Filing and obtaining a patent is a time-intensive, often expensive process that should be thoroughly researched before being initiated. Note that a Supplemental IDS should be filed with the references if you become aware of any references which are relevant to patentability during the pendency of the patent - for example if a foreign patent office cites patents against a foreign counterpart of the US application or if the USPTO cites art in a related US application. You will have 3 months to respond to the Office Action by amending the application, arguing against the rejections, or both. This estimate is based on the average charges in the recent past. This estimator should serve as a guide, and is as good an estimate as we can prepare, but you should realize that the fees you will actually pay may vary widely from these, depending on the individual circumstances of your invention. If the foreign application is in another language than English, please indicate how many claims there are, and how many of the claims are independent, if possible, so that we can calculate the USPTO filing fee correctly. The application will be published exactly as it was filed - no changes after filing will be included in the publication. Copyright JacksonWhite PC, 2019, All Rights Reserved |, Complexity of the invention being patented, The type of patent application being filed. We often quote this service as part of drafting a patent application, or charge hourly to review and/or expand the search strategy and results. 
Also, many of the costs are related to the details of your patent application (number and arrangement of claims, number of pages, and so on). Ithaca, NY 14850, We recommend that you start by downloading and filling out our. Amounts unpaid after 30 days will be charged a service charge at the rate of 1.5% per month. There are also additional fees for filing DNA sequence listings, deposits of biological materials, CDROM listings etc, which might be required on very complex or specialized applications. It's a good way to get your thoughts in order about your invention, and to provide us with the information we'd need to search your invention. Exchange Rate Buffer:Most foreign agents expect to be paid in their home currencies, but our clients pay us in US Dollars. Once the EPO patent issues, it may then be registered in those European countries in which you will want protection, and will need to be translated into the appropriate languages for those countries. Drawing: The drawing standards at the USPTO have become more liberal in recent years. The cost for this varies on the scope of the search, as well as the industry and complexity of the invention. You can get an objective view of these by also discussing them with an attorney, whos industry experience may give you immediate insight into your potential costs. Most of our individual and small business clients prefer the fee quote approach, while large corporations prefer hourly billing. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. The application will be published exactly as it was filed - no changes after filing will be included in the publication. There are also additional fees for filing DNA sequence listings, deposits of biological materials, CDROM listings etc, which might be required on very complex or specialized applications. We can file US counterparts to foreign patent applications, and handle the US National Phase of PCT applications filed in other countries. Non-Publication:You may request that the application should not be published. You can file in the US Patent and Trademark Office, and can delay your deadline for foreign filing up to 30 months (or more, in some countries) from the date of your US patent application. If you cannot supply a copy of a reference and we need to procure it elsewhere, there might be additional fees from document suppliers. Legal Fees:Assuming we will prepare a provisional application which is basically a complete utility application except for the claims, the cost of preparing a Provisional is not much less than that for a normal utility application. To further add to the argument for e-filing, a $200 USPTO penalty fee applies to new applications which arenote-filed. Mesa Most USPTO fees can be expected to change (usually increase) over time. . We can assist you in foreign filing, through a network of foreign agents with whom we work. are required, there will be additional time and PTO fees involved, which are impossible to estimate in a general way. Mechanical or electrical invention of average complexity: $5,000-9,000. 
We usually recommend the use of a professional drafting service - the one we use charges $100-175 per page. 
