You may be asking, “Why are patents so expensive?”. After all, 97% of all patents never earn their initial costs, and 50% of them expire prematurely because the owner does not pay maintenance fees. And patents filed by research universities rarely generate any revenue. But that is not to say that you should give up on patenting your idea. Here are a few reasons why patents are so expensive. Hopefully, these reasons will help you understand the process better.
Cost of filing a non-provisional patent application
Filing a non-provisional patent application can save you from spending up to $1,905 on attorney fees, but the initial cost can be high. Besides, it gives you one year to decide whether you want to pursue your patent. Thus, it is better to use a provisional application, which will cost you around $125. Here are some things to consider when deciding whether to file a provisional patent application.
The cost of filing a non-provisional application depends on the number of patents in the field, and also on the number of published patent applications. The more patents in the field, the more work is needed to distinguish from prior art. The result is a higher fee. If you want to file a provisional patent application, it is possible that your invention is obvious, but it will be difficult to separate it from prior art.
In addition to patent fees, you will also need to pay for response fees if you receive a rejection. Most utility patent applications will receive at least one rejection, and the fees for responding to this is $950 to $2,800. USPTO fees are not included in these fees. Overall, a non-provisional patent application can cost anywhere from $15,000 to $45,000, but remember that the total patent cost will not include the cost of filing an appeal.
While the total cost of filing a non-provisional application may be higher for startups with only intellectual property, it is still better than no patent at all. With a strong patent, you may be able to attract investors, but without a firm’s support, your business may never get off the ground. Likewise, a start-up with little or no tangible assets will pay between 1.5 and two times the ballpark figure.
There are a few other expenses you may incur, such as hiring a legal representative. Typically, legal fees make up the bulk of the cost of a non-provisional patent application. While patent fees are regulated by the government, most people are aware of them. They are also subject to change. It is recommended to maintain your contact details and account for these costs when filing a patent application.
Depending on the size of your business, you may be able to get a cheaper patent by filing a provisional application. However, you need to know what is known as prior art before filing a non-provisional application. A prior art search may reveal that your idea has been published elsewhere. To get “worldwide” patent coverage, you need to file a PCT application and enter each country a couple of years later. This is a costly process and may cost you several hundred thousand dollars or more.
A non-provisional patent application must be filed in English. It must be accompanied by a statement of accuracy and a fee. It must contain the specification, description, claim, and drawings. You also need to file an oath or declaration of accuracy. It is also essential to pay the required fees. If you fail to do so, you will not be able to get your patent.
Cost of a design patent
The cost of a design patent can vary depending on the size of the entity and the type of invention. The initial filing fee for a design patent is around $225. This amount may increase if you are hiring an attorney. You should also pay a patent draftsperson for around $500 to prepare your 3D CAD drawings in a usable format. If your drawings are not professionally prepared, they will likely lack the subtle details needed to protect your invention.
Using a design patent attorney is an excellent option, but the cost will depend on the complexity of your design. While the fee for an attorney is usually over $2,000, the cost for a self-guided design patent application is closer to $1,000. If you’re going to file your design patent application on your own, make sure to keep detailed notes and submit all required images and information. This may be more expensive, but you’ll save a lot of money in the long run.
While you can choose any attorney, the cost of a design patent attorney is more expensive than the cost for a utility patent. A patent lawyer has specialized knowledge of the design patent process and is equipped to search the database extensively. It’s important to find a design patent early on, because it will save you time and money. And remember, a design patent is a valuable asset for your company. But before deciding on a design patent attorney, make sure you understand how the process works.
While a design patent application can be filed as close to the product launch date as possible, it is better to file it well in advance. However, if you’re launching your product soon, you should consider hiring a patent attorney as early as six to eight weeks in the design patent process. This will allow you to focus on creating the product and developing its design. If you need to make a change to the design, you can always refile your application.
While a design patent doesn’t cover functionality, it can be an excellent initial step in protecting your IP. It will protect your design, but you may not want to invest in a design patent if your company will lose the money. For this reason, a design patent should be your top priority. For those with tight timelines and a limited budget, a design patent may be the best choice. A design patent will give you protection against competitors, including overseas manufacturers and Amazon sellers.
A design patent costs far less than a utility patent application. Additionally, design patents have a higher allowance rate than utility patents. Moreover, they require no USPTO maintenance fees once they have been issued. However, there are several limitations to a design patent, as it only protects the appearance of something rather than its function. For this reason, it is important to choose a patent attorney with extensive experience in design patent law.
Cost of a plant patent
The cost of a plant patent varies, but the average price is around $7,000. A provisional patent may be used for a short period of time to protect your rights without investing in a complete patent. Provisional patents are generally accepted, but they require that you have proof of your invention. The application process may take up to four years. If you need a patent for a long time, you may want to consider using a design patent instead.
Plant patents can have multiple co-inventors. The process is different for each applicant. The patented plant must be discovered and cloned through asexual reproduction. Anyone who contributed to either step is considered a co-inventor. A tissue culture company or custom propagation service can perform this step for you. Once you find a suitable partner, you can proceed with the application process. If you don’t have the time or money, you can also seek the help of a patent attorney.
A design patent will be significantly cheaper than a utility patent. You can save money on your patent application by using LegalZoom instead of hiring an attorney. This service costs $1,099 plus federal filing fees, reviews design drawings, and files your application with the USPTO. A provisional patent is the first step in starting a new business, and will grant “patent-pending” status for 12 months. These can help protect your business name and product.
A plant patent will protect the plant’s distinctive features as long as it is derived from a novel gene or a new trait. However, there is a limit to plant patent protection. Patents only cover plant varieties with the same genetics. Therefore, a seedless fig plant, for example, would not be eligible for patent protection. If the plant is new, it must have some distinguishing characteristic. The cost of a plant patent is approximately $1,600.
A plant patent is one of the most common types of intellectual property protection. Plants can be protected through a utility patent. However, since the Hibberd decision in 1985, plants have been considered patentable subject matter. Plant utility patents give plant owners the right to exclude others from using and developing patented varieties. A plant utility patent also has the potential to protect the value of plants, and therefore, they are a valuable asset.
A design patent, on the other hand, is simpler to write. Typically, a design patent application has only a single claim while a utility patent may include many more claims. As a result, they are generally cheaper to file. There is also a difference in how long utility patents take to grant. The cost of a plant utility patent varies depending on its complexity. A plant utility patent, in comparison, can take anywhere from four to eight years to grant.
