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Turning Ideas Into Patents |
____Utility Costs___ |
Utility Application - Estimated Time Line and Costs Utility patents are the most common type of patent. The total cost to obtain this type of patent depends on many factors including, the type of utility application (US, PCT, Provisional), any similar inventions, the level of development of the invention, face-to-face meetings, the number and extent of changes to the application, and the tenacity of the patent office. |
20. 4 Year Maintenance fee Date of Issue +3.5Years 21. 8 Year Maintenance fee Date of Issue +7.5Years 22. 12 Year Maintenance fee Date of Issue +11.5Years 23. Patent rights end Filing Date +20 Years |
Description of Events Time Est. Cost 1. Meeting with client, product disclosed. Retainer Paid 2. Application written and sent to client with billing 3. Application returned with signatures and payment 4. Application mailed to PTO 5. Application "Pending" copies sent to client 6. Filing receipt received and sent to client 7. Information disclosure statement sent to PTO and client 8. Publicaiton notice received at 18 months copy to client 9. First office action from PTO 10. First office action copies sent to client 11. Reply to first office action sent to PTO 12. Reply to first office action sent to client with billing 13. Final office action from PTO 14. Final office action copies sent to client 15. Reply to final office action sent to PTO and client with bill 16. Patent Approved with Notice of Allowance 17. Copies to client with bill for issue & publication fee 18. Payment is client authorization, Issue fee payment to PTO 19. Patent issues and sent to client Budgetary Cost $8,000 |
Day 0 $2,500 Day 45 $2,500 Day 50 Day 55 Day 60 Month 5 Month 6 Month 20 Month 21 Month 22 Month 23 Month 24 $1,200 Month 27 Month 28 Month 29 $600 Month 32 Month 33 Month 34 $1,200 Month 37 |
The schedule below provides an estimate of the entire process from initial consultation until the patent expires, 20 years after the date the Patent Office (PTO) receives the file. |
To place a typical US Utility application on file, the cost will between $4,000 to $5,000 including all drawings and filing fees and takes about 60 days to have the application “Patent Pending”. Complicated cases can take longer and cost more. Prosecution of a typical utility patent application involves additional charges. The additional charges involve submitting an information disclosure statement, replying to the patent office to argue your patent, and issue fees. These costs are an average of an additional $3,000 and it generally takes two to three years, but can over six years for some applications, until the patent issues (Patented). These estimates assume you are a small entity (less than 500 employees) and the application does not require continuation or divisional applications. When the patent issues, maintenance fees will be required to keep the patent active. The maintenance fees are due at 3.5, 7.5 and 11.5 years. The fees currently run between $450 and $3,800 depending upon small or large entity and when the fee is paid. To summarize you should budget $8,000 for a typical US utility application and expect the process will take 3 to 6 years. |
$450 $1,150 $1,900 |