How Much Does a Non-Provisional Patent Application Cost?
How Much Does a Non-Provisional Patent Application Cost?
The cost of filing a patent application depends on the unique features and complexity of your invention, as well as whether or not you require and can obtain broad patent protection for it.
On average, nonprovisional patent applications cost around $15,000-$20,000 depending on your needs and the ability to secure broad protection.
Costs of filing a non-provisional patent application
The cost to file a non-provisional patent application varies based on the type and size of your entity. The United States Patent and Trademark Office (USPTO) charges between $75 to $300 for small entities (those with no more than 500 employees), while micro entities pay only $75 for a provisional patent.
The USPTO requires a filing, search and examination fee that must be paid at the time of filing your application. This fee is calculated based on your filing date and can be paid online through the Patent Center; however, if you choose to submit your fees later than scheduled, an additional late surcharge of $160 must be paid.
Are you uncertain whether a non-provisional patent is the best option for your invention? Consider hiring an expert to assist in deciding which type of patent is most suitable. A knowledgeable attorney can guide you through the process and help avoid costly errors.
UpCounsel’s marketplace can help you locate a qualified attorney to assist with your patent application. On average, lawyers on UpCounsel have 14 years of experience and come from top law schools.
In addition to the USPTO’s filing, search, and examination fees, you should also factor in attorney fees. These could range up to $15,000 or more if you require a full-service patent lawyer for preparation of your application.
When planning your non-provisional patent strategy, the length of its term should be taken into consideration. Certain types of patents – like utility and plant patents – last 20 years while design patents only last 15 years.
The USPTO allows inventors to convert a provisional patent application into a non-provisional patent application, which could extend the duration of your patent by up to 12 months. This method of patent extension is often employed when making iterative improvements to an invention.
Filing a non-provisional patent application as soon as you have all of the information needed to protect your invention is highly recommended. Doing so ensures that you don’t lose any benefits from your provisional patent and that the costs of the non-provisional patent aren’t increased due to additional work needed for completion.
Costs of filing a utility patent application
Filing a utility patent application can be costly depending on several factors. These include the type of invention, its complexity and target market. Furthermore, the price may depend on your lawyer and patent draftsperson’s experience.
On average, nonprovisional patent applications cost around $5,000; however, this number may increase if your invention is complex or has great market growth potential.
A utility patent is one of the most valuable forms of intellectual property, protecting a new machine, process, matter composition, drug, chemical or lifeform and business method. It’s one of two primary types of patents issued by USPTO and gives its holder exclusivity from making, using or selling her invention for 20 years after grant.
Utility patents offer protection for new inventions, and as such can be difficult to acquire. Therefore, legal counsel is recommended before filing for one.
Filing a utility patent application has an initial cost that’s low, but this cost can escalate rapidly once the USPTO begins reviewing your application. Utility applications tend to receive more rejections than design patents due to their higher rejection rate.
Filing for a patent can take an extensive amount of time and energy, so it is best to hire an experienced attorney to make sure your invention is filed correctly. Furthermore, they will provide advice on which type of patent works best for your needs.
Once your patent application is submitted, the Patent Office will review it and make a determination as to whether or not to grant you a patent. This can take an extensive period of time; some applications may even take three years before being approved.
After three years, you must pay a utility patent maintenance fee. Failure to do so could cause your patent to lapse and no longer be valid.
Utility patents can be costly, but they provide invaluable protection for your invention and prevent others from copying it. This helps you get a better return on investment and expand your business.
Costs of filing a design patent application
The cost of filing a design patent application varies significantly based on the product or invention being patented. Fees associated with filing an application include those paid to the USPTO, those for patent lawyers and draftspeople, as well as any extra expenses such as patent assignments or prior art searches.
Design patent costs may also be determined by the type and number of drawings necessary to illustrate an invention. Figures required to clearly illustrate an idea can vary significantly, which in turn impacts the final cost associated with filing for a design patent application.
Another factor that may influence the cost of a design patent application is the quality of drawings submitted. These must be sufficiently good to prove that your design is unique and cannot be easily copied by others.
A detailed set of drawings should depict the design in all its details, such as length-width-height ratios, curved lines and indentations that set it apart from other similar products or devices. It is essential that these drawings adhere to the standards established by the United States Patent and Trademark Office.
By having an experienced patent attorney review your application, you can guarantee that all legal bases have been covered and that your invention qualifies for a design patent. Furthermore, an experienced attorney can offer valuable feedback on the quality of your invention and any areas which need improvement.
Some designers and inventors attempt to reduce the cost of obtaining a design patent by using online filing companies or handling it themselves without legal guidance. Unfortunately, these methods are rarely successful and often create more work for the inventor or designer.
Understanding the cost of filing a design patent application is critical, as it can determine whether or not you receive protection for your invention. Furthermore, being aware of these expenses helps determine if it’s worth spending both time and money to pursue a design patent. Furthermore, being informed helps avoid making costly errors that could harm both your business and potential success of your invention.
Costs of filing a plant patent application
Plant patents are a special kind of patent that safeguards plant varieties. Similar to utility patents, they give inventors the right to exclude others from reproducing, selling or using their patented plants in any way. Plant patents expire 20 years from filing date and after this period has elapsed, any subject matter covered by the patent becomes public domain.
Plant patent applications tend to have higher costs than other types of patents. An undiscounted basic filing fee for a plant patent application is $220, $110 for small entities or $55 for micro entities, plus any necessary search and examination charges.
In addition to the filing fee, those seeking patent for a new plant variety must pay an attorney or agent for legal services. These expenses typically include conducting a prior art search, patentability evaluation, as well as writing and filing of office action responses.
A patent application is an extensive document that must be filled out correctly in order to avoid rejection or loss of rights. It must include an oath or declaration from each inventor, a description of the plant and all drawings in duplicate.
Drawings should accurately depict the plant and characteristics for which it has been patented, including color. They should be photorealistic instead of mechanical, with artistic flair often added to emphasize the unique qualities of a patented plant.
Another requirement for a plant patent is that the invention was not discovered naturally. In the past, plants found only in fields could not be patentable as simple discoveries weren’t considered patentable. However, a recent court ruling clarified this position; newly found seedlings growing on cultivated land can now be patentable provided they do not originate from an already known variety.
A plant patent is an integral component of any company developing new varieties of plants, whether for food, medicine or other products. While the process can take some time, it offers valuable protection for a unique species of plant. Not only does it shield investment into developing the new plant but it also lays a strong foundation for future intellectual property rights protection.