Almost every inventor in the world encounters the same problem while patenting an invention. Moreover, every inventor wants to know how much patent filing cost. This question is important, and you need to find the answer as soon as possible. The answer will help you decide on the next course of action. Patent filing cost depends on various factors such as the complexity of an invention, number of claims, and so on. The cost of the patent filing process gives a clear picture. Moreover, it assists you in managing your patent application accordingly. Also, in this article, we’re going to see how much patent filing cost in the United States and India.
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Patent filing cost
The Patent filing cost increases if your patent application includes several claims. Also, it may cost you a hefty amount if you’re patenting software. Software related patents come under a niche category. Moreover, the software is intangible. As a result, patent attorneys need more time to study the invention. Likewise, there is a multitude of factors that can influence the cost of patent filing. Further, we’ll talk about these factors in a detailed manner.
Type of entity
In the United States as well as in India, the cost filing depends on the type of entity. In the United States, there are three types of entities: micro, small, and others. Similarly, in India, there are three types of categories: natural person, small entity, and others.
For instance, in the U.S., for each excess claim, you have to pay 100 USD. However, fees for the micro and small entities are 50 USD and 25 USD respectively. Similarly, in India, for each additional claim, a natural person has to pay 320 INR. Whereas, small and other category need to pay 800 INR and 1600 INR respectively.
Number of claims
In the example above, we saw that you have to pay an additional fee for each additional claim. Therefore, you have to plan how many claims you want to add in your patent application beforehand. In the U.S, you have to pay an additional fee if your patent application has more than 20 claims. Similarly, in India, if a patent application has more than 10 claims, the applicant has to pay an additional fee per additional claim.
Type of patent
The USPTO has defined three types of patents: Design, Planet, and Utility. Therefore, you have to pay the fee accordingly.
For instance, an applicant has to pay different issue fees for utility, design, and plant patents. Let’s suppose, there is a micro-entity. Also, the micro entity needs to pay 250 USD, 175 USD, and 200 USD for utility, plant, and design patent respectively as issue fee.
Likewise, the Indian Patent Office has divided patent applications into two types – provisional and complete specification. Therefore, applicants need to pay the respective amount for each type of patent.
Patent Attorney Fee
A patent attorney assists you in filing a patent. However, you may file patents all by yourself. You need to know about patent offices’ guidelines and the patent filing process. Then, you can submit your patent application without the help of a patent attorney. However, it’s recommended to have a patent attorney. The patent filing process is complex and takes ages. Therefore, you should hire a professional patent attorney. The patent attorney not only knows about the process completely but also ensures you don’t commit a mistake. Moreover, patent attorneys have years of experience and they’ve been trained in filing a patent.
Moreover, there are a plethora of patent law firms that can help you in finding the right patent attorney. Furthermore, some patent firms have their department that includes experienced patent attorneys. Also, you may find various patent firms that provide services at affordable prices. You can choose which suits your budget.
Provisional and non-provisional
In the U.S., patents can be provisional or non-provisional. The provisional patent filing cost less than non-provisional patent filing. Also, in India, you can patent an invention in two ways – provisional and complete specification.
Furthermore, other factors make patent filing cost you much or less.
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How Much Patent Filing Cost in the United States
The USPTO receives numerous patent applications from various applicants every year. Thus, to make the patent grant process smooth, the USPTO has issued guidelines concerning patents. Moreover, these guidelines have made the patent filing process simple and transparent. The USPTO has an extensive list of services related to patent filing. Moreover, applicants have to pay a fee to seek a patent. Since you want to know how much patent filing cost in the U.S., here’s a table. In this table, you’ll find the fee structure decided by the USPTO.
|Fee (USD)||Small (USD)||Micro (USD)|
|Basic filing fee – Utility (paper filing also requires non-electronic filing fee)||300.00||150||75|
|Basic filing fee – Utility (electronic filing for small entities)||N/A||75||N/A|
|Standard filing fee – Design||200||100||50|
|Basic filing fee – Design CPA||200||100||50|
|Basic filing fee – Plant||200||100||50|
|Each independent claim above three||460||230||115|
|Each claim above 20||100||50||25|
|Multiple dependent claims||820||410||205|
|Utility, Design, and Plant Application Size Fee – for each additional 50 sheets that exceeds 100 sheets||400||200||100|
|Submission of sequence listings of 300MB to 800MB||1000||500||250|
|For sequence listing submission of more than 800MB||10000||5000||2500|
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How Much Patent Filing Cost in India
Like the USPTO, the Indian Patent Office takes the decision related to patent in India. IPO gets various patent applications every year. Also, after careful consideration, the IPO grants patent to applicants whose applications fulfill every criterion. You can find fee structure and know how much patent filing cost in India in the table below.
|For e-filing||For Physical Filing|
|Natural person(s) and/ or Startup||Small entity, alone or with natural person(s) and/ or Startup||Others, alone or with natural person(s) and/ or Startup and/ or small entity||Natural person(s) and/ or Startup||A small entity, alone or with a natural person(s) and/ or Startup||Others, alone or with a natural person(s) and/ or Startup and/ or small entity|
|On application for a patent accompanied by a provisional or complete specification||1600||4000||8000||1750||4400||8800|
|for each sheet of specification in addition to 30||160||400||800||180||440||880|
|Each claim in addition to 10||320||800||1600||350||880||1750|
|for each page of sequence listing of nucleotides and/ or amino acid sequences||160||400||800||Not allowed||Not allowed||Not allowed|
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