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Patent Application Process & Costs

How Much Does a Patent Cost?

The cost of obtaining a patent depends on the complexity and quality of the invention disclosure. We offer fixed-fee pricing for patent application preparation, excluding USPTO fees.
For faster processing, applicants can request prioritized examination by paying an additional official fee, allowing the USPTO to examine the application within a year of filing.

It’s important to note that securing a patent involves additional costs beyond the initial filing, including legal fees for patent prosecution and USPTO fees for publication and issuance.

Utility vs. Design Patents

For guidance on whether you need a utility or design patent, please refer to our FAQ section to learn what qualifies for each category and how to protect your invention effectively.

Small Entities: Individual inventors, small businesses with fewer than 500 employees, and nonprofits may qualify for a 50% discount on many USPTO fees. However, businesses that have sold or licensed their invention rights to large organizations are ineligible.

Legal Fees & Payment Structure

We offer fixed-fee and hourly rate arrangements for legal services. In most cases, we require a retainer covering at least half of the expected patent preparation and prosecution costs. The remaining balance and official fees are due upon project completion.

Patent Grant & Additional Costs

The USPTO charges a fee to issue a patent. We provide a fixed-fee service for preparing and filing the necessary issuance documents. Unlike many firms, we include basic patent drawings at no extra cost. However, complex drawings, especially for mechanical inventions, may require a professional drafter.

Assignment of Rights

If inventors wish to transfer their patent rights, we prepare and record assignments with the USPTO for a fixed fee. The USPTO does not currently charge a fee for recording assignments.

What Happens During & After Filing a Patent Application?

Patent Filing Process

A patent application is drafted based on the invention disclosure and electronically submitted to the USPTO. This process may take up to a month, but urgent filings can be expedited. If time constraints prevent the preparation of a full non-provisional application before a deadline, we recommend filing a provisional application to secure your priority date.

Patent Examination & Prosecution

After filing, the USPTO examines the application for novelty and non-obviousness. Examiners often issue an Office Action rejecting some or all claims based on prior art. We then work to overcome these rejections through:

  • Meetings with the examiner (in person or via phone)
  • Legal arguments and amendments to the claims, specification, or drawings

This process, known as patent prosecution, is essential to securing strong, enforceable patent rights.

Timeline: How Long Does It Take?

Unless expedited processing is requested, obtaining a patent may take 1 to 3 years, depending on the technology filed and USPTO workload.

International Patent Protection

Patent Rights Are Country-Specific

A U.S. patent grants exclusive rights only within the United States. To protect an invention internationally, separate applications must be filed in each country of interest.

Patent Cooperation Treaty (PCT) Applications

The Patent Cooperation Treaty (PCT) simplifies international patent filings by allowing inventors to submit a single application that extends to over 150 participating countries. The PCT process consists of two phases:

  1. International Phase (18-30 months) – Initial filing and preliminary examination
  2. National Phase – Patent prosecution in selected countries

Benefits of the PCT Process

  • Single Application: Avoids the need for multiple simultaneous filings
  • More Time: Allows up to 30 months to decide where to seek protection
  • Cost Efficiency: Delays national filing fees and translation costs
  • Stronger Position: Provides an international search report assessing patentability

Provisional Patent Applications

For a faster and cost-effective option, provisional applications can be filed to establish an early priority date. A non-provisional application must then be filed within one year to claim this priority.

Getting Started with Our Services

To begin the patent process, the following items are required:

  • A brief description of your invention and development plans (without disclosing confidential details)
  • A conflict-of-interest check
  • A signed legal service agreement outlining our services and fees

If available, we also encourage providing:

  • Hand sketches or technical drawings of the invention
  • A summary of how the invention improves existing technology or solves a problem
  • Details on any public disclosures, sales, or discussions regarding the invention, as U.S. patent law prohibits granting a patent if public disclosure or sales occurred more than one year before filing

An applicant must also disclose all known to the applicant prior art that may impact patentability, as failure to do so can invalidate the patent.  However, there is no obligation to conduct a search for prior art.