Provisional Patent Application Cost
A provisional patent application is an ideal way to get started on the patent process quickly and affordably.
Filing a non-provisional patent application can be quite expensive. Fees such as attorney’s fees, filing fees, examination fees and post-filing expenses must all be factored in.
1. Attorney?s Fees
When it comes to preparing and filing a patent application, attorney’s fees are the most significant expense. But there are other costs that should also be taken into account when calculating the total provisional patent application cost.
When considering patent costs, the type of patent that you pursue is an important factor to consider. Certain types of patents, like design or utility patents, may be more costly than others if you want to ensure maximum protection for your investment.
Other types of patents, like plant or animal, are more cost-effective. However, you must still file for a patent in order to protect your intellectual property rights.
One way to reduce your provisional patent application expenses is hiring an attorney experienced in USPTO matters. While these lawyers may be more expensive than other options, they could save you time and money in the long run.
Additionally, you can employ the services of a patent agent who isn’t an attorney but who can assist with the USPTO process. Patent agents typically charge less than attorneys and their fees are generally more flexible.
To guarantee you get the best deal, look for a licensed patent attorney with an established track record in protecting inventors and business owners’ intellectual property rights. They can help you avoid potential legal troubles in the future and craft patent applications that are more valuable.
Louis Ventre Jr., a Law Firm that specializes in helping small entities with their patent needs, provides a cap of $2,000 on attorney fees for typical patent prosecution costs until a final examiner decision. For applications that exceed this cap, attorneys are charged at $250 per hour for small entities and $350 per hour for large ones.
2. Filing Fees
Provisional patent applications involve various filing fees that vary based on the type of patent and your status as an entity. Furthermore, whether you are a large entity or micro entity can influence your final costs as well.
The USPTO charges search fees (about $40-$660), examination fees (around $150-$760), and other miscellaneous fees based on your entity status. These costs can add up quickly to a substantial portion of the overall patent application cost.
If you choose to hire a patent attorney or patent agent for the preparation of your provisional application, the cost will vary. These fees include attorney time and legal bills as well as USPTO filing and examination charges.
On average, a provisional patent application can be prepared for around $2,000 if it’s an easy invention. However, the technology and complexity of your invention will likely affect this cost significantly; for instance, if it involves complex computer technologies or software, attorney fees could run upwards of $15,000 to prepare the application.
Furthermore, filing multiple patent applications for your invention can save a substantial amount of money on filing fees. For instance, if there are two separate applications that each claim one method, each application would incur an expense of $2,045 in filing costs.
However, if you submit one application that covers both methods together, each application will only cost $1,245 in filing fees. This savings could even be greater if you have multiple patent applications for the same method.
After creating the provisional patent application, it’s essential to make sure all pertinent information is included. This can be time-consuming for those without expertise in patent law; thus, having an experienced patent attorney review the draft is highly recommended.
3. Examination Fees
Provisional patent applications usually incur lower examination fees than nonprovisional ones, though these costs can still add up to a substantial sum of money.
The USPTO charges a basic filing fee of $320 for undiscounted applicants and $160 for small entities, along with search fees ($700/$350/$175) and examination fees (excess size fees and excess claim fees). You may need to pay additional “excess claims” fees in addition to the base fee if your application contains more than three independent claims or 20 total claims.
These fees are typically charged to cover the time it takes an Examiner to examine three independent claims and 20 total claims in a utility patent application. For each additional independent claim above the third, you will have to pay an additional $460 fee.
Additionally, you’ll have to pay additional fees if you need to file an amendment to your patent after it has been granted. This can be a substantial expense and difficult to navigate if you are unfamiliar with the process.
It is best to hire a lawyer for the legal aspects of your provisional patent application. These professionals possess the necessary experience and know-how to guarantee that your invention is properly protected.
According to the type of patent you require, total costs can range anywhere from $5,000 to $10,000. The first half includes drafting and filing your patent application with the USPTO; while the second covers examination fees, correspondence with your patent attorney, and any necessary revisions.
4. Post-filing Fees
When applying for a patent, there are two main ways to achieve success: either write your own application or hire a patent attorney to assist.
Generally, filing your own patent application can be the most economical choice in the long run. But be sure to do your due diligence before beginning to submit the application in order to avoid unforeseen fees.
If you choose to hire a patent attorney, their fees will depend on the type of invention and complexity of the patent application.
For instance, high quality provisional patent applications that involve software typically cost more than other types of patents due to the extensive amount of information they require. You’ll have to describe your system’s architecture, algorithms, routines and sub-routines in great detail.
This can be a time-consuming task, but the reward of peace of mind that comes with it is invaluable.
Additionally, you should be aware of the post-filing fees associated with the provisional patent application process. These costs can add up quickly if you’re not careful.
Post-filing fees may include examination and issuance fees. You’ll also have to pay a reexamination fee if any of your claims are rejected during the examination phase.
If you have any queries regarding post-filing fees, be sure to speak with a qualified legal professional before beginning the process. You can find an appropriate lawyer by posting your legal need on UpCounsel’s marketplace and checking reviews of lawyers to see who has more expertise in your area of law.
5. Publication Fees
If you want to secure a patent for your invention, the initial step should be filing for a provisional patent application. It’s more cost-effective than non-provisional application and gives you an extended 12-month period for more market research and refining your idea.
Filing a provisional application costs $140 for micro-entities and $280 for large entities. This fee covers both paper applications as well as preparation and filing a declaration that you meet small entity criteria.
However, if your invention is complex, you may need to pay an extra fee for each additional 50 sheets of paper submitted. This could add up to a substantial sum if not done carefully.
For instance, if your provisional application contains more than 100 pages of information, the USPTO will charge an extra $100 per 50 sheets over that limit. This can significantly affect the overall cost of your patent application.
Another essential consideration is whether to utilize the Patent Office’s public disclosure program. This initiative permits inventors to publicly display their technical subject matter via the Office’s searchable collaboration database.
Your company will not only benefit from this program’s sales boost, but it will also get an early patent disclosure that can be used for protection of your business. Furthermore, any disclosure made through the program will be recognized as prior art under 35 U.S.C. 102 as of the date it is published in a collaborative database.
If you’re thinking of taking advantage of the publication program, it is highly recommended that you hire a qualified patent attorney for preparation. A skilled attorney will be able to explain the program and its potential effects on your intellectual property.