170 Be forewarned - international patenting is not for the faint of heart or weak of pocketbook. We can still do complete patentability searches, if you need that service. We can accept payment by wire transfer - e-mail for details. Note that these applications are encountering longer than normal processing delays in the Patent Office, due to the huge volume being filed and the sensitivity of the PTO to criticism of some recently issued patents. Preparation of Utility Application from Provisional: Legal fees for preparation and filing Design Patent Application. There is no USPTO recording fee if the recording is done electronically (which we always do). Mesa, AZ 85201, Scottsdale If there is a need for faster service, we can arrange for a service in Washington to do the USPTO search, with results in two weeks or so. Finally, of course, there is no guarantee as to the number of times which we may need to respond to the Patent and Trademark Office (USPTO), or if it may become necessary to appeal a rejection, or if your patent application will ever issue as a patent at all. A design patent covers the novel appearance of a useful item. The application may be filed in English. After the expiration of the 30 months (or more) you will need to file national (or regional) patents in whatever countries in which you decide to pursue protection. For filing anyutility application, the following fees must be paid when the application is filed: Assignment: If your application is to be assigned (that is, it will be owned by someone other than the inventor(s)), add $200 legal fees for preparing and recording the assignment. The sketchier the Provisional Application was, and the more additional material added in the final application, the more the final application will cost - up to the cost of preparing the application from scratch, in some cases, which is why we usually recommend filing the conventional application in the first place. The cost of the search covers the initial consultation, the search report with copies of the patents and other references we found, a patentability opinion, and a meeting after the search if the inventor requests it. Though there are many different types of patent applications, well talk about two for simplicitys sake: provisional and nonprovisional patent applications. The cost to file a PCT application is approximately $4,000, mostly in government fees - contact Brown & Michaels for a specific quote on your application. Call ore-mailif you need a quote on a rush search. Heres how each one will affect your patent filing expenses. Expect additional costs later on for analyzing and responding to foreign office actions, docketing and paying maintenance fees (annuities), etc. JacksonWhite Law offers a full range of legal services to assist individuals, families and businesses in achieving success through out the state of Arizona on a wide range of legal matters. Within the date limitations of the available databases, records of published PCT, Japanese and EPO applications, as well as some issued patents and published applications from a number of other countries can be searched for an additional charge, usually 50% of the base search fee - ask for a quote if you are interested in this service. In either case, your patent application will have to be effectively prepared in order to be granted. If you are requesting a quote for National Phase filing of a PCT application, be sure to provide the PCT publication number (WOxxxxxx) when requesting the quote- we can get a copy of the PCT publication online to help us estimate the cost. We accept VISA and MasterCard. For example, if it is necessary to file the application with "missing parts" (for example, if we do not receive a signed declaration form in time), or informal drawings, there are additional fees for filing forms or formal drawings separately. If you have already filed a patent application in a country other than the USA, and are planning to file an application in the US Patent and Trademark Office based on that foreign application, we have aspecial sectionof this estimator for those fees. Some clients prefer us to file their applications as they were filed in their own countries, using translations prepared by their translators, and have us do nothing more than review the claims for form and obvious mistranslations. Infringement and validity opinions (does your product infringe a given patent?) For example, if it is necessary to file the application with "missing parts" (for example, if we do not receive a signed declaration form in time), or informal drawings, there are additional fees for filing forms or formal drawings separately. The difference will be made up later, and probably more, when we prepare the conventional application based on the provisional. Two important factors that will affect your patent filing costs are: Though there are many other issues involved, these can give you a better idea of how much your costs will likely be. The following fees are broad ballpark estimates based on past experience,and assume that you have supplied a detailed description and (if appropriate) drawings of your invention. There may be fees and surcharges for your application if it is not complete if you have to send in additional documents after the application has already been prepared. Be sure to include sketches of the invention, where you can, and provide as many alternatives and variations as possible. Patent search. 5635 N. Scottsdale Rd, Ste. 
40 N Center St Suite 200 The United States Patent and Trademark Office (USPTO) offers a free patent search and database system to the public, available here. The process of searching patents has changed dramatically since our firm began over twenty years ago. If we have not previously reviewed some or all of the references and you would like for us to review them, we will provide a quote for reviewing the references. But it can also mean extra costs if you eventually file a regular nonprovisional application. Post-filing fees. The actual fee is based on time spent, and will vary based on complexity of the invention, state of the art, number of revisions required, etc. The cost to file is similar to that for filing in one single country ($10,000-$15,000). page to see if this form of filing is really appropriate to your situation. are much more expensive and time consuming. This will allow him or her to properly draft the application or response to avoid this art. We are now e-filing all of our filings which can be filed electronically - which basically is almost all US patent "paperwork", except for a very few things in which originals need to be filed - certified copies of foreign applications, CD-ROM or microfilm appendices, videos, etc. There is a separate service fee