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Price Factors That Impact Patent Attorney Cost

Posted by Barry Choobin | May 02, 2024 | 0 Comments

There are several price factors that impact patent attorney costs. Evaluating the patent attorney costs is essential for a seamless application filing. Primarily, the cost of hiring a patent attorney depends on hourly rates. Additional charges may apply for services like patent search, drawings, and licensing deals with third parties. As a novel inventor yourself, get a clear understanding of overall patent lawyer costs to hire an experienced IP protection agent. Read on to learn about various price factors that determine patent attorney cost.

Type Of Patent

The type of IP protection is a critical factor that impacts overall patent attorney costs. With lower filing fees – provisional patents are an affordable approach to protect inventions during the initial stages. In fact, you may file a provisional application for $179 with an experienced fixed-price patent attorney. Of course, factor in the additional non-provisional filing fee after 12 months to secure the final utility patent. Consider design patents to protect the overall appearance of your invention. The design patent cost is more affordable than utility applications – with services starting from $999. Indeed, identify the type of patent required to evaluate IP attorney cost.

Patent Application Quality

Next, application quality is another important factor that impacts patent attorney costs. Ultimately, application quality depends on the potential invention value, patent goals, and scope of IP protection. A high-quality patent application may restrict other inventors from copying your invention. Plus, these carefully drafted applications eliminate the risks of common filing mistakes. Keep in mind that patent attorneys with extremely low filing charges may fail to draft a high-quality application. Hire an experienced patent attorney with fixed charges to file a quality application and meet your IP protection goals. Indeed, factor in application quality while evaluating patent attorney costs for your invention.

Invention Complexity & Scope Of Protection

Patent attorney costs also depend on invention complexity and scope of protection. Technically complex products require detailed documentation – ultimately increasing the lawyer's charges. Similarly, inventors looking to expand overseas must consider geographical scope to evaluate overall patent filing costs. Typically, foreign patent applications require separate filing for each country. As a result, these international patent applications may cost significantly more than a standard application. Consult your patent attorney for the best cost-effective patent strategy – based on the overall product complexity and IP protection requirements. Definitely, invention complexity and scope of protection impact the overall patent attorney costs.

Application Writing & Drafting Time

Application writing and drafting time is another critical factor that impacts patent attorney costs. The most time-consuming task in the patent lifecycle – application writing costs primarily depend on complexity, technical field, and required patent claims. To avoid long-term expenses, hire an experienced patent attorney – skilled to write applications in your technical field. Similarly, the cost to draft a patent also depends on multiple factors and takes up to multiple weeks for successful filing. Indeed, application writing and drafting time clearly impact the patent lawyer's charges.

Responses To The USPTO

Finally, responses to the USPTO also impact the patent attorney fees. Patent lawyers may charge varying fees for responding to USPTO office actions. For instance, a simple office action response may not require detailed arguments and be more affordable. With these responses, your lawyer may directly modify the application – without your input. Meanwhile, a complex office action with rejected claims may increase the cost of an attorney's response. These responses may depend on the grounds for rejection, required amendments, and cited prior art references. Certainly, consider responses to USPTO office actions a critical factor while evaluating patent attorney costs.

There are several factors that impact the patent attorney cost. First, the cost to file a patent depends on the type of IP protection required. Of course, the overall patent quality also impacts the attorney's fee – with high-quality applications being more expensive. Many patent attorneys charge varying fees based on an invention's complexity and scope of IP protection. In addition, the time to write and draft patent applications also increases the overall filing cost. Finally, your patent attorney may charge different fees to create a well-amended response to USPTO's office actions. Follow the points above to learn more about multiple factors impacting patent attorney costs.

About the Author

Barry Choobin

Barry Choobin with Jonathan W. Dudas. Jonathan W. Dudas served as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office until January 18, 2009. Barry Choobin is Chief Executive Officer at Patent 360 LLC. Applying his business and tech...

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