11. What is the cost of getting patent in US for my invention?

What is the cost of getting patent in US

The Attorney fees for drafting and filing a patent application in US would be around $1000 to $1500 based on the complexity of the invention.

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How much is the cost of getting a patent in US? There is no precise and accurate answer to this question as the cost of obtaining a patent is dependent on multiple factors, however, let’s discuss an approximate range of costs involved at each stage from invention disclosure to grant of patent

There are two elements for the cost of getting a patent in US:

  • The costs for Patent Office (USPTO) fees for Forms, requests, and renewals.
  • Professional Charges for patent agent/attorney 

Yet to give you an approximate idea, the cost of getting a patent in US is approximately $1000 to $2,000 assuming that you have hired an experienced patent attorney in US who is the right fit for your subject matter of invention and its complexity. Selecting the Right patent attorney for your invention at the right cost can be a more complex process than you would have imagined.

Cost of getting a Patent in United States (US):

There are two elements for the cost of getting a patent/filing patent in US: 

  1. The Government fees for Forms, requests, and renewals.
  2. The Attorney fees for patent professionals

Here is the short answer for the attorney fees required to file patent in US :

  • Novelty Search ($250 to $ 400)
  • Provisional patent application drafting ($400 to $600)
  • Non-provisional Patent drafting (from $1000 to $1,500) and after 1 to 2 years official fees $364 (micro
    entity)
  • Responding to office actions (from $600 to $800) based on the number of objections received and its complexity. 
  • Notice of allowance (grant of patent) professional fees $100 – Official fees $240 (micro
    entity)

The Steps, Procedure, Timeline and Cost for Patent in US given in a table format :

Note: steps highlighted in Orange color are either optional step or depends on case to case and are not mandatory to happen

Sr.Stages for Patent  (links for more details)Professional feesGovernment FeesTime required
1How to go from Idea to Invention disclosure? Do I need patent agent of attorney–––
2Signing Non-Disclosure Agreement  (NDA)––10 minutes to sign
3Patentability / Novelty Search  (Optional step)$250
to $400		–5 days
4Drafting Complete Patent Application $1000
to $1500		10 – 12 days
5Filing patent application $200$364 (micro
entity)		1 – 2 days
6Publication of patent application ––After 12 months
7Examination of patent application  /
Faster prioratised Examination is (Optional )

First time filer prioratised examination

Track one prioratised examination
 $200– First time filer prioratised examination ($ 0 ) micro entity

– Track one prioratised examination ($840) micro entity		upto 1 Year
8Office Action and Response$800––
9Grant of patent / Notice of Allowance$100$240 (micro
entity)		Depends on pendency at USPTO

Stage 1: invention disclosure

This is the initial phase when you (the inventor) disclose your invention to the patent attorney you selected to work with (patent agent) by signing a Non-disclosure agreement. This agreement is to ensure the confidentiality of your invention and there are no charges for signing NDA.

When writing Invention disclosure for your invention you should submit each know fact about your invention, description diagrams, and experimental results (if any). Hold nothing back. The disclosure of the invention must be 

  • described in substantial details
  • includes pictures, flowcharts, and diagrams where ever applicable
  • Optionally includes experimental data proving novelty and non-obviousness
  • Charts and tables about research and development 

This helps patent attorneys in patent research as well as the drafting process.

Stage 2: Novelty Search / Patentability Search

Simple inventionComplex inventionVery complex invention
$250$300$400

In this phase, the patent attorney/agent performed an extensive search for prior art in all possible databases for patents, articles, theses, etc… And builds a patentability search report based on the closest prior art found for your invention.

Although an optional step, Doing a novelty search for your invention can really save you thousands of dollars for involving in the patent process for an invention that is not novel and already known to the public.

The approximate cost for a novelty search is in the range of $250 to $400 and the time required for a novelty search is about 1 to 2 weeks.

The patent attorney generally prefers to have an independent opinion about the novelty search so most of them outsource it to a patent researcher.

Stage 3: Opinion about patentability

Upon receiving the novelty search report for your invention, the next step is a critical review by a patent attorney to build an opinion about the patentability of your invention. Here the cost defers based on the complexity of the invention and a number of closely associated prior arts found in the research. This opinion tells you (the inventor) whether it would be wise to proceed with patent filing or not.

Cost: the cost for providing a patentability opinion ranges from $100 to $200
Time required: The time required for providing patentability opinion ranges from 3-4 hours to a couple of days based on the complexity of the invention and prior arts cited in the novelty search report

On reviewing the patentability search report and discovering the closest prior arts for your invention you can make a decision on whether to go ahead with patent application filing. Your patentability opinion should be positive, that is, your invention needs to have an “inventive step” as compared with existing prior art to be able to qualify for a patent.

When you decide to go ahead with patent filing next step is writing a patent application also called patent drafting.

Type of inventionPatent SearchesNon-provisional Patent ApplicationsProvisional Patent Applications
Simple invention$250$1000$400
Complex invention$300$1200$500
Very complex invention$ 400$1500$600

The official fees structure mentioned at USPTO website.

