How much does a US national stage application cost?

What is the cost of filing a US national stage application?

The initial cost of filing a Us national stage application based on a PCT application can vary widely depending upon teh US law firm or attorney. Some US firms charge hourly rates while others, like ours, charge flat rates. If the specification has already been translated into English, then initial filing costs of a US national stage patent application will depend on attorney’s fees and USPTO fees. USPTO fees can be straightforward for a standard filing with no excess claims and multiple dependent claims. For a small entity applicant (e.g., individual inventors or company with fewer than 500 employees), the USPTO fees for a national stage filing will amount to $830 as of the date of this post.

Our firm charges a flat rate of $590 for filing a US national stage application, which includes filing an executed patent assignment if ready by the time of the initial filing.

A PCT application will typically have a prior art search performed by the International Search Authority (ISA), with the results published in at least one search report. The USPTO is different from most foreign patent offices in that it imposes an obligation on the applicant to disclose known prior art. To meet this obligation, our firm charges a flat rate of $200 for filing an Information Disclosure Statement (IDS) to disclose the prior art cited in the published PCT application and in any other search reports.

Therefore, the initial filing cost of a US national stage application with an IDS for a small entity starts at $1,620 ($790 attorney’s fees + $830 USPTO fee for small entity).

For a large entity (e.g., company with 500 or more employees), the USPTO fees are roughly double at $1,820. So the initial filing cost of a US national stage application for a large entity starts at $2,610.

Initial filing estimate for individual inventors and small entity companies

If the applicant is a company, an assignment to transfer ownership of the patent rights should be filed. While the patent assignment is not mandatory at the initial filing, we prefer to submit an executed assignment with the initial filing if available. Filing the assignment upfront avoids the need for docketing and subsequent submission. Our firm does not charge any additional fees for filing an executed assignment with the initial filing.

Accordingly, our initial filing cost for a small entity company is no different than that for individual inventors, i.e., starting at $1,620.

What can increase USPTO fees for a US national stage application?

Several circumstances may lead to additional USPTO expenses in a national stage application. Some common reasons for higher USPTO fees include:

How to reduce US national stage costs

If the PCT application has multiple dependent claims, we generally recommend filing a Preliminary Amendment to remove the multiple dependencies. Eliminating the presence of multiple dependent claims will avoid a costly $410 USPTO multiple dependent claim fee (small entity). Any excess claims fees might also be reduced due to a lower claim count.

Our flat rate service fees are flexible. We do not want price to be a barrier to working with us, so please inquire about a discount if you or your clients are cost-sensitive.

How can you lower costs after the initial filing of a US national phase patent application?

There are various strategies to optimize claims and lower the risk of a multiple patent rejections. We discuss some PCT and national stage strategies here.

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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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