How much does it cost to get a patent?

June 30, 2021

We are constantly asked how much does it cost to get a patent.

Whilst patent prosecution is an art more than a science, below are some guidelines to the process and typical cost to get a patent.

Step 1 – obtaining information

Some firms charge by the hour. We don’t charge anything for receiving and reviewing information so that we can understand the invention.

We recommend following a structured form such as an invention disclosure form. Many inventors find these forms useful. However, a technical paper of a slide deck will also do. Drawings/figures/photos are always helpful. Generally, the more written information you can share, the better.

We often conduct one or more video calls to discuss the disclosure.

Step 2 (optional) – patent search

It is common to conduct a patentability search to determine what prior art already exists in the public domain. The typical charge would be anything from $1500-2500 to for a search and patentability review.

This typically takes around 2 weeks to complete.

One thing to remember is that searches are never perfect. They don’t cover every document and we cannot accurately anticipate the document presented by the examiner in the future.

Step 3 – preparing (drafting) a patent application

There are two options when drafting a patent application:

A full, “proper”, patent application. Such an application contains a detailed specification (e.g., background, various embodiments) and figures. It also includes a set of claims, which are drafted in carefully crafted legal language. The purpose of the claims is to define the boundaries of protection that the patent seeks to achieve.

The cost of drafting a full patent application depends on the complexity of the invention. It typically ranges between $5000 (for a simple, mechanical invention) to as much as $15,000 or even more for a complex, multidisciplinary invention. Software and medical device applications which make up much of our practice are normally $7500-11,000. We offer start-ups discounts as well as volume discounts so please enquire with us.

Sometimes, the owner wants to delay the costs or cannot yet describe the invention in great detail. In such cases, one option is to choose more “lean” drafting and for example, not draft claims. The cost to prepare such a “lean” application typically ranges between $2000-4000, again based on complexity. It does come with risk though – a patent application only protects what it describes.

Step 4 – Filing

Once the application is ready, it is time to file it with a patent office. Some owners are only interested in one country whilst others have global ambitions. The patent will need to be separately submitted in each and every territory where protection is sought. However, even owners who have global interests need to start somewhere. There are 12 months after their first application to submit the same invention in other countries. These 12 months are extendable in most jurisdictions using a procedure called PCT.

If the invention was conceived in the United States, it must first be filed in the U.S. as a matter of law. If not, there are good reasons to consider the options and discuss filing strategy.

When filing a fully drafted “proper” application, it is common to file it as a utility application with the relevant patent office. The typical costs for that are between $1,000-$2000, including the government fee.

When filing a “lean” application, it is common to file it as a provisional patent application. Provisional applications are a special mechanism meant specifically for “lean applications”. These applications have no life of their own and are dependent on a future “full” application but they do establish a date that can be claimed in the later application.

Other countries do not have a “provisional patent application” but an IP owner in the UK can achieve a similar outcome by filing, for example, a UK patent applications without claims, a request for search or even paying the filing fee.

Step 5 (optional) – international expansion

As discussed above, the patent journey starts in one country. After filing the first patent application, an owner has 12 months to file applications elsewhere and maintain the same filing date. This 12 months can be extended by a further 18-19 months by using a process called PCT.

The cost of a PCT is approximately $5,000 including the official fees, the work involved with submitting the application and making some changes to the application.

The cost of submitting each national application approximately $2,000-$3,000 for English-speaking countries. In countries that are not English-speaking, a cost of translating the application needs to be taken into account and this could be thousands of dollars per countries more.

Step 6 – patent prosecution

If not accelerated, typically around 12-36 months after filing a non-provisional patent application, a patent examiner will pick up the case. The examiner will conduct a search for any relevant art and review the patent claims in the application. After the search, the examiner will draft a first communication that explains why the application is accepted or rejected. Typically, examiners need some convincing and the first communication will be a rejection. This communication will be sent to your patent attorneys.

At that point, we review the communication and can respond within several months. We can amend the claims or argue against the rejection, or both.

We will respond and once the patent office receives our response, the examiner will again determine whether the application is rejected or allowed and possibly perform another search. If the application is allowed, then they will send us a Notice of Allowance. At that point, we can pay one final fee and the application will become a patent.

However, the examiner may also reject the application again, prompting further rounds of correspondence.

This process is repeated in each jurisdiction where the patent has been filed. Unfortunately, there is no way to predict whether we will be successful in obtaining a patent or how long it ultimately may take. However, one of our “claims for fame” is that we almost always speak to the examiner early on to try and reach agreement and identify positive paths forward (this is called “an interview”). As part of our service at no additional cost, we use technology to increase the chances of prosecution to succeed. For example, we look into statistical profiles of examiner.

Based on our experience, we suggest budgeting 3-4 communications per country between years 2.5-4. When considering the cost to get a patent, you could expect to budget around $3,000 for each response.