How much does a patent application cost?

I often hear the question “What will it cost to apply for a patent?”  Short answer: “it depends.” For more help and guidance on patent application cost, read on.

What does patent application cost depend on?

The patent application cost will vary primarily with the field of the invention and the complexity of the invention.  Those two factors, and which attorney you choose, will affect your costs for patent application preparation and filing most strongly.  Other factors include whether you are filing a provisional patent application or a non-provisional patent application (sometimes called a full patent application or simply a patent application), and how urgently you need to file the application.

How do the field and complexity of the invention change the price of the patent application?

It is simpler to apply for a patent on mechanical inventions – physical objects that you can hold – than for other categories of invention, and so mechanical patent applications cost less.  Expect a range of roughly $5,000 to $15,000 for mechanical devices, with that range representing the complexity of the invention.  The simplest mechanical inventions – things like a bag clip or a shelf-and-holder – will be at the bottom of that range, an improved kitchen-sink waste grinder or a folding cover for a tablet computer may be in the middle, and a medical or prosthetic device may be at the high end.  Inventions relating to physical methods (as opposed to computer-implemented methods) tend to run in the same range as mechanical inventions.

For other types of inventions, such as software, the range starts higher and goes higher, reflecting the additional inherent complexity of software patenting.  The cost of a patent application for a software-enabled invention will range from about $7,500 for a relatively simple software invention to $17,000 or more for a highly complicated invention, such as one involving medical imaging systems or telecommunications.  Biological, biochemical, and pharmacological inventions tend to run in the same range as software patent applications.

How does the cost vary for provisional patent applications or full patent applications?

The patent application cost price ranges set out above are for full patent applications.  A provisional patent application can be filed at a lower cost, in part because a provisional patent application does not need to have patent claims filed with it.  But a good patenting strategy, and a careful patent attorney, will write at least “outline” claims, so that we can be sure to provide support in the written description of the invention for every element of the eventual claims in the full patent application.  Following that strategy, a provisional patent application should cost roughly two-thirds to four-fifths of the rough cost of a full patent application.

Beware of a “bargain!”

You can also file a provisional patent application at very low cost – but that is nearly always a bad idea, as a low patent application cost almost always indicates cutting corners.  Any patent application, provisional or full, is only as good as what you put into it – literally.  Any patent application is only good to the extent you disclose your invention sufficiently for someone else to read it and practice, or carry out, your invention.  A cut-rate provisional patent application, or patent application, is usually accomplished by not writing a detailed written description, not preparing and describing detailed drawings, and not describing all variants of the invention.  Beware of any attorneys, or legal-services websites, offering to file a patent application for you for $2,000, $1,000, or less.  As with so many things, you’ll get what you pay for.

Is there ever a reason to file a bare-bones provisional patent application?

Yes: if there is some pending public disclosure of the invention, such as a investor presentation or an academic talk or publication, it is better to file a bare-bones provisional patent application than nothing at all.  The patent application cost for such a filing can be low.  But if possible, it is better to plan the patent application process so that a detailed provisional patent application or patent application can be filed in advance of the public disclosure.

What other patent application costs are there to get it filed?

To get a patent application filed, you’ll need to have patent illustrations prepared, and you’ll need to pay the USPTO’s filing fees.  Professional patent illustrations will cost roughly $75 to $125 per drawing sheet.  A simple invention may need only three or four sheets; a complicated invention may have twenty or more.  I work with my clients to create sketches of the patent illustrations you’ll need in the patent application, which helps keep costs down.  The USPTO filing fees (click here for the USPTO Fee Schedule) range from provisional patent application filing fees of $65, $130, or $260 (depending on entity size) to at least $400, $730, or $1,600 for filing, search, and examination fees for a full utility patent application (again, depending on entity size).  Click here for my post on patent applicant entity size, and how to tell if an applicant is a large entity, small entity, or micro entity.  Check back soon for an upcoming post with examples of how entity size affects USPTO fees.

Are those patent application costs expensive?

Filing for a patent application is not simple – no matter how simple you think your invention is, to get a patent will require detailed descriptions of all variants.  This will take your time and your attorney’s time.  The patent application costs above are only for filing a provisional patent application or full patent application.  For additional details on strategies and costs for “patent prosecution”, the process of getting your patent issued, check back for a future article here.

It takes money to make money.

It costs money to do it well.  To build and run a business will take money and effort, and patent protection will be only a part of your business strategy.  If it’s worth doing, it’s worth doing right.  Have questions?  I love questions.  Jump to my contact me page, and send me an email, or call now.  I look forward to hearing from you.