INFO & FEES


Large
Business

Small

Business

Micro 
Entity
Utility Basic Filing fee -or-
Electronic Online
$280.00
N/A
N/A
90.00
$70.00
N/A
Independent claims in excess of three
420.00
210.00
105.00
Claims in excess of twenty
80.00
40.00
20.00
Multiple dependent claim
780.00
390.00
195.00
Utility Search Fee
600.00
300.00
150.00
Utility Examination Fee
720.00
360.00
180.00


These fees are in addition to the USPTO fees.

What are the Patent Office fees to obtain a patent?

The Patent Office can change their fees related to patent applications without prior notice, but an abbreviated list for a Utility patent is in the next table:

Abbreviated US Patent and Trademark Office (USPTO) Utility Patent Fees

Patent Maintenance Fees

What are typical steps to obtain a US utility patent?

Often, the patent application process will follow these general steps:
1. Utility application filed at the USPTO.
2. Examiner at Patent Office examines application and issues first office action.
3. If examination favorable, patent proceeds to issue.  If not favorable, applicant files response to argue patentability.
4. Examiner re-examines application, and issues another office action.  If favorable, patent proceeds to issue.  If not favorable, applicant files additional response to argue patentability.
5. Examiner and applicant continue this process until the application is allowed, the applicant files an appeal, or the applicant discontinues.  This process may include filing requests for continued examination (RCE), various appeals, and other papers which involve additional fees.

Each patent situation is unique, and may deviate from the above steps.

Does a US patent provide patent protection in other countries?

No.  An applicant may also choose to file a Patent Co-operation Treaty (PCT) application to start the international application process.  The applicant must file a PCT application within 12 months of the US application filing date.  If the applicant wishes to obtain patent protection in foreign countries, the applicant should be prepared for significant expense ($5,000 to $15,000) in each country. 


Disclaimer 


The information contained in this website should not be construed as legal advice or patent advice on any subject matter. Loen Patent Services, LLC expressly disclaims all liability in respect to actions taken or actions not taken based on any or all the contents of the website. The content is included for informational purposes only, and may not reflect current developments. Clients or others should not act or refrain from acting on the basis of any content included in the website without seeking the appropriate legal or other professional advice.  The viewing of the website, in part or in whole, and/or communication with Loen Patent Services, LLC via Internet, email, or otherwise through the website, does not constitute any kind of relationship between Loen Patent Services, LLC and any recipient or sender.  Loen Patent Services, LLC is not responsible for any third party content that may be accessed through this website.

Filing, Search, Exam Fee for Secure Internet Filing (paid when filed)
$400.00
Issue Fee and Publication fee (paid when allowed) 
$240.00
Patent Maintenance Fees (paid periodically after granted) 
$3,150.00


Utility issue fee
$960.00
$480.00
$240.00
Publication fee
-
-
-

To summarize, the USPTO fees for the simplest utility patent, micro entity fee reduction, readily granted by the USPTO, and without any complications: 
 

USPTO Fee Schedule for January 2017

What is a Patent?

When most people think of a patent, they think of a utility patent.  A patent is an intellectual property right granted by the US Government to an inventor “to exclude others from making, using, offering for sale, or selling the invention throughout the US or importing the invention for a limited time in exchange for public disclosure of the invention when the patent is granted.

In fact, there are three types of patents. Utility patents are granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof. A design patent is granted to anyone who invents a new, original, and ornamental design for an article of manufacture. A plant patent is granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

What cannot be patented


  • Laws of nature, Physical phenomena, Abstract ideas, Literary, dramatic, musical, and artistic works (these can be Copyright protected) 

 

  • Inventions which are not useful (such as perpetual motion machines) or offensive to public morality


The utility patent begins when granted and ends 20 years after the filing/priority date if the maintenance fees are maintained. The design patent begins when granted and ends 15 years later.  A plant patent protects an asexually created man-made plant.  A plant patent begins when granted and normally ends 20 years after the application filing date.

What are the requirements for a Patent?


The invention must be useful, Novel, non-obvious, adequately described in an application, and claimed by the inventor in clear and definite terms. In addition, the invention must not be publicly known more than one year before the patent application is filed.  For example, if you have been selling the invention for two years, you cannot get a patent on it.

How do I know my invention is patentable?

Patentability decisions on applications are made by the Patent Office.  You file an application and make a case for patentability during the application process.  To form a judgment whether an invention is patentable, you can search previous public disclosures (prior art) including US patents.  After the search is made, a review is made to determine the likelihood of obtaining a patent. Statisicaly,  the ratio is about 50% issued utility patents to applications filed.

After an application is filed, the Patent Office conducts its own search as part of the official examination process.  The Patent Office will then form its own opinion on patentability and issue an office action.

How long does it take to get a patent?


This is difficult to determine because the time from application to the grant of a patent varies widely based on what kind of patent it is, complications during the application process, examiner rejections and requirements, the patent backlog in the particular examining group, etc.  However, a rough estimate for a utility patent is 2 to 3 years from the application filing date.  Lately the USPTO has been working hard to reduce the average time to first examination, and it is currently less than 1-1/2 years.

What are the fees charged by Loen Patent Services, LLC?


Each invention/patent application is unique and it is not possible to publish a fixed fee that applies to all applications.  However, typical fees and ranges will give you an idea of the likely fees:


Due at 3.5 years
$1,600.00
$800.00
$400.00
Due at 7.5 years3,600.001,800.00
900.00
Due at 11.5 years
​7,400.003,700.00
​1,850.00


Utility issue & Publication fees

               
A current list of the USPTO fees can be found on the USPTO website... 
(http://www.uspto.gov/web/offices/ac/qs/ope/fee092611.htm)

Utility Patent Application (simple-moderately complicated)
$2,900-4,500
Design Patent Application (simple - moderately complicated) 
$1,800-2,200
Provisional Application (simple - moderately complicated)
$1,800-2,500
Discounted Patent Search (simple - moderately complicated)
$800-1,000
Response to office action on the merits
$600-1,500