Stage 4: Patent writing or patent drafting

4 (a) drafting Provisional Patent application in US:

Simple inventionComplex inventionVery complex invention
$400$500$600

4 (b) drafting Non-Provisional (complete) Patent application in US:

Simple inventionComplex inventionVery complex invention
$1000$1200$1500

Drafting a patent application is a specialized job and requires both technical (field of the invention) and legal (US patent law) understanding. A patent is a techno-legal document. Many inventors trying to write a patent application on their own write it from a completely technical perspective. Writing a patent application as a technical document without considering the legal aspect may be a mistake that can make your application not worth a lot. And all the efforts you took for research and development can go to waste.

Hence, a right patent attorney with appropriate experience can remarkably add value to a patent application.

If you are still thinking, about whether you would be saving a few thousand dollars by writing and filing your patent application on your own (without the help of a patent attorney) our section would help you decide if you can go for patent drafting and filing on your own (Do it yourself) or do I really need to hire a patent attorney for writing and filing patent application?

Drafting a patent application is the most important step in the entire life cycle of a Patent for the protection of your invention. This is the step where the real skills of a patent attorney come into play as patent drafting is: 

  • the most time consuming
  • most complex
  • and skillful task that requires years of experience in technology as well as patent law 

Cost: The cost for drafting a patent application in the US varies a great deal as it is dependent on multiple factors like a field of invention and complexity and the cost can range from $1000 to $1500.

Time required: it takes about 1 to 2 weeks time for a patent attorney to draft an application for an invention. It certainly can take more time based on complexity, length of description, and availability of the patent attorney.

Stage 5: Filing Patent application

Patent filing involves patent office fees as explained in the table below

Government filing fees for Provisional application in the US

Large entitySmall entityMicro entity
$300$120$60

Filling Fees for Non-provisional Patent Application

Large entitySmall entityMicro entity
$1,820$664$364

When you are done with the review of the patent drafted and satisfied with the scope and technical details in the patent application, you can file the patent application at USPTO, with appropriate forms with appropriate fees. Publication of patent application occurs after the expiration of an 18-month period following the earliest effective filing date or priority date claimed by an application.

Stage 6: Patent Examination

Patent examination fees are as following

Large entitySmall entityMicro entity
$800$320$160

After the application is filed, the U. S. Patent Office takes the application up for examination (usually in about 12-36 months). In this stage, patent examiners at USPTO conduct their own search related to your invention (patent application) and issue an office action.

Examination of a patent application is a critical step in the patenting process, where the patent office reviews the application to determine if it meets the legal requirements for patentability, including novelty, non-obviousness, and utility.

For applicants seeking expedited processing, a faster, prioritized examination is available as an optional service.

First-time filers prioritized examination, particularly those qualifying as micro entities, can benefit from a prioritized examination with no additional fee under certain conditions, providing a cost-effective route to quicker patent issuance.

Additionally,

Track One prioritized examination allows applicants to receive a final disposition within approximately one year, albeit with a fee of $840 for micro entities. This option significantly accelerates the examination process, enabling inventors and businesses to secure patent rights more swiftly, which can be crucial for maintaining a competitive edge in the market.

Stage 7: Office action

Office action contains the objections raised about your patent application by the patent examiner, which can range from a variety of objections. You (the inventor) have a chance to respond to objection and put your side in front of the examiner, this is something called “response to office actions” In most cases, the response is drafted with the help of your patent attorney.

This is a chance for an inventor to communicate his novelty or inventive step over prior arts found in the examination report. The inventor and patent attorney create and send a response to the office action that tries to prove that his invention is indeed patentable and satisfies all patentability criteria.

or optionally modifies the claims accepting objections raised, that is the applicant may amend the patent application as specifically required by the examiner and proceed with the grant of the patent.

The patent attorney charges anything from $600 to $800 for a response to an office action.

Stage 8: Grant of Patent / Issue of Patent

The patent is granted to you (inventor) if it is found to be meeting all patentability requirements !!! or it may be rejected if it happens to not meet patentability criteria.

If a patent application is found to be in the order of grant a Notice of Allowance and Fee(s) Due will be sent to the applicant, or to the applicant’s patent attorney. a fee for issuing the patent and if applicable, for publishing the patent application publication.

DescriptionFeeSmall Entity FeeMicro Entity Fee
Utility issue fee$1200$480$240

Stage 9: Renewal of patent fees

Once the patent is granted, it will be valid for up to 20 years from the date of filing the application. Inventors are required to pay a maintenance fee periodically to maintain the patent in force. 

for details about fees you may check USPTO patent fees

For details on steps and procedures for getting a patent in the US refer to sections in the list below

Selecting the right patent attorney for your invention

for more information on the process, the inventor should follow while selecting the right patent attorney in US to work with and regarding deciding whether to go for the most expensive attorney or the most economic attorney for patenting your invention check our section on 

Prasad Karhad
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