QUESTION

How much will it cost me to get my idea patented?

Asked on Jun 22nd, 2015 on Patents - Massachusetts
More details to this question:
I have an Idea I would like to try to patent. How much will it cost me to get a patent on my idea?
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5 ANSWERS

Intellectual Property Attorney serving South Jordan, UT at Pearson Butler
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Plan on spending between about $15,000 - $30,000 over the course of the 20 year lifespan of a typical patent to get the patent and keep it alive the full duration.
Answered on Jun 23rd, 2015 at 11:29 AM

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Since you do not mention where you want patent rights, I will simply assume the US. The cost to obtain an enforceable patent in other countries is obviously going to be more than in in the US alone. I typically quote between $10k to $25k to obtain issuance of a single utility patent application in the US. The process of obtaining an issued US patent includes the preparation and filing of a patent application, prosecution of that patent application, and if you have allowable claims, payment of an issue fee. The total cost to patent your invention depends on a number of variables, the first being whether it is in fact patentable in the first place, and if it is, then the breadth or scope of coverage that you seek from your patent rights. Broad patent protection for a single inventive concept may include multiple patents covering various aspects and/or embodiments of the invention, with varying claim language to give litigation counsel the leverage they need to enforce your patent rights. Patent prosecution is rarely as simple as filing a patent application, obtaining a notice of allowance and paying an issue fee. Most frequently, you will have to argue with a patent examiner and/or amend your patent application in view of technical requirements and/or prior art as dictated by the substantive review performed by an examiner at the United States Patent and Trademark Office (USPTO). This process is referred to as patent prosecution and may take numerous cycles of amending and arguing with an Examiner, or appealing if necessary. It is not possible to predict the number of cycles of amending and arguing that will be needed to obtain an allowance. However, you get two attempts to persuade the examiner with your initial filing fees. If after the first two attempts you still have no allowed claims, you can start the process over again by paying another request for continued examination fee, which can be repeated as needed. Keep in mind that the quoted range above does not include payment of maintenance fees (there are three of them) to maintain the right to enforce your patent in the US all the way to maximum patent term (20 years from filing date plus any patent term extension). Additionally, fees paid to the USPTO vary depending on what size entity you are. Micro entities are entitled to an approximately 75% discount versus the fees paid by a regular entity. If however, you merely want to dip your toes in the patent process, we can get you patent pending for less than $1k by filing a provisional patent application. Please contact us if you need more information about the patent process and provisional patent applications in particular.
Answered on Jun 23rd, 2015 at 2:37 AM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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The final cost depends on several factors but it's probably a minimum of $3000 to $5000 and could be much, much higher, especially if another patent holder objects or the patent examiner doesn't think your application is sufficient.
Answered on Jun 22nd, 2015 at 3:13 PM

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Figure 8000-18000 for a skilled patent attorney to draft and file the application. There will be additional costs in responding to office actions after the application is examined.
Answered on Jun 22nd, 2015 at 1:23 PM

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Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
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To obtain patent protection on your idea - you must file a patent application in the USPTO - and have the patent granted. The invention must be (1) new, (2) useful, and (3) not obvious to persons working in the same area (field) of your invention. The application must teach fully how to make and how to use your invention - so that the public will benefit from you obtaining patent protection once your patent expires - typically 20 years from the filing date. Costs to prepare, file, and prosecute a patent application to allowance vary greatly - but you should budget at least $10,000 for the process.
Answered on Jun 22nd, 2015 at 12:45 PM

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