What Is The Actual Cost To Patent A Design With Intellectual Property


There is a lot to know about the cost too patent a design with legally-binding intellectual property (IP). Once you have an invention with unique aesthetics or visual characteristics, design protection should be at the top-of-mind. Unfortunately, traditional design patent costs are often far too much for bootstrapping inventors. Fortunately, you can still acquire effective IP with skilled, professional, and affordable USPTO design patent services. With these solutions, you can save money, obtain IP quickly, and effectively deter knockoffs. To get started now, read on to learn the actual cost to patent a design with intellectual property.

The Average Design Patent Cost

Before you look any further, consider the average cost to patent a design. On average, you can expect to spend around $850 for a design patent application. This is in addition to a $255 government filing fee, which is imposed by the USPTO. Of course, this price is primarily given to larger business entities. If you classify as a small or micro-entity, you may qualify for a lower rate. There are traditionally extra expenses for hiring a patent lawyer as well. These are the professionals that will draft, file, and register your IP. Certainly, consider the average cost to patent a design with intellectual property.

Design Patent Cost Additions

Next, add any possible cost additions into your USPTO patent cost calculator. While the average design patent cost is right around $1,100, there are several possible add-ons you may want to pursue. Most prominently, inventors receive a patent search report. These investigatory reports thoroughly search issued, pending, and published patents – as well as any other similar prior art references. These give you a clear understanding into your patentability, or the likelihood that your application will be approved. For this service, you can expect to pay an additional $300. However, this will certainly save you lots of money, time, resources, and energy in the long-run. Surely, think about any additional costs that could be added to your USPTO design patent bill.

USPTO Office Action Response Fees

Of course, factor in any USPTO office action fees associated with design patent protection. Simply put, an office action is a written correspondence from USPTO patent examiner, which is sent when a rejection occurs. Once received, your design patent lawyer must clearly and professionally respond to each objection made. Office action response fees vary depending on the complexity and rebuttal involved. On average, you can expect to spend anywhere from $1,500 to $3,000 throughout this process. Indeed, add in the design patent costs associated with office action response fees.

Cost For Full Utility Patent Protection

If you plan on protecting your invention’s functionality as well, consider the total cost for full utility patent protection. A design patent will only protect your invention’s visual, ornamental characteristics. If you want to protect it’s functionality, you need to secure a non-provisional, utility patent. Of course, these applications cost upwards of $3,000, in addition to a $500 USPTO filing fee. Of course, this patent will provide protection extending up to twenty years. Absolutely, consider the skills for utility patent protection so you can begin budgeting early.

Patent Maintenance Expenses

Furthermore, add in charges for design patent maintenance. Fortunately, design patents do not require regular maintenance fees. Once your patent is issued, your cost requirements are officially met. If you do seek utility patent protection, on the other hand, you will need to prepare for IP maintenance fees. On average, you’ll have to pay these fees every four years. Fortunately, your experienced patent practitioner can help you establish a schedule to track maintenance cost obligations. Definitely, design patent maintenance costs can additionally impact your final bill.

There are several important steps to calculate the actual cost to patent a design with IP. First off, familiarize yourself with the average costs to file a design patent online. During calculation, factor in any possible cost additions – such as a patent search, IP analytics, or additional consulting. After this, you should also consider any fees for USPTO office action responses. If you are interested in utility patent protection, factor in these added expenses as well. You should also consider maintenance expenses for after your IP is issued. Follow the points highlighted above to learn the actual cost to patent a design with intellectual property.

Scroll to Top