How to Estimate Patent Costs
Patent costs vary widely. This post is intended to be more of a cost guide than an actual patent cost calculator, but I hope you still find it helpful. Here are rough patent cost estimates which are subject to increase.
A helpful way to navigate through this patent cost calculator is to first determine the type of patent filing you need, e.g., design patent, utility patent, PCT or US national stage application. From there, you can quickly find the appropriate sections and associated cost estimates. Note that all USPTO fees are quoted at small entity (e.g., individuals or company with less than 500 employees).
Need to file a patent with flat rates? Contact US patent attorney Vic Lin at vlin@icaplaw.com to explore how we can help you get patents that will drive sales and add value.
Design Patent Costs
A design patent application typically has a greater chance of getting allowed without rejections. With the advent of AI in design searching, expect rejections to increase.
A very common rejection is when the applicant disclosed or sold their own product within one year of the filing date. For example, the applicant may have sold product on Amazon.com prior to filing the design patent.
In those situations, the examiner is likely to issue an Office Action rejecting the design patent application using the applicant’s own prior sales as prior art. An effective response with a high success rate is to submit an affidavit declaring that the prior sales found by the examiner actually belong to the applicant.
So here are rough estimates for design patent costs from start-to-finish:
- No rejections: $2,400
- 1 rejection based on applicant’s own prior sales: $4,800
- 1 rejection based on prior art: $6,000
As of the date of this post, design patent applications enjoy a high allowance rate of 83%.
Utility Patent Costs: Nonprovisional Patent Application
In estimating costs for a utility nonprovisional patent application, you have consider both the initial filing cost and ongoing prosecution costs. Initial filing costs can be determined with greater precision while ongoing costs are typically uncertain due to the unpredictable nature of patent examiners.
Utility Patent Initial Filing Costs
Initial filing costs for utility nonprovisional patent applications will primarily depend on the complexity of the invention and the number of examples (aka “preferred embodiments”).
Here are rough initial filing estimates for utility patent applications including USPTO and illustrator fees:
- Low complexity: $8,000 to $10,000
- Medium complexity: $10,000 to $14,000
- High complexity: $14,000 and up
Utility Patent Total Costs
In addition to the initial filing cost, the total utility patent cost must also account for the number of rejections, known as Office Actions.
Approximately 90% of utility patent applications will receive at least one Office Action. A typical utility patent application will receive between one to four Office Actions.
Here are rough total cost estimates for a nonprovisional utility patent application:
- 1 Office Action: $12,000 to $18,000
- 2 Office Actions: $15,000 to $25,000
- 3 Office Actions: $20,000 to to $35,000
- 4 Office Actions or more: $25,000 and up
Utility Patent Costs: Provisional Patent Application
Provisional patent applications (PPA) are not examined meaning they do not get rejected or approved. Provisionals merely serve as placeholders.
Therefore, the cost of drafting and filing a provisional patent application will largely depend upon the complexity of the innovation.
Provisional Patent Costs
So here are rough estimates for drafting and filing a provisional patent application:
- Low complexity: $3,500 to $5,000
- Medium complexity: $5,000 to $7,000
- High complexity: $7,000 and up
There are no ongoing costs after filing a provisional patent application except to convert it to a nonprovisional application.
If our firm drafted your provisional, then we can convert your provisional to a nonprovisional for the same cost as the provisional. Additional costs may apply for adding new matter that was not included in the provisional.
PCT Application Costs
An international PCT application is a nonprovisional utility patent application that must be properly drafted and timely filed to preserve international rights. It serves as a placeholder, buying extra time to file national stage applications in desired foreign countries.
To be properly drafted, you cannot simply take an informally written provisional patent application (such as a Do-It-Yourself job) and file it as a PCT application.
Assuming your PCT application is properly drafted, here are PCT cost estimates:
- Filing PCT application: $4,000 to $5,000
- Filing PCT claim amendments: $1,600 to $2,400
- Filing national stage applications: variable depending upon selected national stage countries.
PCT to US National Stage Application Costs
Filing a US national stage application based on a PCT application will include the initial filing documents such as the PCT application, formal documents and an Information Disclosure Statement (IDS) to disclose known prior art references.
In many cases, the PCT claims are not in an ideal condition for USPTO examination. For example, many PCT applications contain multiple dependent claims which would incur very expensive USPTO government fees. Therefore, our firm typically recommends filing a Preliminary Amendment to change multiple dependent claims to single-dependent claims.
Here are initial filing estimates for a US national stage application based on a PCT app:
- US national stage application with IDS: $1,594
- US national stage application with IDS + Preliminary Amendment: $1,944
Additional costs may apply for the following:
- USPTO claim fees (basic fee covers up to 3 independent claims and 20 total claims)
- USPTO multiple dependent claim fees
- Late filing of documents
Need a Patent Quote?
Reach out to US patent attorney Vic Lin at vlin@icaplaw.com to request a flat rate estimate for your patent filing.
For flat fee cost estimates on trademark filings and other IP matters, see our Costs page.
