The Law Firm of
Louis Ventre, Jr.
Registered Patent Attorney
UTILITY PATENT DETAILS
UTILITY PATENT APPLICATION COSTS
(Reflects Government fees effective 19-MAR-2013)
How Much is it Going to Cost Me? In this Law Firm, individual inventors and small businesses get a discount and large entities get the benefit of lower than average fees:
What is a Micro-Entity? A micro-entity is an applicant who qualifies as a small entity; has not been named as an inventor on more than 4 previously filed patent applications; did not, in the calendar year preceding the calendar year in which the applicable fee is paid, have a gross income exceeding 3 times the median household income (for 2011, the most recent year that data is available, the median income was $50,054 and 3x that is $150,162); and has not assigned, granted, or conveyed (and is not under obligation to do so) a license or other ownership interest in the application concerned to an entity that, in the calendar year preceding the calendar year in which the applicable fee is paid, had a gross income exceeding 3 times the median household income. Also, where the applicant receives the majority of his income from an institution of higher learning or where the applicant is under an obligation to assign or license the application to an institution of higher learning, micro-entity status applies.
What is a Small Entity? The United States Patent and Trademark Office defines a "small entity" as, generally, an independent inventor, a small business, or a nonprofit organization. A small business generally has fewer than 500 employees, including affiliates. One does not qualify as a small entity if the invention has been assigned, granted, conveyed, or licensed (or the inventor is under an obligation to do so) to a large entity. If you meet the tests for a small entity, the government gives you a 50% discount in many filing costs. If you meet this test and you are also not a university, a government contractor whose patenting costs are paid by the government, or a government agency, then the Law Firm of Louis Ventre, Jr. also gives you a discount.
Further Cost Breakdown and Details.
For design patents, plant patents, and provisional patent applications some of the costs and details are different from those explained on this page. See the Frequently Asked Questions page to compare the types of patents available.
this web page in pdf format: (6 printed pages, 53 kb)
MORE ON GOVERNMENT PATENT APPLICATION FILING COSTSFees. The Government charges (as of 19-MAR-2013) a small entity a $800 initial application fee ($730 if electronically filed) consisting of search fee ($300), an examination fee ($360) and a filing fee ($140). This Law Firm's clients usually get the Government's $70 small entity discount for electronically filing a utility patent application. The Government's large entity filing fees are double those for small entities and there is no electronic filing discount (govenment fees effective beginning 19-MAR-2013).
Excess Claims. Extra fees are due when the number of claims is larger than 20 or if there are complex claims. You can look up all the latest fees at the patent office site: http://www.uspto.gov/web/offices/ac/qs/ope/fee031913.htm. Govenment fees referenced on this page are those effective 19-MAR-2013.
Total Government Fees. Adding usual application fees for a small entity ($730), plus patent issuance and publication fees($1,190), plus patent maintenance fees ($6,300) totals to minimum Government fees for a utility patent of $8,220. For a large entity, these are, respectively, $1,600 + $2,080 + $12,600 = $16,280.
WHAT OTHER PATENT ATTORNEYS CHARGEWhat the Competition Charges.
According to the 2011 American Intellectual Property Law Association Economic Survey of 2010 costs --
These costs are in addition to the following costs, which are usually included in the amount charged by Attorney Louis Ventre, Jr.
In addition, the usual filing and other costs,
discussed above, are added to these charges.
PATENT APPLICATION PREPARATION AND FOLLOWING
What is filed? An application is typically
drafted from your write-up of the invention and the completed package is
submitted electronically. A U.S. patent application can be prepared
in about 4 weeks or less. If time limits are about to expire, or if
you simply want to get up to an extra year of protection, you may want to
submit a provisional
patent application that fully describes the invention.
According to the 2011 American Intellectual Property Law Association Economic Survey, the median cost in 2010 for a novelty search is approximately $2,000. Back to top
OTHER PATENT APPLICATION OPTIONS
International Patent. The right conferred by
the United States Government in a patent grant is, "the right to
exclude others from making, using, offering for sale, or selling" the
invention in the United States or "importing" the invention into
the United States. A U.S. Patent offers protection only in the United
States. See the page on PCT
applications for more information on international patent protection.
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© 2004 Louis Ventre, Jr.
This file last modified 03/15/13.