of $350 for preparing and filing an Information Disclosure Statement with up to 20 references. Fill out the form below to get your consultation and discuss your best legal options. Office Actions:About 18-24 months after you file your application, your application will be examined by a Patent Examiner, and almost always will be rejected to some extent (85-90% of applications receive at least one office action). Fees are subject to change without notice. Although estimating an exact cost of filing a patent is difficult, you can at least get an idea of what costs youre likely to incur during the process. Many countries have extra fees to request examination, and most have annual fees (annuities or maintenance fees) payable during the pendency of the application and/or after the patent issues. USPTO filing fees, drafting, etc., for filing a utility application based on a Provisional will cost asabove. Because a Provisional needs to be as complete as a "regular" application, if it is to be considered "enabling" (that is, if you can rely on it later for the filing date), if we prepare the application from a disclosure, the cost is not much less than a conventional application. are required, there will be additional time and PTO fees involved, which are impossible to estimate in a general way. The Breakdown: Filing a 12-month provisional patent application can save money upfront, and may be useful for inventors still perfecting or researching their inventions. PCT and available foreign material(EPO, Japan, etc): The prices above are for searches in the USPTO files (issued US patents and published applications), only. Europe: If you are interested in filing in three or more European Union countries, significant savings can be achieved by filing an EU patent application through the European Patent Office (EPO). You will need to file for a patent in each country in which you will want patent protection. Complex electronic or computer inventions: $8,000-12,000. We are happy to provide firm quotes for specific work once we have reviewed your disclosure or the work to be done. In addition, the following fees will apply: Other Documents and Processing:Fees for preparation of other documents required after filing, if any, are billed as the documents are filed, usually amounting to $200-300 in additional costs. For more complex drawings, or if artistic talent is required, we use a drafting service. During the life of the patent, you have to pay periodic maintenance fees to keep the patent from expiring. Supplying "Prior Art" to the USPTO - the Information Disclosure Statement: Fees for preparation of other documents required after filing, if any, are billed as the documents are filed, usually amounting to $200-300 in additional costs. We recommend that you start by downloading and filling out ourInvention Disclosure Form. This is especially true for costs after the patent has been granted if you face litigation or other legal issues that require action on your part to protect your patent, you could be looking at thousands of dollars in patent costs. : Because we must work through patent attorneys in each country, and often must forward fees on short notice, we require that all foreign application fees be paid in advance, and will request additional advances as prosecution proceeds. Given the close relationship of the Canadian and US economies, we recommend Canadian filing even if you do not intend to pursue any other foreign rights. Within the date limitations of the available databases, records of published PCT, Japanese and EPO applications, as well as some issued patents and published applications from a number of other countries can be searched for an additional charge, usually 50% of the base search fee - ask for a quote if you are interested in this service. Please note that while we do not mark up foreign agents' bills - you are responsible for paying their charges as they bill them - we do charge a fee of $975 per country at the time of filing to cover our time spent corresponding with foreign agents, assembling documents, docketing deadlines and so on. If you have any questions on e-filing, feel free toask Brown & Michaels. In the end, preparation and filing of a utility application based on a Provisional is more like preparing a brand new application based on a fairly good disclosure than just writing claims, and the cost is not much different from that. All outstanding patent application fees, including the PTO fees, must be paid before filing of the patent application, unless a payment schedule has been worked out in advance of starting the preparation of the patent. Draftsman's fees are usually $100-175 per figure, depending on complexity, and are passed through without markup. Choosing the provisional application may reduce your costs upfront, but it can also increase your long-term costs, too. Rush Searches:We believe we can offer superior service to our clients through being able to actually interact with the inventor before and after the search, so if the time is not a major issue we prefer to do the search ourselves. Fax: (480) 464-5692. To some degree, the cost of preparing the application is under your control - the more work you do before we start, and the better thought-out your disclosure is, the less time we have to spend drafting the application, and hence the lower the fee will be. For more complex drawings, or if artistic talent is required, we use a drafting service. Our fees for these services will depend upon what level of services you request. : If you know you will want some foreign protection, but are not sure where, or you want to delay the major costs of foreign prosecution until you have some idea of how the US patent application will fare or until you have established a market here, consider the. The cost of a complete patentability search of US patents and published applications starts at about $1,800 for a simple mechanical invention, and is more expensive for more complicated technologies. We will provide project quotes on individual cases, when we have seen the foreign application and can properly estimate the work involved. As a very general ballpark estimate, a response to a relatively uncomplicated office action is usually in the $1,900-$4,500 range. If there are a large number of claims to amend, or many references cited by the Examiner, or if we need to prepare affidavits from experts or have personal interviews with the examiner, or if appeals, etc. It offers patent pending status and protection like a regular patent, but provisional patent applications are not subject to the same examination and waiting period. We can prepare utility patent applications on either an hourly rate or a fixed fee quote basis, at your choice. : A Canadian application