, the patent gives the
owner a right to exclude others within the issuing country from making, using,
or selling the claimed invention, generally for twenty years from the date of
the earliest filed application.
16) at 3.5, 7.5, and 11.5 years after
issuance, maintenance fees must be timely paid to the U.S. Patent Office to
maintain the patent.
Further, if
foreign patent protection is desired, foreign patents must be filed within one
year from application in this country; costs for applications range typically
from $1000.00 to $10,000.00+, depending upon the country, complexity of
invention, and translations. Individualized cost estimates are provided upon
request. It is noted that our office is experienced in administering in the
foreign filing process, and working with foreign associates in Canada, Mexico,
throughout Central and South America, Western and Eastern Europe, the Middle
East, the Far East, South Africa, Australia, India, and other Countries.