what is the cost to file patent? The first question that, generally, comes to anybody’s mind after he/she invents anything and thinks to patent it.
The answer to the question is that the cost of obtaining a patent cannot be estimated accurately and easily. It primarily depends on:
- The geographical scope.
- The complexity of the application.
- Duration of the grant procedure.
The important point to note, here, is to make sure that your invention is unique when compared with the prior art. You should only proceed for filing a patent when you are done with a respective patent search. You can do a patent search on yourself to an extent. However, a professional searcher will help you the way through. Searches are done by professional patent searchers and attorney written opinions. It may typically range from $1,000 to $3,000.
The cost to file patent, on the macro level, can arise from three factors after you are done with the pre-filing process of the patent. Those factors are:
Patent Office Fees during Application Process
The table below shows the cost of filing patent applications in different patent offices of the world.
|Important National Offices||Germany (DE)||United Kingdom (UK)||China (CN)||Japan (JP)||USA (US)||India (IN)|
|Application Filing Fee||40€||30£||950¥||15.000¥||280$||Rs.1020|
The table highlights that the cost to file patent due to ‘patent application filing fees’ is not very high. Also, the cost is quite high for the USA or the United States Patents & Trademark Office (USPTO).
Patent Attorney Fees
Patent Attorney fees depend on two of the factors mentioned above i.e., the scope and complexity of your invention.
The Patent attorneys usually offer lump sums for preparing patent filing and for further prosecution. Attorney offices usually charge on an hour hourly basis. These charges, in most of the cases, differ from 150€ to 500€.
‘Simple patent applications’ can be filed in, approximately, less than 10 hours. However, more complex applications with a large number of pages, drawings, and patent claims require more work, extra hours and hence the extra cost.
Additionally, the cost to file patent can rise during the examination of the application depending on the number of replies to communications from the office. Usually, these will range from 1,000€ and 5,000€.
All the other fees are subject to individual practices of attorneys. For example, some might charge fees for representation before the patent office and others for the reimbursement of expenses.
By and large, the patent attorneys’ fees for obtaining a national patent are usually between 5000 and 10,000€.
Patent protection maintenance fees
The cost to file patent escalates over the validity period. It exceeds application filing fees significantly. The annual maintenance fees increases as your invention get close to the end of the duration.
Also Read: The Latest Patent Filing Trend
Total Estimation of Cost to File Patent
Obtaining a ‘national patent’ can approximately generate costs of at least 5,000€ until patent grant. Further, costs ranging from 5,000 to 15,000€ will arise until the expiry of your patent depending on the country you are filing it in.
Additionally, you should be aware that prosecuting your property right might generate additional costs.
For instance, Obtaining a European patent will generate costs of at least 10,000 € until the ‘European Patent office’ patent grant and at least further 1,000 € per designated country. For patent renewal, annual fees have to be paid to national offices which sum up to 5,000-15,000 € each. When protecting all-important local markets in Europe, the costs can easily exceed 30.000 €. In the case of large patent families, the costs can even go to 100.000€ and beyond.
However, “you get what you pay for” holds well in this case. Whatever amount that you spend on filing patent applications and getting your invention patented comes back to you when you commercialize your invention.
How to reduce these costs?
The cost to file patents can be reduced through various factors. Following are some of them:
- Patent Search: A patent search is important and helps in cost reduction because it will give you an idea about whether it even makes sense to pursue a patent in the first place. However, a “no stone unturned” patent search is practically not possible but a thorough search of what can be reasonably found leads to better decisions.
- Provisional patent applications: A provisional patent application unfolds the invention completely as would a non-provisional patent application, but the formalities involved are reduced, hence, making this process less expensive.
Choose The Right Team!
Choosing the right team and patent attorneys for your patent application filing is yet another step that can cut down your expenses.
Your chances of both obtaining a hassle-free patent and cost reduction can, surely, be amplified by using Patent Drafting Catalyst as your application-drafting team.
PDC has been drafting quality patents for more than a decade. The company drafts 1500+ applications every year with 100+ full-time drafters, who work resolutely to serve their clients with the best products.
PDC has perfected the art of patent drafting for multiple technology areas and countries. It has been successful in reducing the office action of its clients significantly.
Several patents, drafted by the PDC, have been successfully enforced against infringers.
Contact us here for more details and queries.