Factors That Influence the Cost of a Patent Pending Application

In certain instances, companies may opt not to pursue the costly process of securing patent protection. They may instead wait for their invention to have commercial value before investing in this step.

Delays do not always result in a loss of commercial value for the inventor, but they do cost money to market and advertise the product during this time. Furthermore, other companies can copy your invention without paying any royalties during this period.

Filing fees

When asserting your intellectual property rights, the costs associated with filing and prosecuting a patent application will depend on several factors. In addition, the type of patent necessary to protect that intellectual property can significantly influence how much this process ultimately costs.

The costs of a patent application are typically divided into three components: filing fees, search fees and examination fees. You should factor these costs into account before making any final decisions.

Non-provisional patent application filing fees for non-provisional applications can range from $65, $130 or $260 (depending on the entity size), while search fees range between $40 and $660. These costs cover any associated with USPTO examination of your patent application as well as answering any queries raised by its examiner.

Before filing a patent application, be sure to consult with an experienced intellectual property attorney. They can inform you of your options and help avoid costly errors that could lead to an infringement lawsuit.

Some inventors mistakenly believe that by marking their products with “patent pending”, they will prevent others from copying their invention. Unfortunately, this is not always the case.

Rather, the phrase “patent pending” simply indicates that an inventor or organization is seeking to obtain a patent. Once your application is filed, you’ll receive a priority date which guarantees ownership rights to your invention. This step can be essential in the invention development cycle and provides essential legal protection for your business venture.


Filing fees and patent office fees are both essential costs to consider, but there are other elements which may influence the cost of a patent pending application. By understanding these common influences on costs, inventors and small businesses can better plan for their expenses ahead of time.


A professional patent search can save inventors money by exposing any prior art that could prevent their invention from being patented. Furthermore, these searches will determine if the invention is novel, another factor which affects the cost of a patent pending application.

Depending on the complexity of your invention, patent searches can range in cost from $1,000 to $3,000. These searches are beneficial as they often uncover inventions that an inventor may not have discovered on their own.

In addition to uncovering prior-art patents, a search can also turn up published applications that pertain to your invention. Furthermore, an experienced patent search can assist an attorney in determining if the invention truly unique and should be protected by a patent.

These searches could prove costly if they uncover a large number of similar inventions to your idea. Furthermore, these tasks require the patent searcher to read through many documents and evaluate them according to your invention’s merits.

Inventors and small businesses often attempt to avoid these costly expenses by forgoing a search. However, this can be a mistake; inventors should only opt out of this phase if they have been specifically advised by an attorney that doing so is beneficial.

Patent office fees

When filing a patent application, there are various fees that must be paid. These include search and examination fees as well as patent issuance and maintenance charges.

Fees for patent applications differ based on the invention, the patent office processing the application and whether you file electronically or by paper. They can range anywhere from several hundred dollars up to thousands of dollars.

The USPTO’s current fee schedule can be found here. While small entities typically pay half these costs, larger applicants still face substantial additional costs – and costs may even be higher for applications with many claims.

Your patent must be renewed annually to maintain its validity. As this process can take up to six months to complete, it is recommended that you renew your patent at least three months before its expiration date in order to avoid incurring late payment fees.

Another element that impacts the cost of your patent pending application is how much work needs to be done by your lawyer. Some lawyers charge hourly rates while others provide fixed cost estimates.

A fixed cost estimate is beneficial to clients as it helps them plan ahead for the patent application process and eliminates any unexpected costs that might crop up. With a fixed cost estimate, clients are assured of getting exactly what they pay for.

When filing a patent, it’s wise to reach out to an experienced patent agent, lawyer or attorney. These professionals can give you an accurate and upfront estimate of how much it will cost to complete the entire patent pending application process.

Patent attorney fees

Patent attorneys charge fees based on their work, which can significantly influence the cost of your patent pending application. Some attorneys bill by the hour or offer flat fees that include filing and prosecution of your patent application.

Once you begin working with an attorney, they typically offer a complimentary consultation to discuss fees and costs and answer any queries. This initial meeting typically lasts 15 minutes; however, any subsequent consultations with the lawyer will be charged to you.

Many patent attorneys charge by the hour, which can become expensive for small businesses with limited budgets for intellectual property legal services. Furthermore, it increases the chance that clients will end up having to pay more fees than expected due to additional time spent responding to USPTO rejections (office actions).

Another factor that could raise your patent pending application cost is hiring a draftsman or editor. These professionals create professional drawings and other documents necessary for support of the application, often taking more billed hours due to the intricate nature of patent drafting.

Finally, some patent attorneys offer capped fees, which are a combination of hourly and flat fees. With these types of charges there is always an upper limit that can be charged; thus you know exactly how much you owe before your patent application is complete.

The cost of a patent pending application varies based on several factors, including the complexity of your invention and which type of patent you wish to file. You will also have to cover filing, search and examination fees through the United States Patent and Trademark Office.


Many inventors and companies find the cost of patent protection to be prohibitive, which is why some choose to postpone applying until they are certain it’s worth the investment.

Delaying a patent can often be advantageous to inventors, as it gives them more time to respond to changes in their field. This could make their invention more valuable or enable them to craft claims that incorporate features of their creation that become industry standards or major products.

However, there are a few factors that can influence how much a patent pending application costs. One of them is how long it takes for an application to be reviewed.

It can be a lengthy and fee-driven process. Additionally, the USPTO has the authority to unilaterally suspend prosecution or postpone patent grants.

If you apply for a patent to create nuclear bomb material, the process could be delayed until the USPTO confirms it’s safe to grant the patent. While this could be costly and risky, some applicants opt to take this route.

Delays can also impact the duration of your patent pending application’s term. This is because the United States Patent and Trademark Office must make adjustments to a patent’s term when delays take place.

The USPTO calculates delays in its actions as well as dates other authorities have responded to an application. Furthermore, it takes into account appeals filed to either the Patent Trial and Appeal Board (PTAB) or a federal court for consideration when calculating delays.