How to Get a Patent Without Paying a Patent Attorney
There are various methods for obtaining a patent on your invention. Some people choose to do it all themselves, while others hire a patent attorney to handle the process for them.
Both methods can be highly beneficial for your project, but the costs can differ. Here is a breakdown of provisional patent attorney costs based on the type of patent you request:
1. Filing Fee
A filing fee is a cost that must be paid to the court in order for your case to proceed. This fee helps cover expenses related to processing documents and other requests by the court, with amounts varying depending on case type and jurisdiction.
Provisional patent applications offer lower filing fees than non-provisional ones, making them more accessible for inventors who need to save money before filing a full patent application.
It also gives inventors the option to buy time to complete their full patent applications while still protecting their ideas. It should be noted, however, that provisional patent applications do not become issued patents unless an applicant files a regular non-provisional patent application within 12 months of filing date.
Inventors should factor this into their decision when selecting a provisional patent attorney. Some attorneys charge high fees for preparation and filing a provisional patent, so you may want to look into hiring an attorney who can efficiently prepare your application at an affordable cost.
In addition to the filing fee, provisional patent attorney costs include drafting claims and specifications as well as other associated expenses. These fees can range anywhere from $70 to $1400 depending on the complexity of your invention.
The preparation stage of the patent process entails understanding your invention and creating claims and specifications. At this point, patent attorneys will communicate with USPTO (United States Patent and Trademark Office) about your invention. It’s an essential step because it gives your attorney a chance to convince an examiner that your idea deserves a patent.
2. Patent Search
A patent search is one of the most essential steps an inventor can take before filing for a patent. It will help determine whether their invention is novel and non-obvious, as well as reveal any prior art that could affect your chances of being granted a patent.
Patent searches can be conducted by individuals, small businesses, or a patent attorney. The cost of the search will depend on the type of patent being applied for.
The United States Patent and Trademark Office (USPTO) maintains several patent databases that can be utilized for patent searches. These collections contain patent documents from around the globe.
These databases are invaluable and often employed by patent attorneys when looking for prior art references for your invention. These databases enable advanced searches with unique identifiers and synonyms to quickly locate relevant patents.
Once a professional searcher has identified relevant prior art, the next step is to analyze this data and offer you, the inventor or entrepreneur, legal advice as to the potential rights that could be protected through patenting. This opinion will depend on both the invention’s complexity as well as any closely associated prior arts discovered during research.
Your patent attorney can provide an opinion in both written and verbal form, providing a valuable insight into the patent process and whether your invention meets all threshold criteria for patentability. Furthermore, this insight allows you to plan ahead and make strategic decisions regarding your invention’s future development.
3. Patent Drawings
Drafting patent drawings is a critical step inventors must complete before filing for a provisional patent application. Drawings help explain and visualize an invention clearly, thus increasing its chances of being granted protection.
Inventors can either draw their own patent drawings or hire professional patent draftspeople to do it for them. Although the latter option tends to be more costly, it saves you time and stress in the process.
Draftspersons often know exactly what needs to be included in drawings and how to visually describe them for USPTO acceptance. Furthermore, they can assist in avoiding any discrepancies that might arise during the patent prosecution process, which could lead to rejection.
Most patent applications include two or more sheets of drawings to accurately depict all views of the invention. These may include exploded views, cross-sections, and blown-up partial views for specific parts.
A qualified patent illustrator should be able to depict the invention from various perspectives so the examiner can quickly comprehend it. Furthermore, they must possess extensive experience in creating patent drawings in order to increase their chances of approval by the examiner.
Another important consideration when creating patent drawings is line quality. To guarantee accurate reproduction during the patent examination process, lines and letters on the drawings must be thick and durable.
Furthermore, patent drawings must include the correct numbering and lettering for various views of the invention. These should be organized in a sequential order that makes it simple for an examiner to identify each view; any inconsistencies with these elements could result in rejection.
4. Patent Examining Fee
If you want to secure a patent for your invention, the USPTO requires that you file an application and pay all necessary fees. Their standard fee schedule outlines the costs associated with filing either a patent or trademark application as well as fees for patent maintenance and appeals.
The cost to obtain a patent varies based on your business and what type of patent you need. There are two main types of applications: non-provisional and provisional. A provisional patent does not guarantee protection immediately, but it can be much less expensive than regular non-provisional applications.
On average, a utility patent application costs between $5,000 and $10,000. This includes attorney’s fees as well as USPTO costs associated with drafting and filing the application.
Once a provisional patent has been filed, it will go into the examination queue and must meet certain criteria before being granted. This process can take up to 1.5 years and requires significant resources as well as expense.
One way to reduce these expenses is through prioritized examination, which allows you to expedite the prosecution of your patent. Unfortunately, this will come with higher filing fees than usual.
Another way to reduce these expenses is by selecting a jurisdiction with lower patent filing fees. For instance, the Netherlands offers a lower fee than the United States does.
The Dutch government also implemented the Inventiekostenbegrenzen (Patent Fee Limitation Law), which set maximum fees that businesses in the Netherlands could pay to 25% of the total fee.
Fee limits apply to both large businesses and small entities alike; micro entities can also take advantage of these rates provided they meet certain other requirements.
5. Patent Attorney Fees
One of the best ways to save money is filing a provisional patent application yourself instead of hiring a lawyer. Doing so can cost you between $2,000 and $3,000.
When preparing your own patent application, there are several steps that must be completed before submission to the USPTO. These include conducting a patent search, crafting the application and filing. Fees for these tasks vary based on how complex your invention is and who you hire as assistance.
A knowledgeable patent attorney knows how to conduct these searches and draft your patent application in a way that protects your invention. They’ll also know how to address any questions raised by USPTO patent examiners.
Your attorney will communicate with the patent examiners throughout this step to guarantee they are satisfied with your responses and that your application is ready for submission. This requires them to spend time communicating with the Patent Office; accordingly, their fees for this service may vary.
Once submitted, your patent application will go through the same examination process as all other patent applications. This step is essential as it allows the examiner to decide whether or not your invention is novel and non-obvious.
A qualified patent attorney can use this information to help your invention gain a utility or design patent. These patents will be granted for 20 years and provide the inventor with financial compensation for their invention.