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You are here: Home / Patent costs / What is the average patent cost?

What is the average patent cost?

June 5, 2022 by James Yang

The average cost of a patent is between $15,500 to $28,000.  The average patent costs depend on various factors:

  1. Whether you file a provisional or nonprovisional patent application first;
  2. Whether you expedite your patent application; and
  3. The complexity of the technology. 

The factor that has the most significant impact on the total cost is the examination stage.

Let’s go over the following chart which covers the average range of costs at each step of the patent process. 

Average Patent Cost Chart

The first step in the patent process is a patent search.  A reliable patent search will cost you between $1,500 to $2,000.  The patent search determines if your invention is new or if someone else has already thought of your idea.

Next, you have two options.  You can file a provisional patent application or a non-provisional application.  The cost of a provisional utility patent application (“PPA”) is about $6,500 to $13,000 for a well-written provisional application.  If you want to pay less than this, you will have to sacrifice quality.  Filing the provisional patent application establishes patent pendency for your invention.  You have 12 months to market your idea.

The cost to upgrade the PPA to a non-provisional patent application (“NPA”) is about $1,5000.  This is assuming that your provisional was thoroughly prepared.  You didn’t pay someone to prepare and file a low-quality patent application for a low price.  The $1,500 covers the filing fee to be paid to the United States Patent and Trademark Office (“USPTO”), the drawing costs, and the attorney fee. 

Alternatively, you can file the NPA after the patent search.  The cost of the non-provisional patent application is about $8,000 to $15,000.

After the USPTO works through its backlog of patent applications, the examiner will render an office action.  The office action lets you know whether you will be granted a patent.  You have entered the examination stage of the patent process. You should budget about $5,000 to $10,000 for the examination stage to present arguments to the examiner to grant your patent.

Upon allowance, you have to pay an issue fee which is $1,000.

The total average cost to get a patent is between $15,000 to $28,000. If you think that a patent is expensive you can watch my video on how to afford a patent.

At the end of the pattern process, there is no guarantee of a patent but there are ways to increase the likelihood of securing a patent.  

This article is part of a series called Essential Patent Strategies. Here is a list of all of the articles:

  1. Start Here: Essential Patent Strategies
  2. What is a patent search and How to do it?
  3. How to conduct a DIY patent search
  4. How much does a patent search cost? (Patent Search Service)
  5. How to protect Inventions Involving Third Parties? (Nondisclosure Agreements and other basic agreements)
  6. Delaying patent costs to have more money for marketing with a provisional application
  7. How much does a patent cost?
  8. How to Get a Patent as Fast as Possible
  9. What is the average patent cost?
  10. How much does a quality patent cost?
  11. Patent Cost Framework and cash flow
  12. How much does a design patent cost?
  13. Is a design patent right for you? (Should you get a design patent or a utility patent for your invention?)
  14. How to Create a Strong Patent?
  15. How to build a patent portfolio?

Author

James Yang is a patent attorney. For more than 16 years, James Yang has been representing clients to secure patent protection for their inventions and register trademarks to protect their brands. If you need help, call him at (949) 433-0900. Read More…

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