Louis Ventre, Jr.

UTILITY PATENT APPLICATION COSTS

(Reflects Government fees effective 02-APR-2019)

How Much is it Going to Cost Me?  In this Law Firm, individual inventors and small businesses get a discount and large entities get the benefit of lower than average fees:

• For most micro-entities, the expected total cost through patent application filing (preparing and filing a utility patent application) is $3,430, which includes a fixed attorney fee of $3,000 plus expected filing costs of $430. The expected costs for a micro-entity through patent issuance is $6,000, which includes likely legal fees after filing of $2,250 plus government allowance fees of $250. If a U.S. Patent Office examiner makes a final rejection, the likely costs to a first final rejection are typically about $5,500. You can often proceed further with the payment of additional filing and attorney fees. Cost may vary.

• For most small entities, the expected total cost through patent application filing (preparing and filing a utility patent application) is $3,785, which includes a fixed attorney fee of $3,000 plus expected filing costs of $785. The expected costs through patent issuance is $6,535, which includes likely legal fees after filing of $2,250 plus government allowance fees of $500.  If a U.S. Patent Office examiner makes a final rejection, the likely costs to a first final rejection are typically about $5,900. You can often proceed further with the payment of additional filing and attorney fees. Cost may vary.

• For all the rest (which are grouped as "large entities"), the expected total cost through patent application filing (preparing and filing a utility patent application) is $7,720, which includes a fixed attorney fee of $6,000 plus expected filing costs of $1,720 (government fees effective beginning 02-APR-2019). The likely cost through patent issuance will be about $12,470, which includes likely legal fees after filing of about $3,500 plus government allowance fees of $1,000, plus an attorney fee of $250 for filing the allowance papers.  Cost may vary.  These large entity fees are negotiable when more than a single transaction is contemplated.

• An applicant can request expedited handling by USPTO for additional government fees of $4,130.00 for a large entity and $2,070.00 for a small entity. Conditions apply. Expedited handling means a 12-month to decision calendar for your application. See the USPTO Federal Register announcement.

• See below for a comparison with typical intellectual property law firm charges.

• So why is it so expensive?

• Do I need a design, utility or plant patent?  See the FAQ that describes "What is Patentable" in each type of patent and What disqualifies you from obtaining a patent.

What is a Micro-Entity?  A micro-entity is an applicant who qualifies as a small entity; has not been named as an inventor on more than 4 previously filed patent applications; did not, in the calendar year preceding the calendar year in which the applicable fee is paid, have a gross income exceeding 3 times the median household income ($177,117); and has not assigned, granted, or conveyed (and is not under obligation to do so) a license or other ownership interest in the application concerned to an entity that, in the calendar year preceding the calendar year in which the applicable fee is paid, had a gross income exceeding 3 times the median household income. Also, where the applicant receives the majority of his income from an institution of higher learning or where the applicant is under an obligation to assign or license the application to an institution of higher learning, micro-entity status applies.

What is a Small Entity? The United States Patent and Trademark Office defines a "small entity" as, generally, an independent inventor, a small business, or a nonprofit organization.  A small business generally has fewer than 500 employees, including affiliates.  One does not qualify as a small entity if the invention has been assigned, granted, conveyed, or licensed (or the inventor is under an obligation to do so) to a large entity.  If you meet the tests for a small entity, the government gives you a 50% discount in many filing costs.   If you meet this test and you are also not a university, a government contractor whose patenting costs are paid by the government, or a government agency, then the Law Firm of Louis Ventre, Jr. also gives you a discount.

Further Cost Breakdown and Details. 

• Preparing the Application.  If Louis Ventre, Jr. agrees to represent you, small entities pay a fixed attorney fee as described above for preparing a utility patent application, or at your option, you may pay by the hour ($175 per hour).  The fixed price is usually a bargain for the client.  Large entities pay a fixed price, described above, for preparing a utility patent application, or at your option, may pay by the hour ($250 per hour).

• Retainer (Deposit).  The full anticipated cost of preparing and filing your application is deposited at the time of contract signing.  Any actual deficit because of costs incurred is billed after the patent is filed and any actual surplus because of less than expected costs is refunded after the patent is filed.  The deposit (also known as a retainer) is, with certain exceptions involving high failure risk invention areas, refundable if a patentability search results in your decision not to proceed. For the high failure risk areas, all but $1,000 is refundable. See below to read about the refund after a preliminary patentability determination.

• Patent Prosecution.  For applications prepared by Louis Ventre, Jr., a small entity pays $175 per hour for attorney services to respond to the patent office after filing the application.  This usually involves what is called "patent prosecution."  This Law Firm offers a cap or a maximum charge for small businesses of $2,000 for the usual patent prosecution costs to a final examiner decision.  If you want to proceed further after a final examiner decision, attorney fees are billed at $175 per hour for a small entity and $250 per hour for a large entity.  Unusual services like appeals or petitions are not covered by the cap.   A large entity or anyone who has an application not prepared by Louis Ventre, Jr. pays $250 per hourly rate and a cap is negotiable. 

• Patent Issuance.  To issue a patent, the United States Patent and Trademark Office charges a small entity $500 ($1,000 for a large entity) for allowance and publication fees.  Legal fees for preparing and filing the patent allowance papers are $250.

• Costs are Extra.  The Internet is used to its fullest to keep additional patent preparation costs to zero, if possible.  Unlike most patent attorneys, this firm prepares simple patent drawings in house for no additional charge.  This is the case for most patents.  However, if more complicated drawings are required, a draftsman may charge usually not more than $40 to $150 per drawing.  If an illustrator is required, this cost would be passed on to you.  Also, if you require printed documents, or U.S. postal mailings, the costs incurred, e.g., for printing, postage, copying, telephone and delivery, are billed to you in addition to the costs outlined above.

• How May I Pay.  Four major credit cards, eCHECK, and Paypal accounts accepted..  Anyone can also send payments using email with Paypal.  Foreign clients also find it useful to use Western Union.

For design patents, plant patents, and provisional patent applications some of the costs and details are different from those explained on this page. See the Frequently Asked Questions page to compare the types of patents available.

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