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).

Are Patent Drawings an extra expense for a patent application?

Attorney Time and Patent Office Fees

The main expense of a patent application are: (1) Attorney's fees for time to prepare, submit, and make responses for a patent application; and (2) Government fees, which are fees required from the Patent Office for a patent application.

Patent Drawing Fees

Many times Patent Drawings which are part of the patent application can be an additional fee, where an outside Patent Illustrator (in a way a subcontractor, who is not the main contractor of the Patent Attorney) is hired to prepare the Patent Drawings. A Patent Illustrator can charge between $30 to $150 per figure. The more complicated and the "greater need for accuracy of the Patent Drawing," as with a Design Patent Drawing, will equate to a greater cost for the Patent Drawing.
Utility Patent Drawings can be cheaper because the actual dimensions or visual accuracy is not as important in many situations.
Design Patent Drawings can be more expense because the representation of the object or the ornamental design on the surface is "what is covered" by the Design Patent. So accurate Design Patent Drawings is very important, which leads to a greater cost for Design Patent Drawings. For example, a Patent Illustrator may quote $350 for 5 to 7 Utility Patent Drawings (or figures) for a utility patent application, but may quote a minimum of $650 for all the figures of the Design Patent Drawings for an design patent application (usually 7 figures, normally on perspective view and the six sides when looking straight on).

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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Law Office of John B. Hudak, PLLC

An intellectual property law firm: patents, trademarks, and copyrights.