corresponding to a US application can be filed for about $1,500 (depending on the exchange rate). Others prefer to have us essentially rewrite the application in colloquial technical English and US claim form and structure. Allow 3-4 months after paying the issue fee for the patent to issue. However, you may only make this requestat the time of filing the application, and only if the application has not been, and never will be, filed in a foreign country which requires publication, or through thePCT. It's your choice. Rarely is a patent application granted without any rejections. You can file in the US Patent and Trademark Office, and can delay your deadline for foreign filing up to 30 months (or more, in some countries) from the date of your US patent application. Preparation of Utility Application from Provisional:Most often, by the time the utility application is filed, there are significant changes and additions to the disclosure, and the inventor has come up with additional embodiments which will require additional drawings. If your invention is in an industry that is relatively new, your patent application may need more background information and drawings to explain all the functions and designs youre looking to patent. Patent applications written for other countries, or originally filed in other languages and translated, will usually need revision to meet US Patent Office standards, especially in the claims section. The more work you do before we start, the less time we have to spend. Draftsman's fees are usually $100-175 per figure, depending on complexity, and are passed through without markup. The search fee must be paid in advance. Peoria, AZ 85381, Phone: (480) 464-1111 A provisional application is different from a nonprovisional patent in that it is temporary, lasting only 12 months. Given the close relationship of the Canadian and US economies, we recommend Canadian filing even if you do not intend to pursue any other foreign rights. Patent processing is complicated and it often happens that a required part or document must be included after the initial preparation. Our office charges a fee (currently $275) for tracking these fees and reminding clients when it's time to pay them, and filing the fee. View the current patent fee schedule from the USPTO. Canadian practice is straightforward, and correspondence can be conducted in English, all of which makes Canada a real bargain. Pleasee-mailor call for a quote. Maintenance Fees:Once the patent issues, it will be valid for up to 20 years from the date of filing the application (from the date of the earliest non-provisional application in the chain, if this is a continuation, continuation in part or divisional application). It is not really possible to accurately estimate the total cost of foreign filing in a generalized way, since it varies so widely depending on what countries are chosen, what method of filing is pursued, the fees of foreign patent attorneys in each country, exchange rates, translations, etc. Note that the fees below are for "Small Entities"(individuals, nonprofits, companies with under 500 employees). A fullPatent Office fee scheduleis available on this website. Faster service is possible, if there is a need, but may cost more. Complicated inventions will also require more drawings, and if youre hiring a professional draftsperson to do the work which is highly recommended this will also increase your costs. Biotech or Chemical inventions may be expected to cost upwards of $8,000-20,000 with the required DNA sequence listings, etc. Note: this section deals with Patentability Searches - that is, a search for patents which would affect the patentability of your invention. All this leads to more billed hours for the attorney preparing your patent application, and this will be reflected in your filing costs. While there areover 130 countries who are members of the PCT, not all are - check if your country belongs to the PCT before considering PCT filings. Allow 2-3 months for preparation of application. If paying by credit card, please provide the card number, security code (3-digit number from the back of the card), expiration date, account name and billing address, and an authorization to charge your card for a specific amount. Our fees for preparing a response are based on time, and are usually in the $700-1,500 range. These action items can be costly, especially if there are multiple issues. If you are not certain if you qualify for "small entity" or "micro entity" treatment, see our"how to tell if you are a small or micro entity" page. On average, the fixed fee might be slightly higher than hourly rate, but you avoid the risk that the time spent exceeds the estimate. 
The rejections may be as to matters of form, or the Examiner may have found patents in his search which he feels are identical to your invention, or which might render your invention obvious. This can be helpful if you still need to acquire funding for a regular patent, or if youre still testing the sustainability and marketability of your invention. If there are more than 20 references, an additional preparation fee will be quoted. 
Electronic Filing:Brown and Michaels began e-filing applications within a week after EFS-web became available, many years ago. PTO Fees:The following fees are to be paid at filing: Office Actions:About 6-9 months after you file your application, your application will be examined by a Patent Examiner, and almost always will be rejected to some extent (85% or more of applications receive at least one office action). Filing a provisional application costs less upfront, but if you plan on filing a nonprovisional application in the future, it essentially adds to your overall costs. For that reason, most of our search work is follow-up to a preliminary search done by the inventor. The 18 months is measured from theearliestfiling date in the history of the application, so if you filed a provisional application first, or if the utility application is a continuation, continuation-in-part or divisional of an earlier utility application will be published 18 months after the earliest filing date in the chain of applications. If affidavits from experts, personal interviews with the examiner, appeals, etc. We can try to give you an estimate once you have a US application on file. or clearance opinions (does your proposed product potentially infringe any currently valid US patent?) If drawings are simple enough, or you can provide drawings which can be scanned and filed, they will be prepared as part of the application fee (see above). This is often the case when you use an attorney by the hour your ultimate legal costs will depend on how much time it takes your attorney to properly document and prepare your application.
