How much does a trademark or patent cost?

How much will it cost to apply for a patent or trademark?

Our firm philosophy is to first define the winning strategy, and then determine costs accordingly. IP is expensive to register. At the top of every potential client’s mind is a question about costs, but winning should be the primary question. Once you know how to win, then the cost to file a patent or trademark will flow from the winning approach. You need to gauge the value of our IP registration services, and compare our offerings to those of our competitors. My firm offers flat rate patent and trademark applications.

If you obtain a patent quote better than our fixed fees below, give us a chance to meet or beat those quotes. Call patent attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to request a flat fee estimate for your patent or trademark filing.

As far we know, we are the first and only IP firm to offer our uniquely branded Attorney Fee GuaranteeSM programs for:

Design Patent Costs

Micro Entity Design Patent Cost Estimates

A micro entity must meet certain qualifications on gross income and past patent filings. If you qualify as a micro entity, here are design patent initial filing costs:

Our firm policy requires that we file micro entity patent applications on behalf of individuals only, and not for companies.

Start to finish costs for a micro entity (assuming no rejections): approx. $2,000 without Rocket Docket or approx. $3,320 with Rocket Docket.

Small Entity Design Patent Cost Estimates

Small entity status would generally apply to the following entities regardless of income: individuals, academic institutions or companies with fewer than 500 employees. For a small entity, here are initial filing design patent costs:

  • Design patent initial filing: $1,450 all-inclusive
    (includes our $770 flat rate, USPTO fees and illustrator fees)
  • Rocket Docket request: additional $1,640
    (includes our $1,000 flat rate and USPTO fees)

Start to finish costs for a small entity (assuming no rejections): approx. $2,350 without Rocket Docket or approx. $4,000 with Rocket Docket.

Utility Patent Costs

Utility Patentability Search Cost

Utility Patent Initial Filing Cost Estimates – Small Entity

  • Low complexity: Flat fee starting at $6,600 plus USPTO and vendor fees
  • Medium complexity: Flat fee starting at $8,500 plus USPTO and vendor fees
  • High complexity: 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 (small entity)

  • 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+

Provisional Patent Application Cost

  • starting at $3,300 (approx. 50% of the cost of drafting a nonprovisional application), plus USPTO and vendor fees

Foreign Utility Patent – International PCT Application

US National Stage Based On PCT Application (small entity)

Here is our initial filing estimate for a US National Stage application that includes the Information Disclosure Statement (IDS):

  • $1,454 all-inclusive for initial filing of US national phase application with IDS. Includes our $590 initial filing flat rate, $200 IDS fee and $664 USPTO fee (not including Preliminary Amendment).

US National Stage Based On PCT Application with Multiple Dependent Claims

To save government fees, a Preliminary Amendment is highly recommended when the PCT application contains multiple dependent claims or excess claims. Here is an initial filing estimate for a US National Stage application with a Preliminary Amendment (small entity):

  • $1,704 all-inclusive for initial filing of US national phase application with Preliminary Amendment and IDS, including $590 initial filing flat rate, $200 IDS fee, $250 Preliminary Amendment fee and $664 USPTO fee.

Trademark Costs

USPTO Trademark Search

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

Trademark Application Estimates (not incl. search)

Here are initial filing estimates for a USPTO trademark application:

**Note that the higher USPTO fee of $350 per class provides more flexibility in describing the goods or services.

Trademark Application Estimates After Initial Filing

  • Evidence of Use (ITU applications only): $600 all-inclusive per class, including our $500 flat rate and USPTO fees
  • 6-month Extension to File Statement of Use: $600 all-inclusive per class, including our $475 flat rate and 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

Trademark Renewals and Post-Registration Maintenance

  • Section 8 declaration: $1,125 all-inclusive per class, including our $900 flat rate and $225 USPTO fee
  • Combined Section 8 and 15 declaration (by 6th year anniversary): $1,325 all-inclusive per class, including our $900 flat rate and $425 USPTO fee
  • Combined Section 8 and 9 renewal (by 10th year anniversary and after): $1,425 all-inclusive per class, including our $900 flat rate and $525 USPTO fee

TTAB Trademark Opposition and Cancellation Costs

  • Initial estimates for plaintiff (Opposer, Cancellation Petitioner): starting at $3,000, not including USPTO fees, to prepare opposition/cancellation complaint, and hold discovery conference (not including preparing or responding to discovery requests)
  • Initial estimates for defendant (Applicant, Registration Owner): starting at $5,000, 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

Patent and Trademark 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.

Which patents will cost more?

A few pointers are 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?

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

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Innovation Capital Law Group

Design Patent Money-Back Guarantee
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