What is the average cost of a patent?

The cost depends on the type of patent being pursued. A U.S. provisional patent application or a design patent application typically costs $2,500 - $4,000 from start to finish (including fees to the government).  Our average client seeking a U.S. non-provisional (utility) patent application typically spends $11,000 - $14,000 over the course of a 2-4 year period, inclusive of estimated prosecution of application and fees to the government.  

Patent FAQ

Can patent applications get accepted without any back and forth between the Patent Office and the attorney?

Yes, this can happen but it is extremely rare.  The USPTO rejects the majority of applications in an initial office action.  Once rejected the attorneys will contact you to discuss the rejection, the chance of overcoming the rejection and the amendments or arguments that the attorney will make in response. There can be multiple office actions prior to the Patent Office allowing an application.  

How long does the entire patent process take?

The patent process takes between    2 - 4 years from start to finish. Once the Patent Office receives the patent application, an Examiner reviews the application and typically issues an office action an attorney must respond to.  This back and forth can continue as the Patent Office considers the application.  

Why are the benefits of owning a patent? 

Patent protection grants you the exclusive right to make, sell, manufacture, import and use your invention.  Therefore, you can stop others from making, selling, manufacturing, importing or using a product or process that infringes on your patent.  You can also license or sell your rights in the patent.  

I have a great idea for an invention, but I'm not sure if it's already been patented. 

The first step in the patent application process is a search for prior art patents or publications that disclose similar structural or functional features as the proposed invention. Our attorneys review the prior art and draft an opinion letter regarding the potential scope of protection that your application would be entitled to and the chance of patentability.  

What if I have an idea for an invention, but I do not have a prototype? 

You do not need a prototype to submit a patent application to the USPTO. However, it is necessary to describe in detail how the invention is made such that one who is skilled in the art can make and use the invention.  

How will I know the status of my patent application during the process?

Our attorneys and staff will keep you informed of the correspondence between the Patent Office and your attorney.  Additionally, you can contact our office at any time for a status update or to discuss an issue with the attorney.   

Where can I find more information on patents?

More information can be found under the patent sub-page on this website, the U.S. Patent and Trademark Office website at www.uspto.gov and the World Intellectual Property Organization at www.wipo.int.