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Also, many of the costs are related to the details of your patent application (number and arrangement of claims, number of pages, and so on). Ithaca, NY 14850, We recommend that you start by downloading and filling out our. Amounts unpaid after 30 days will be charged a service charge at the rate of 1.5% per month. There are also additional fees for filing DNA sequence listings, deposits of biological materials, CDROM listings etc, which might be required on very complex or specialized applications. It's a good way to get your thoughts in order about your invention, and to provide us with the information we'd need to search your invention. Exchange Rate Buffer:Most foreign agents expect to be paid in their home currencies, but our clients pay us in US Dollars. Once the EPO patent issues, it may then be registered in those European countries in which you will want protection, and will need to be translated into the appropriate languages for those countries. Drawing: The drawing standards at the USPTO have become more liberal in recent years. The cost for this varies on the scope of the search, as well as the industry and complexity of the invention. You can get an objective view of these by also discussing them with an attorney, whos industry experience may give you immediate insight into your potential costs. Most of our individual and small business clients prefer the fee quote approach, while large corporations prefer hourly billing. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. The application will be published exactly as it was filed - no changes after filing will be included in the publication. There are also additional fees for filing DNA sequence listings, deposits of biological materials, CDROM listings etc, which might be required on very complex or specialized applications. We can file US counterparts to foreign patent applications, and handle the US National Phase of PCT applications filed in other countries. Non-Publication:You may request that the application should not be published. You can file in the US Patent and Trademark Office, and can delay your deadline for foreign filing up to 30 months (or more, in some countries) from the date of your US patent application. If you cannot supply a copy of a reference and we need to procure it elsewhere, there might be additional fees from document suppliers. Legal Fees:Assuming we will prepare a provisional application which is basically a complete utility application except for the claims, the cost of preparing a Provisional is not much less than that for a normal utility application. To further add to the argument for e-filing, a $200 USPTO penalty fee applies to new applications which arenote-filed. Mesa Most USPTO fees can be expected to change (usually increase) over time. . We can assist you in foreign filing, through a network of foreign agents with whom we work. are required, there will be additional time and PTO fees involved, which are impossible to estimate in a general way. Mechanical or electrical invention of average complexity: $5,000-9,000. We usually recommend the use of a professional drafting service - the one we use charges $100-175 per page. 170 Be forewarned - international patenting is not for the faint of heart or weak of pocketbook. We can still do complete patentability searches, if you need that service. We can accept payment by wire transfer - e-mail for details. Note that these applications are encountering longer than normal processing delays in the Patent Office, due to the huge volume being filed and the sensitivity of the PTO to criticism of some recently issued patents. Preparation of Utility Application from Provisional: Legal fees for preparation and filing Design Patent Application. There is no USPTO recording fee if the recording is done electronically (which we always do). Mesa, AZ 85201, Scottsdale If there is a need for faster service, we can arrange for a service in Washington to do the USPTO search, with results in two weeks or so. Finally, of course, there is no guarantee as to the number of times which we may need to respond to the Patent and Trademark Office (USPTO), or if it may become necessary to appeal a rejection, or if your patent application will ever issue as a patent at all. A design patent covers the novel appearance of a useful item. The application may be filed in English. After the expiration of the 30 months (or more) you will need to file national (or regional) patents in whatever countries in which you decide to pursue protection. For filing anyutility application, the following fees must be paid when the application is filed: Assignment: If your application is to be assigned (that is, it will be owned by someone other than the inventor(s)), add $200 legal fees for preparing and recording the assignment. The sketchier the Provisional Application was, and the more additional material added in the final application, the more the final application will cost - up to the cost of preparing the application from scratch, in some cases, which is why we usually recommend filing the conventional application in the first place. The cost of the search covers the initial consultation, the search report with copies of the patents and other references we found, a patentability opinion, and a meeting after the search if the inventor requests it. Though there are many different types of patent applications, well talk about two for simplicitys sake: provisional and nonprovisional patent applications. The cost to file a PCT application is approximately $4,000, mostly in government fees - contact Brown & Michaels for a specific quote on your application. Call ore-mailif you need a quote on a rush search. Heres how each one will affect your patent filing expenses. Expect additional costs later on for analyzing and responding to foreign office actions, docketing