The #1 Question: How much will it cost to apply for IP?

 

Let's face it - IP is expensive to register. At the top of every potential client's mind is a question about costs. Without a doubt, the cost to file a patent or trademark always comes up in our initial client consultations, and rightly so. You need to gauge the value of our IP registration services, and compare our offerings to those of our competitors. If you find a rate better than our cost estimates below, feel free to reach out to see if we can beat our competitors.

 

At my firm, we were billing flat rate patent applications before it was cool. If you obtain a flat fee patent estimate better than our fixed fees below, give us a chance to meet or beat those quotes. Call me at (949) 223-9623 or email me to request a flat fee estimate for your patent or trademark application.

 

Design Patent Costs

 

Design Patent Micro Entity Estimates

For a micro entity, here are design patent cost estimates:

• Design patent initial filing: $1,250, including our $770 flat rate plus USPTO and illustrator fees
• Design Rocket Docket request: $1,320, including our $1,000 flat rate plus USPTO fees
• Design patent issue fee: $750, including our $590 flat plus USPTO and disbursements

 

Micro entity design patent costs from start to finish, assuming no rejections:

• approx. $2,000 without Rocket Docket
• approx. $3,320 with Rocket Docket

 

Design Patent Small Entity Estimates

For a small entity, here are design patent cost estimates:

• Design patent initial filing: $1,450, including our $770 flat rate plus USPTO and illustrator fees
• Design Rocket Docket request: $1,640, including our $1,000 flat rate plus USPTO and vendor fees
• Design patent issue fee: $900, including our $590 flat plus USPTO and disbursements

 

Small entity design patent costs from start to finish, assuming no rejections:

• approx. $2,350 without Rocket Docket
• approx. $4,000 with Rocket Docket

 

Utility Patent Costs

 

Utility Patentability Search

• $1,500 for a novelty search on a single invention

 

Utility Patent Initial Filing Estimates for a Small Entity

• Low complexity: $7,500+, including our flat fee starting at $6,600 plus USPTO and vendor fees
• Medium complexity: $9,400+, including our flat fee starting at $8,500 plus USPTO and vendor fees
• High complexity: $12,000+, including our flat fee starting at $11,000 plus USPTO and vendor fees

 

Utility Patent Estimates After Initial Filing To Grant (if allowed)

• 1 Office Action and issue fee (i.e., allowance): $3,500+
• 2 Office Actions and issue fee (including Examiner Interview): $6,500+
• 3 Office Actions and issue fee (including Examiner Interview and RCE ): $10,000+
• 4 or more Office Actions and issue fee: $13,000+

In our experience, the majority of utility nonprovisional patent applications will have 2-3 Office Actions. Patent applications involving software or business methods will likely encounter four or more Office Actions.

 

Utility Patent Estimates from Start to Finish

• Low complexity with 1 Office Action: $11,000+
• Medium complexity with 3 Office Actions: $20,000+
• High complexity with 4 or more Office Actions: $24,000+

 

Utility Patent - International PCT Application

• PCT Initial Filing (nonprovisional already drafted): $3,700+ including our $1,250 flat rate plus government fees
• National Stage entries: variable depending upon countries

 

Trademark Costs

 

USPTO Trademark Search

• Knockout search of live USPTO trademark filings: $500 per class of goods/services

 

Trademark Application Initial Filing Estimates (not incl. search)

• Use-based application: $950 per class, including our $600 flat rate plus USPTO fees
• Intent-To-Use (ITU) application: $950 per class, including our $600 flat rate plus USPTO fees

 

Trademark Application Estimates After Initial Filing

• Evidence of Use (ITU applications only): $600 per class, including our $500 flat rate plus USPTO fees
• 6-month Extension to File Statement of Use: $600 per class, including our $475 flat rate plus USPTO fees
• Trademark Office Action response - simple, non-substantive: $350+
• Trademark Office Action response with arguments against refusal: $2,800+

 

Trademark Registration Cost Estimates from Start to Finish

• Use-based application with no rejections: $950 per class
• ITU application with no rejections and no extensions of time: $1,550 per class

 

TTAB Trademark Opposition and Cancellation Costs

• Initial estimates for plaintiff (Opposer, Cancellation Petitioner): $7,000, not including USPTO fees, to prepare opposition/cancellation complaint, hold discovery conference, send initial disclosures, and initiate settlement discussions (not including preparing or responding to discovery requests)
• Initial estimates for defendant (Applicant, Registration Owner): $6,000, not including USPTO fees, to prepare opposition/cancellation answer, hold discovery conference, send initial disclosures, and initiate settlement discussions (not including preparing or responding to discovery requests)
• Ongoing opposition or cancellation costs: $10,000 to $150,000
• Total costs if other side is willing to settle earlier: $10,000 to $25,000

 

IP Registration Costs Can Vary Widely

 

As detailed above, my goal here is to provide a concise summary of costs for registering patents and trademarks. To prevent information overload, these fee estimates do not identify every possible cost that may arise in your patent or trademark application. Instead, we are presenting a simplified cost overview that will hopefully be helpful as you budget for IP protection.

 

Instead of trying to predict every twist and turn, we have provided initial filing estimates followed by reasonable approximate estimates for the ongoing examination of each type of IP application. These forecasts should provide you with a realistic expectation of ongoing costs after the initial filing. For more detailed IP fee schedules, visit our firm's flat fee page.

 

A few pointers will be helpful to keep in mind. Design patents have a high average probability of success so we can predict the total costs of a filing a design patent from start to finish for over 80% of design applications. Also, the cost difference between a small entity and a micro entity are appreciable for design patent applications, so we have included breakdowns.

 

On the other hand, utility patent applications are wildly unpredictable with the only certainty being that there is a 90% chance that a utility nonprovisional patent application will receive at least one rejection. Also, cost differences between a small entity and a micro entity are not as significant, so we have simply identified cost estimates for a small entity.

 

For patent costs, USPTO government fees will vary depending upon the size of the applicant. We will try to provide both small entity and micro entity costs if and when they differ.

 

Need a competitive patent or trademark cost estimate?

Contact US patent and trademark attorney Vic Lin at vlin@icaplaw.com or call (949) 223-9623 to see if we can match or beat a cost estimate from another IP firm.