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How Much Does A Design Patent Cost To File From Start-To-Finish

Posted by Barry Choobin | Oct 05, 2023 | 0 Comments

Determine how much a design patent costs from start-to-finish in the US. Before registering for intellectual property (IP) protection, inventors should have a clear understanding on end-to-end design patent filing fees. Keep in mind, costs can vary significantly for large entities, complex inventions, and incredibly unique designs. As a novel inventor or designer yourself, knowing these costs can help you successfully prepare for the patent acquisition process. This way, you can work towards protecting your idea's ornamental design and characteristics with confidence. Read on to learn how much a design patent costs to file from start-to-finish.

Prior Design Searching Costs

First, there are specific costs to search for existing design patents and comparable prior art references. The cost for patent search reports is approximately $299 – depending on your attorney, industry, and invention complexity. You'll need to pay these fees to determine if someone already holds IP rights over your novel product design. Hire a design patent lawyer to obtain the maximum value from your intellectual property search. These qualified experts scan through a wide range of trusted patenting databases. Certainly, prior reference search costs add to the end-to-end design patent cost.

Design Patent Drawing Fees

Next, inventors may need to pay drawing fees as a piece of total design patent costs. Patent drawing costs can vary significantly – mainly due to your design's complexity, intricacies, and number of sheets needed. Typically, professional companies charge anywhere from $75 to $200 per sheet of drawings. If you are able to provide available reference materials – such as prototypes, rough drafts, or photographs – costs may be slightly lower. Surely, professional drawing fees can add to your start-to-finish design patent filing cost in the US.

Patent Application Preparation Expenses

In addition, application preparation expenses play a significant role in overall design patent cost. Speak with your attorney to fully-understand patent lawyer costs from start-to-finish. These costs cover the process of professionally preparing your patent application and supporting documentation. Generally speaking, the total cost for design patent application is about $845. Of course, certain attorneys charge more than others – regardless of their experience or expertise. So, be conscious when selecting legal counsel for design patent filing. Indeed, you also need to pay design patent application preparation costs for successful filing.   

USPTO Design Patent Charges

There are also specific design patent costs required by the USPTO. These expenses are paid directly to the government – specifically the United States Patent and Trademark Office. You'll be required to pay these pays upon submission of your design patent application. The exact amount you'll be charged is dependent on your classification as a micro, small, or large entity. Currently, both USPTO filing and issuance fees can vary from $250 to $1,000. Absolutely, familiarize yourself with the USPTO's required design patent costs for filing.

Design Patent Office Action Fees

If your application is initially rejected, you'll also be responsible for design patent costs on office actions. The USPTO sends office action rejections for substantive and non-substantive purposes. Depending on the reasoning, your attorney could charge approximately $500 to respond to these objections. Thankfully, office action rejections on design patent applications are significantly lower. So, you won't always have to pay these fees – unless your invention is in a highly competitive industry or market. Definitely, there are required design patent filing fees associated with office action responses.

There are several notable costs associated with end-to-end design patent filing in United States. Before your application is filed, you'll need to pay for a comprehensive search on comparable prior art references. Next, you'll be responsible for the charges associated with design patent drawings. Then, you'll have to pay an expert design patent attorney to prepare your application. The USPTO also imposes specific filing fees and charges. In case the application gets rejected, you also need to pay office action response fees. Follow the points above to learn how much a design patent costs in the US.

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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