and paying maintenance fees (annuities), etc. JacksonWhite Law offers a full range of legal services to assist individuals, families and businesses in achieving success through out the state of Arizona on a wide range of legal matters. Within the date limitations of the available databases, records of published PCT, Japanese and EPO applications, as well as some issued patents and published applications from a number of other countries can be searched for an additional charge, usually 50% of the base search fee - ask for a quote if you are interested in this service. In either case, your patent application will have to be effectively prepared in order to be granted. If you are requesting a quote for National Phase filing of a PCT application, be sure to provide the PCT publication number (WOxxxxxx) when requesting the quote- we can get a copy of the PCT publication online to help us estimate the cost. We accept VISA and MasterCard. For example, if it is necessary to file the application with "missing parts" (for example, if we do not receive a signed declaration form in time), or informal drawings, there are additional fees for filing forms or formal drawings separately. If you have already filed a patent application in a country other than the USA, and are planning to file an application in the US Patent and Trademark Office based on that foreign application, we have aspecial sectionof this estimator for those fees. Some clients prefer us to file their applications as they were filed in their own countries, using translations prepared by their translators, and have us do nothing more than review the claims for form and obvious mistranslations. Infringement and validity opinions (does your product infringe a given patent?) For example, if it is necessary to file the application with "missing parts" (for example, if we do not receive a signed declaration form in time), or informal drawings, there are additional fees for filing forms or formal drawings separately. The difference will be made up later, and probably more, when we prepare the conventional application based on the provisional. Two important factors that will affect your patent filing costs are: Though there are many other issues involved, these can give you a better idea of how much your costs will likely be. The following fees are broad ballpark estimates based on past experience,and assume that you have supplied a detailed description and (if appropriate) drawings of your invention. There may be fees and surcharges for your application if it is not complete if you have to send in additional documents after the application has already been prepared. Be sure to include sketches of the invention, where you can, and provide as many alternatives and variations as possible. Patent search. 5635 N. Scottsdale Rd, Ste. 40 N Center St Suite 200 The United States Patent and Trademark Office (USPTO) offers a free patent search and database system to the public, available here. The process of searching patents has changed dramatically since our firm began over twenty years ago. If we have not previously reviewed some or all of the references and you would like for us to review them, we will provide a quote for reviewing the references. But it can also mean extra costs if you eventually file a regular nonprovisional application. Post-filing fees. The actual fee is based on time spent, and will vary based on complexity of the invention, state of the art, number of revisions required, etc. The cost to file is similar to that for filing in one single country ($10,000-$15,000). page to see if this form of filing is really appropriate to your situation. are much more expensive and time consuming. This will allow him or her to properly draft the application or response to avoid this art. We are now e-filing all of our filings which can be filed electronically - which basically is almost all US patent "paperwork", except for a very few things in which originals need to be filed - certified copies of foreign applications, CD-ROM or microfilm appendices, videos, etc. There is a separate service fee of $350 for preparing and filing an Information Disclosure Statement with up to 20 references. Fill out the form below to get your consultation and discuss your best legal options. Office Actions:About 18-24 months after you file your application, your application will be examined by a Patent Examiner, and almost always will be rejected to some extent (85-90% of applications receive at least one office action). Fees are subject to change without notice. Although estimating an exact cost of filing a patent is difficult, you can at least get an idea of what costs youre likely to incur during the process. Many countries have extra fees to request examination, and most have annual fees (annuities or maintenance fees) payable during the pendency of the application and/or after the patent issues. USPTO filing fees, drafting, etc., for filing a utility application based on a Provisional will cost asabove. Because a Provisional needs to be as complete as a "regular" application, if it is to be considered "enabling" (that is, if you can rely on it later for the filing date), if we prepare the application from a disclosure, the cost is not much less than a conventional application. are required, there will be additional time and PTO fees involved, which are impossible to estimate in a general way. The Breakdown: Filing a 12-month provisional patent application can save money upfront, and may be useful for inventors still perfecting or researching their inventions. PCT and available foreign material(EPO, Japan, etc): The prices above are for searches in the USPTO files (issued US patents and published applications), only. Europe: If you are interested in filing in three or more European Union countries, significant savings can be achieved by filing an EU patent application through the European