Contact Us

Everything To Know About Patent Pending Cost In The United States

Posted by Barry Choobin | Sep 21, 2023 | 0 Comments

There's a lot of important information to know about patent pending costs in the United States. Inventors pay patent pending fees to emphasize when they're beginning the intellectual property filing process. Ultimately, exact costs vary based on the invention's complexity, attorney's fees, and government filing costs. As a novel inventor yourself, there's a lot to understand about all these costs – before you file a provisional patent application (PPA). Read on for everything you need to know about USPTO provisional patent costs in the US.

You Always Get What You Pay For

Just like with everything, you're always going to get what you pay for with patent pending costs. The provisional patent filing process may seem expensive at first. Keep in mind, you're paying for the exclusive right to use, manufacture, sell, or profit from your invention. If you invest a little additional money upfront, it'll likely result in a higher quality patent application. When it comes to your intellectual property, remember cheaper isn't always better. Even more, you should be an active participant in the filing process to maximize the value you receive. Indeed, you always get what you pay for when it comes to patent pending costs.

You Can Save Time & Money With A Patent Search Report

In addition, you can save on patent pending costs with an advanced and comprehensive IP search report. A professional patent search report examines pending and published prior art applications, which could be considered comparable to your idea. Expert patent search firms carefully scan all the places you wouldn't think to look — including technical journals, USPTO databases, and invention publications. The cost for these services can range from $199 to $299, depending on the required scope of search and your invention's complexity. After the report is prepared, your attorney will make recommendations regarding the competitive landscape. In some cases, functionality modifications and design alterations may be suggested before moving forward. Certainly, you can save money on patent pending costs with a detailed IP search report.

The Best PPA Attorneys Offer Affordable, Flat-Fees

When you're calculating patent pending costs, you should know that the best attorneys offer affordable, flat fees. If you hire an attorney to draft and file your provisional patent application, you should expect to pay around $179. Many lawyers charge costly hourly rates, which could leave you paying thousands for a patent pending status. Schedule a consultation with a USPTO patent agent to discuss costs early-on. Essentially, these fees account for your attorney's years of process knowledge and filing expertise. Certainly, you should know that the best IP attorneys offer affordable flat fees on patent pending costs.

You May Encounter Additional Filing Fees & Expenses

Keep in mind, you may encounter additional patent pending costs and fees during the process. For a start, you'll be responsible for government filing fees imposed by the US Patent and Trademark Office (USPTO). For provisional application, the current USPTO fee is approximately $60. If there are any objections, your lawyer may also charge for office action responses. Even if your idea is completely novel, unique, and non-obvious – another inventor may dispute USPTO approval. In this case, you may also need to pay for intellectual property prosecution fees. Absolutely, you could encounter additional patent pending costs and fees throughout the IP process.

There Are Additional Post-Filing Costs

After your receive a provisional application, there will additionally be post-filing costs. Becoming patent pending is just the start of the process. After your 12 month pendency expires, you'll need to convert to a design or utility patent application. Of course, these applications have flat filing fees ranging from $845 to $3500. In addition, the USPTO filing fee for design and non-provisional patents can be up to $364. Plus, there's maintenance fees due at regular periods after approval. Definitely, you should know about the additional post-filing fees that arise after the patent pending process.

There's a lot of important information to know regarding US patent pending costs. For a start, you'll always get what you pay for. That being said, you can definitely save some time and money with an advanced, comprehensive patent search report. Additionally, hire a provisional patent attorney that offers predictable and affordable flat-fees. Throughout the process, you could potentially encounter additional costs and expenses. Even more, there additional fees that arise after your patent is approved, granted, and issued. Check out the points above to learn everything about patent pending costs in the United States.

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...


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Intellectual Property Knowledge Center

Read articles about how to best protect your intellectual property rights. Become familiar with the ins and outs of intellectual property and get your invention or business up and running.

Patent Search Reports

Provisional Patents

Design Patent Filing

Utility Patent Drafting