Patent Application & Cost

Patent Application and Cost

How do you apply for a patent?

A patent is applied for by submitting an application to the United States Patent and Trademark Office (Patent Office) - typically online through the my.uspto.gov website.

How much does it cost to get a patent?

The cost to get a patent has two main parts: (1) attorney time for preparing the initial application and submitting responses to patent examiner’s rejections/objections (cost of attorney time varies from attorney to attorney - many times $5,000 to $15,000); and (2) Patent Office fees ($755 to $3,000).

Can I get a patent for free?

No. To obtain a patent the applicant will always need to pay Patent Office fees (application fees and issue fees) – even if a Patent Attorney is not used to prepare the application. The lowest utility patent application fee is $455. Once a patent application is approved, an issue fee is required. The lowest issue fee is $300. The Patent Office fees are dependent on the size of the applicant (ex. individual, small business, large business).

What is the cheapest way to get a patent?

Preparing and submitting a patent application without a Patent Attorney is the cheapest way to get a patent – although not commonly suggested because an application requires certain elements and an application should be written in a particular way to optimize the patent protection of the invention.

What will be included in my patent application?

The two main parts of a patent application are: (1) the specification (a written description of the invention and drawings of the invention); and (2) claims (a description of the invention, which determines what is actually protected by the patent).

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