Patent Office (EPO). You will need to file for a patent in each country in which you will want patent protection. Complex electronic or computer inventions: $8,000-12,000. We are happy to provide firm quotes for specific work once we have reviewed your disclosure or the work to be done. In addition, the following fees will apply: Other Documents and Processing:Fees for preparation of other documents required after filing, if any, are billed as the documents are filed, usually amounting to $200-300 in additional costs. For more complex drawings, or if artistic talent is required, we use a drafting service. During the life of the patent, you have to pay periodic maintenance fees to keep the patent from expiring. Supplying "Prior Art" to the USPTO - the Information Disclosure Statement: Fees for preparation of other documents required after filing, if any, are billed as the documents are filed, usually amounting to $200-300 in additional costs. We recommend that you start by downloading and filling out ourInvention Disclosure Form. This is especially true for costs after the patent has been granted if you face litigation or other legal issues that require action on your part to protect your patent, you could be looking at thousands of dollars in patent costs. : Because we must work through patent attorneys in each country, and often must forward fees on short notice, we require that all foreign application fees be paid in advance, and will request additional advances as prosecution proceeds. Given the close relationship of the Canadian and US economies, we recommend Canadian filing even if you do not intend to pursue any other foreign rights. Within the date limitations of the available databases, records of published PCT, Japanese and EPO applications, as well as some issued patents and published applications from a number of other countries can be searched for an additional charge, usually 50% of the base search fee - ask for a quote if you are interested in this service. Please note that while we do not mark up foreign agents' bills - you are responsible for paying their charges as they bill them - we do charge a fee of $975 per country at the time of filing to cover our time spent corresponding with foreign agents, assembling documents, docketing deadlines and so on. If you have any questions on e-filing, feel free toask Brown & Michaels. In the end, preparation and filing of a utility application based on a Provisional is more like preparing a brand new application based on a fairly good disclosure than just writing claims, and the cost is not much different from that. All outstanding patent application fees, including the PTO fees, must be paid before filing of the patent application, unless a payment schedule has been worked out in advance of starting the preparation of the patent. Draftsman's fees are usually $100-175 per figure, depending on complexity, and are passed through without markup. Choosing the provisional application may reduce your costs upfront, but it can also increase your long-term costs, too. Rush Searches:We believe we can offer superior service to our clients through being able to actually interact with the inventor before and after the search, so if the time is not a major issue we prefer to do the search ourselves. Fax: (480) 464-5692. To some degree, the cost of preparing the application is under your control - the more work you do before we start, and the better thought-out your disclosure is, the less time we have to spend drafting the application, and hence the lower the fee will be. For more complex drawings, or if artistic talent is required, we use a drafting service. Our fees for these services will depend upon what level of services you request. : If you know you will want some foreign protection, but are not sure where, or you want to delay the major costs of foreign prosecution until you have some idea of how the US patent application will fare or until you have established a market here, consider the. The cost of a complete patentability search of US patents and published applications starts at about $1,800 for a simple mechanical invention, and is more expensive for more complicated technologies. We will provide project quotes on individual cases, when we have seen the foreign application and can properly estimate the work involved. As a very general ballpark estimate, a response to a relatively uncomplicated office action is usually in the $1,900-$4,500 range. If there are a large number of claims to amend, or many references cited by the Examiner, or if we need to prepare affidavits from experts or have personal interviews with the examiner, or if appeals, etc. It offers patent pending status and protection like a regular patent, but provisional patent applications are not subject to the same examination and waiting period. We can prepare utility patent applications on either an hourly rate or a fixed fee quote basis, at your choice. : A Canadian application corresponding to a US application can be filed for about $1,500 (depending on the exchange rate). Others prefer to have us essentially rewrite the application in colloquial technical English and US claim form and structure. Allow 3-4 months after paying the issue fee for the patent to issue. However, you may only make this requestat the time of filing the application, and only if the application has not been, and never will be, filed in a foreign country which requires publication, or through thePCT. It's your choice. Rarely is a patent application granted without any rejections. You can file in the US Patent and Trademark Office, and can delay your deadline for foreign filing up to 30 months (or more, in some countries) from the date of your US patent application. Preparation of Utility Application from Provisional:Most often, by the time the utility application is filed, there are significant changes and additions