Breaking Down the Costs of U.S. Patent Applications
Utility patents are the most common type and cover a wide range of inventions. The costs associated with obtaining a utility patent can vary significantly, with even the official fees charged by the United States Patent and Trademark Office (USPTO) differing based on factors like the type of applicant and application.
Fees paid to USPTO during application
The USPTO historically offered discounted fees for small and micro entities at 50% and 25% respectively. However, recent changes in fees do not universally adhere to this rule. The detailed USPTO fee schedule is available on the USPTO website, but generally, the costs can be broken down as follows:
USPTO filing fees
| Fee Type | Large Entity | Small Entity | Micro Entity |
|---|---|---|---|
| FILING FEES | $320 | $128 or $64* | $64 |
| SEARCH FESS | $700 | $280 | $140 |
| EXAMINATION FEES | $800 | $320 | $160 |
| Total | $1820 | $728 or $664 | $364 |
Note: The $128 small entity filing fee for a utility application is further reduced to $64 for a small entity applicant who files the application via Patent Center.
- Utility Issue Fee: Once allowed, an issue fee of $1,200 (large entity), $480 (small entity), or $240 (micro entity) is payable.
- PCT US National Stage Fee: PCT national stage filing fees are different from the above, which uses the PTO-1390 form as the transmittal letter instead of the Fee Transmittal PTO/SB/17.
Costs for professional services
- Drafting: Patent attorneys typically charge $5,000 to $15,000 to draft a utility application. More complex inventions, like those in biotechnology or software, may incur higher drafting costs. Drawings are generally expected from the inventor.
- Filing an Application: Filing services like docketing, document preparation, monitoring, etc. average around $1,000.
- Responding to Office Actions: Response costs range from $2,000 to $5,000+ per office action, depending on complexity.
- Additional Costs: Extra expenses may be incurred for items such as professional drawings, filing corrections, requests for continued examination (RCE), information disclosure statements (IDS), and other procedural requirements.
In total, the all-in cost for a relatively straightforward utility patent ranges from approximately $10,000 to $30,000. However, particularly complex cases involving numerous claims, extensive prosecution, and appeals can easily reach $20,000 to $50,000 or more.
These are general estimates and can vary based on the specific circumstances of the invention and its prosecution. Careful planning is advised to ensure sufficient budgeting for all potential expenses.