Non Provisional Patent Application Fee
If you need to protect the intellectual property rights for your invention, non provisional patent applications may be a suitable option. This type of application provides an efficient and economical means of establishing a filing date for your creation.
Typically, the fee for a non-provisional patent application ranges from $7,700 to $14,000. However, this amount may change depending on which law firm you select as your representative.
Non provisional patent application fees are expenses inventors must pay when preparing a patent application. These costs include attorney fees, filing fees and drawing charges.
In general, the cost of a non-provisional patent application will depend on several factors including its technology and complexity. For instance, an electrical device requires more complex drawings and procedures when drafting a non-provisional patent than its mechanical counterpart due to these extra steps.
The cost of a non-provisional application will vary depending on whether you prepare and file it yourself or hire a patent attorney. Generally, the higher quality of your patent application, the cheaper it will be to prepare and file.
Many inventors opt for a non-provisional patent application in order to save money on filing fees. This strategy may be particularly advantageous for cash-strapped small businesses or startups that need an early filing date in order to compete with larger firms.
Another potential advantage of a non-provisional patent is that it can help reduce the overall cost of securing a patent by delaying examination while an invention is in development. This strategy is often preferred by clients who are making incremental improvements to their invention which ultimately lead to full utility patent protection.
For instance, a dog toy that utilizes various hole and slit patterns can be safeguarded with a provisional patent for one year while its inventor works on improving it. Once that iterative improvement is complete, an non-provisional patent application can be filed for the upgraded version of this item.
Therefore, the total patent filing cost can be spread out over an approximate year to reduce upfront expenses. This strategy is often recommended when launching a new product that requires disclosure to investors or customers in order to raise capital and generate interest.
It is essential to remember that, although a provisional patent application can save an inventor money in the short term, it could actually have an adverse effect on their long-term financial viability of their invention. Furthermore, once a provisional patent has been granted, making changes to an invention becomes much harder.
Non provisional patent applications can cost well over $15,000 when attorney time is factored in. In addition to filing fees, other expenses associated with invention and patent preparation may also be included.
For small entities, filing fees are approximately $130; drawings may cost up to $100 per page. As a result, high-quality provisional applications for electrical or mechanical devices can typically be prepared and filed for between $2,500-$3,000.
A well-drafted non-provisional patent application should include an inventor’s oath or declaration; a patent specification with detailed description and claims; as well as patent drawings when applicable. Furthermore, it should include an abstract that briefly summarizes the invention’s main aspects.
Non-provisional patent applications must be submitted in the English language. If a foreign language is required, an accurate translation and statement confirming accuracy are required along with payment of the non-electronic filing fee of $400 dollars must also be included.
Filing fees for small entities (under 37 CFR SS 1.27(a) and micro entities (under 37 CFR SS 1.29(a)) are reduced by 60% and 80% respectively, but to take advantage of these reduced rates the applicant must first determine that they qualify as a micro entity before filing certification of such status and paying the discounted rate.
Micro entity applicants will enjoy a reduced filing fee of 40% under 37 CFR SS 1.29(d). However, certification that all requirements under 37 CFR SS 1.29(a) or (d) have been fulfilled is required in order to take advantage of this reduction.
Filing a non-provisional utility patent application through the United States Patent and Trademark Office’s (USPTO) new electronic filing system, Patent Center, is possible. Your application must include the patent specification, confirmation that you are an active eFiler who pays all applicable fees, as well as any necessary patent drawings.
Submitting an application in electronic format requires downloading relevant forms from the USPTO’s Web site and submitting them electronically through the Patent Center system. You will receive notice of filing fees with a time period to pay them online or send via post or hand delivery.
Many inventors and small businesses strive to reduce the expense of patent applications. This is especially pertinent when their inventions are still in early stages or they have limited budgets.
Inventors often attempt to save money by forgoing a search, but this can be an expensive mistake that could pose costly difficulties later in the process. A search will confirm if your invention is unique and guarantee it has been properly patented.
By conducting a comprehensive search, we can decide what to include in your application and how best to word the claims so they fully protect your invention. Doing this upfront saves both you and us time and money from drafting patent claims which don’t fully safeguard it.
In addition to searching for any existing patents or published applications that might be pertinent to your invention, we can also conduct an exhaustive search of all relevant patents and published applications that might provide insight into the prior art landscape and make it simpler for us to determine whether your innovation stands alone.
If the search reveals that your invention is too closely related to already-patented innovations, we must do additional work in order to distinguish it from these prior art patents or published applications. We can do this by conducting either a broad search or narrowing the scope of your patent search so that only patent innovations that are not already well-known must be examined.
The cost of a search will depend on how much prior art is identified and which types of prior art need to be examined. If your invention is highly complex, it might be wise to invest in an extensive search.
Finally, examination of your application may cost more if it contains more than three independent claims or 20 total claims. This is because the basic examination fee only covers up to 3 independent claims and 20 total claims; each additional claim will be classified as an “excess claim” and thus subject to an additional fee.
The examination costs associated with a non-provisional patent application depend on the type of patent you file. If your invention has strong marketability or your patent application does not cover an extensive array of potential claims, then examination costs may be lower than if your invention has less potential value.
The United States patent system offers you the flexibility to postpone examination costs or expedite it in order to secure a patent faster, depending on how business and marketing for your product or invention are progressing. However, if your idea is unworkable or you do not anticipate any market interest in it, then you may want to consider abandoning the process and not paying any associated costs.
When filing a non-provisional patent application, you should include the following items in your transmittal letter: the application itself, necessary drawings of your invention, either an oath or declaration, and all prescribed filing, search and examination fees. If your application is filed in another language other than English, provide a translation and pay the required fee as outlined in 37 CFR 1.17(i).
Like all patent applications, a non provisional patent application must include an exhaustive set of claims that clearly describe your invention and the scope of your claim. Each claim should have its own unique number which will appear on your filing certificate.
If you have any queries regarding the patent examination process or costs involved, seek legal advice. A knowledgeable attorney can give you all relevant details on your legal rights and help determine which path is most advantageous for your invention.
The United States Patent Office has a very busy examination process, so it typically takes one to two years for your non-provisional patent application to enter the queue and start receiving reviews from patent examiners. If they deem your invention patentable, you will likely be granted a patent within 1.5 years from when you filed it.