to the disclosure, and the inventor has come up with additional embodiments which will require additional drawings. If your invention is in an industry that is relatively new, your patent application may need more background information and drawings to explain all the functions and designs youre looking to patent. Patent applications written for other countries, or originally filed in other languages and translated, will usually need revision to meet US Patent Office standards, especially in the claims section. The more work you do before we start, the less time we have to spend. Draftsman's fees are usually $100-175 per figure, depending on complexity, and are passed through without markup. The search fee must be paid in advance. Peoria, AZ 85381, Phone: (480) 464-1111 A provisional application is different from a nonprovisional patent in that it is temporary, lasting only 12 months. Given the close relationship of the Canadian and US economies, we recommend Canadian filing even if you do not intend to pursue any other foreign rights. Patent processing is complicated and it often happens that a required part or document must be included after the initial preparation. Our office charges a fee (currently $275) for tracking these fees and reminding clients when it's time to pay them, and filing the fee. View the current patent fee schedule from the USPTO. Canadian practice is straightforward, and correspondence can be conducted in English, all of which makes Canada a real bargain. Pleasee-mailor call for a quote. Maintenance Fees:Once the patent issues, it will be valid for up to 20 years from the date of filing the application (from the date of the earliest non-provisional application in the chain, if this is a continuation, continuation in part or divisional application). It is not really possible to accurately estimate the total cost of foreign filing in a generalized way, since it varies so widely depending on what countries are chosen, what method of filing is pursued, the fees of foreign patent attorneys in each country, exchange rates, translations, etc. Note that the fees below are for "Small Entities"(individuals, nonprofits, companies with under 500 employees). A fullPatent Office fee scheduleis available on this website. Faster service is possible, if there is a need, but may cost more. Complicated inventions will also require more drawings, and if youre hiring a professional draftsperson to do the work which is highly recommended this will also increase your costs. Biotech or Chemical inventions may be expected to cost upwards of $8,000-20,000 with the required DNA sequence listings, etc. Note: this section deals with Patentability Searches - that is, a search for patents which would affect the patentability of your invention. All this leads to more billed hours for the attorney preparing your patent application, and this will be reflected in your filing costs. While there areover 130 countries who are members of the PCT, not all are - check if your country belongs to the PCT before considering PCT filings. Allow 2-3 months for preparation of application. If paying by credit card, please provide the card number, security code (3-digit number from the back of the card), expiration date, account name and billing address, and an authorization to charge your card for a specific amount. Our fees for preparing a response are based on time, and are usually in the $700-1,500 range. These action items can be costly, especially if there are multiple issues. If you are not certain if you qualify for "small entity" or "micro entity" treatment, see our"how to tell if you are a small or micro entity" page. On average, the fixed fee might be slightly higher than hourly rate, but you avoid the risk that the time spent exceeds the estimate. The rejections may be as to matters of form, or the Examiner may have found patents in his search which he feels are identical to your invention, or which might render your invention obvious. This can be helpful if you still need to acquire funding for a regular patent, or if youre still testing the sustainability and marketability of your invention. If there are more than 20 references, an additional preparation fee will be quoted. Electronic Filing:Brown and Michaels began e-filing applications within a week after EFS-web became available, many years ago. PTO Fees:The following fees are to be paid at filing: Office Actions:About 6-9 months after you file your application, your application will be examined by a Patent Examiner, and almost always will be rejected to some extent (85% or more of applications receive at least one office action). Filing a provisional application costs less upfront, but if you plan on filing a nonprovisional application in the future, it essentially adds to your overall costs. For that reason, most of our search work is follow-up to a preliminary search done by the inventor. The 18 months is measured from theearliestfiling date in the history of the application, so if you filed a provisional application first, or if the utility application is a continuation, continuation-in-part or divisional of an earlier utility application will be published 18 months after the earliest filing date in the chain of applications. If affidavits from experts, personal interviews with the examiner, appeals, etc. We can try to give you an estimate once you have a US application on file. or clearance opinions (does your proposed product potentially infringe any currently valid US patent?) If drawings are simple enough, or you can provide drawings which can be scanned and filed, they will be prepared as part of the application fee (see above). This is often the case when you use an attorney by the hour your ultimate legal costs will depend on how much time it takes your attorney to properly document and prepare your application.
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