Create, Consult, Control
News & commentary on intellectual property issues.
Apr292009 | Steve O'Donnell
What does it cost to get a patent?
That is the first question most first time inventors ask and the answer depends on a number of factors.
In trying to budget for a patent prosecution, the inventor and the prosecuting attorney need to estimate the fees that the patent office will require and what legal fees the attorney will require. The patent office fees can be found on the PTO's site here (effective May 1, 2009). The patent office is, of course, a governmental body and, like all other government bodies, feeds itself off of fees. Over the course of a utility patent's life, between the filing fee, examination fee, search fee, issue fee and maintenance fees, one can expect to pay over $10,000 to the patent office. For “small entities,” essentially independent inventors and small businesses, those fees, for the most part, are halved. Those fees also don't all have to be paid up front. The issue fee isn't due until the patent is ready to issue and maintenance fees are due at 3.5, 7.5 and 11.5 years after issuance. For a qualifying “small entity,” the upfront fees can be under $500.
Other than that, there are the legal fees that your attorney will require. Those can vary greatly depending on the subject matter of the patent. Those can range from a few thousand for a simple invention to well over $20,000 for a very complex invention.
The legal fees will also vary depending on the attorney you hire. A solo practitioner or small firm will have less overhead than a large firm paying a number of employees and maintaining an office occupying a few floors of prime real estate.
The effective cost of obtaining a patent will also depend on your tax situation.
Another thing to consider is the cost of not obtaining a patent. Without a patent, your invention could be poached by another to make money off of your hard work.
Consulting a patent attorney about protecting your inventions, as early as possible, is the best way of protecting yourself.
Recent Posts
- Avoiding Trademark issues when naming your band
- Two trademark cautionary tales
- Some things you can't copyright
- Infringe? It’s a business decision.
- What should your copyright notice say?
- How many copyrights does your blog infringe?
- Poor Man’s Copyright
- The Zappa Family Trust vs Assorted Zappa Tribute Bands
- Using a non-disclosure agreement to protect your ideas
- Why Archie drank generic beer
Comments
Post has no comments.