How Much Does It Cost to File a Patent: A Breakdown

If you have created an invention, unique materials, or a particular model, you want to make sure others don’t replicate it. It is your intellectual property, and you want to protect it.

You want to consider filing a patent. A patent is a legal protection that gives exclusive authority for a limited duration to the creator of a machine, unique materials, or a model. Others may not replicate a patented creation without the express permission of the patent holder.

But how much does it cost to file a patent?

We’ve prepared this guide on how to file a patent and how much to expect to pay.

How Much Does It Cost to File a Patent? Here’s What to Know

A patent is one of the most intricate forms of protecting your intellectual property. The criteria are stringent, and the application process might be strenuous.

We recommend that you seek legal counsel who understands the types of patents and can help you with the filing process.

Here’s what you need to know about the costs:

What to Expect

The factors that determine the cost of a patent, you have to know the type of patent that’s required. The complexity of the invention will also play a part in determining the overall cost.

As a starting point, it will cost $900 to file a patent. That is if you apply by yourself. But if you hire an attorney, as we think you should, the cost will increase.

The maximum cost of a patent is $16,900. The average cost of a patent ranges from $6,000 to $12,000.

The Application

The standard cost to apply is $300. If you are a smaller business, you might be eligible to pay $150 for the application. An individual only needs to pay $75 for the application.

Part of the application process is the patent search. That involves checking if your patent has already been registered or if your patent is eligible. It will cost between $800 to $3,000.

If eligible, you can then file your application. The cost depends on the type of patent you have to register. Let’s look at the different types of patents and their costs.

If you are a budding business, you might not have the time to run around and protect your intellectual property. According to James Berry & Associates it is important that entrepreneurs and start-ups should hire legal help right away. The more they wait, the more can the problem of intellectual theft become severe.

Provisional Patent

If you don’t yet have the funds to file a patent but still want to protect your rights, you want to file a provisional patent application.

That protects your invention temporarily until you file a full application. It will cost between $1,500 to $3,500. There will also be filing fees that range between $70 to $300.

These fees are on top of any attorney fees you may have. As eligibility for a provisional patent is based on strict criteria, you definitely want an attorney to help you with it.

Utility Patent

A Utility Patent is for protecting new machines, systems, and new inventions that are considered useful. If you have filed a provisional patent application, you have a deadline of 1 year to file a utility patent application.

It will cost between $5,000 to $15,000 to file. The filing fee for this application is $330. The cost of a patent search is $540.

There is also a required $220 examination fee to inspect your invention. That is on top of your attorney fees.

If you are granted a utility patent, you will be required to pay yearly maintenance fees after three years. The average cost is $980. However, the price of these maintenance fees depends on your invention and can range from $400 to $7,500.

Design Patent

This patent is used to protect the design and aesthetics of a machine. That can include the shape of the machine and is often used for medical devices, manufactured items, and fashionable goods.

You should expect your overall cost for this patent to be between $2,000 to $3,500. The filing fees for this patent are between $200 to $500. Patent search fees range between $40 to $160. Examination fees vary but are usually around $150.

Your invention might qualify for both a utility patent and a design patent. Your attorney will help you determine if it does and whether you should file both patent applications.

Plant Patent

If you have created a new type of plant, there’s a patent for it! A plant patent costs between $4,000 to $8,000.

The criteria for a plant patent are very strict, as this is an unusual invention to patent. Expect your attorney to charge high fees to assist you with this process.

The filing fees for a plant patent are between $50 to $200. Examination fees range from $150 to $650. Search fees range from $100 to $420.

These are rarely granted and rarely requested. However, if you work as a horticulturist or agricultural worker, you might find this can help you if you’ve made a new plant.

International Patent

Unlike copyrights and trademarks, patents can be registered for international protection. While not all countries are in agreement with the Patent Cooperation Treaty, many of them are.

That means that your patent will be protected in several countries that have signed this agreement. You decrease the risk of foreign nationals from stealing your patented works.

It is an incredibly expensive option, and you should expect to pay over $100,000 in fees for this. You will need an expert patent attorney for this and expect to pay significantly more for your legal fees.

Saving Money

As you can see, depending on the type of patent you need, it can be very costly. However, if you want to make sure that your invention is protected, then you don’t want to postpone or ignore filing a patent.

If you need to save money or are on a budget, you can do parts of the process yourself, such as the patent search. You can also research what types of patents your work is eligible for without consulting an attorney.

These will help you save legal fees. However, in the end, we always strongly advise that you seek legal counsel to increase the chances of patent approval.

File Your Patent

Now that you know how much does it cost to file a patent, you are ready to hire a patent attorney. They will help you file your patent and make a case for protection.

Be sure to read more about patents, intellectual property, and technology on our website.