How much do foreign patents cost?

Foreign patent costs

Foreign patent costs are high. If we’re talking about utility patents, expect about $2,000 to $6,000 for the initial filing in each country. That’s just the beginning of the international patent process. There will be ongoing costs in prosecuting each utility patent application in each country, although there are strategies to streamline the foreign process and thus reduce patent costs. Just as a US application will encounter rejections, you can expect that your application will also encounter rejections in each foreign country.

Costs will depend upon number of foreign countries

This might be obvious to some, but it bears emphasis – there is no such thing as an international patent. You must eventually file patent applications individually in each foreign country of jurisdiction. Therefore, costs will depend on the number of foreign countries desired. Most foreign patent offices will conduct their own examination of your patent application. In your eyes, it’s the same invention that has already been reviewed and possibly allowed in the US. Nevertheless, each foreign patent office will typically have their examiner review your application. There are strategies to streamline international patent prosecution, such as the Patent Prosecution Highway (PPH).

There are ways to defer those foreign patent costs. PCT is one mechanism to delay the filing in each foreign country.

Costs will depend upon number and scope of claims

Some foreign patent offices charge a hefty for claims in excess of a certain number. For example, the European Patent Office (EPO) charges an excess claim fee of nearly US$300 for each claim in excess of 15. In the US, 20 is the limit for utility nonprovisional applications.

Certain patent offices are less lenient in reviewing multiple claim sets. In the EPO, it is common to reduce the claims into a single claim set with only one independent claim. This raises the probability of filing continuing applications, which will increase cost.

This is a universal truth of utility patents – broader claims will encounter a higher probability of rejections. If you intend to fight for broader claims in foreign countries, expect an uphill battle even with a granted PPH request.

Costs will depend upon technology and prior art

Is the prior art crowded for your particular area of technology? If so, you can expect a higher probability of multiple rejections. Many foreign patent countries implement a two-stage process of examination:

  1. Initial filing (i.e., national stage application or conventional priority application under Paris Convention);
  2. Subsequent examination deadline.

In other words, many foreign countries require the patent applicant to file a request for examination that may be several years after the initial filing. This allows the applicant to conserve cash flow and defer foreign prosecution costs. This also buys time to enable the applicant to take advantage of any expedited patent procedures, such as PPH.

Costs will depend upon the language of the foreign country

Translation fees are a big part of foreign patent costs. It’s translating not only the patent application into a foreign language, but every Office Action and reply. Most foreign IP firms handle translation in-house, since they need to translate Office Actions into English and translate English instructions from the US client or patent attorney into their country’s language.

How to reduce international patent costs

You can easily how costs will multiply depending upon the number of countries, although the EU counts as one filing until the EPO application is allowed (at which point it will be “validated” in each individual European country). Here are ways to streamline international patent prosecution and control costs.

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Frenda Williams
Frenda Williams
2023-02-21
I have had the pleasure of working with Vic and his team at Innovation Capital Law Group on Trademark creation and contracts. As a solo and non-tech founder, the assistance, guidance and recommendations from Vic and his team have been INVALUABLE. And, with the knowledge that I have a Solid, well versed and caring legal team I can turn to, I have the confidence I need to navigate the intricacies of the tech industry as a solo founder. With that being said, If you’re a startup and you’re looking for a legal team that speaks your language, knows the industry and makes you feel like family…. Innovation Capital Law Group is a Perfect fit for you, your company and your team. Five out of Five Stars… don’t let their brilliance blind you 😁
Shiwei Liu
Shiwei Liu
2023-02-20
Excellent service and quick response. Lots of informative documents on its website.
Chang Chien Michael
Chang Chien Michael
2023-02-20
I have worked with iCap for more than 7 years. I am very glad with his professional knowledge that 7 utility patents were granted by USPTO. Vic and his team are very efficient and knowledgeable. Every time he can transcribe my design idea perfectly in two weeks and file it with no rejection from USPTO. The other service including the granted patent following up is always in time to remind me to take actions. That is why I still stick on iCap as my first priority when I want to file a US patent.
Mats Johansson
Mats Johansson
2023-02-20
We have been happy client for 10+ years. Awesome Patent Law Firm!
Hanson Chang
Hanson Chang
2023-02-16
Glad to write a review for Innovation Capital Law Group. We previously worked with a big law firm (2200 employees) on our patents, and decided to shift over to Innovation Capital. It was a great decision, this team got our patents done faster, more effectively, at a lower cost, and with broader claims. Win all around
Genevieve Springer
Genevieve Springer
2022-09-09
Clear, discernible tools and strategies couched within a business conceived from a genuine interest in doing right by founders.
InPlay Inc
InPlay Inc
2022-06-30
Vic and his team have been providing us with the best patent application experiences we could ever have in our entire career life! Their professionalism and technical knowledge have really saved us a lot of communication effort and time on the applications. Definitely highly recommend if anyone is looking for help with IP protection for their business.
Meg Crowley
Meg Crowley
2022-03-05
After working with Vic and his team at Innovation Capital Law Group, our organization is confident our trademarks were solid and protected. Thank you team.
Andy Dong
Andy Dong
2022-02-28
I have been using Innovation Capital Law Group for a few years and continue to use them. They have provided an excellent services on our legal issues including intellectual properties and patents . They are very responsive, easy to work with and very competent . I highly recommend them.

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