So, What is this all going to cost?
My practice is not based on an hourly rate, but rather task related. In general, my fee for drafting a patent application is $4400. There are additional charges for drafting (drawing) services. Drafting involves an independent contractor. Presently the fees are about $125/page of drawings, depending on the level of expertise necessary to convert your idea into a “drawing”. Usually there are about 4 or 5 pages of drawings, though there may be more, or less, depending on the invention. I will note here that a “design patent” requires six views of the device, four sides, top and bottom. Ideally, the draftsman only does the drawings deemed to be necessary. I try to work closely with the draftsman so that only the necessary drawings are done. We are cognizant that each inventor seeks to lessen the financial impact in any way they can. This is understandable, and it is my job to get the most value for your dollar.
Other fees include the Patent Office application fee, which is, at present $545. My practice does not entail watching a clock, and I generally do not bill at any hourly rate. If, however, there are additional services the inventor seeks or requires, such services may be either provided at a fixed cost basis, or, upon the choice of the client, may be billed at an hourly rate. Presently my hourly rate is $350/ hour plus out-of-pocket expenses incurred on your behalf. Note that the hourly fees are billable only upon mutual agreement as to those fees. In other words, unless you understand and agree to the charge, it will not be charged. Most clients prefer to know the “bottom line”, so the fixed amount billing is a way that they can know the cost, and control the cost. I do all I can to avoid any surprise costs or charges.
I do not bill for time spend answering questions, either in person, or on the telephone. I prefer conversation because, at times, much information has to be conveyed, and it is more efficient to talk things out, rather than to try to condense sometimes complicated ideas into a letter or an e-mail. The vast majority of clients respect that I only have a fixed amount of time in a day, and they only call when they need information or assistance. On very rare occasions, a client may call many times. To date I have never invoked an hourly rate on anyone for time spent talking. It is my goal to never do so.
Amendments to the claims vary, depending on the amount of work to be done. A full amendment, responsive to each of the Examiner’s rejections costs $1400. Amendment which require less work, carry a lesser charge. In the case where there are only minor changes, my fee is $400.
If and when the patent is allowed, there is an issue fee. Currently the Issue Fee is $755. I charge $200 for document preparation. When the issue fee is paid, the patent goes to the printer, and usually, about 6 weeks later, the patent is issued.
In general, an inventor can expect to spend between $5,500 and $7500 in a usual patent process. This assumes 4 or 5 pages of drawings, and one amendment. There may be two, or even three amendments. Every amendment has a fee, and the fee adds to the total cost. If, on the other hand, you have less than 4 or 5 pages of drawings, the fees will be reduced. Also, if your patent application is approved upon first examination, and amendment is not required, the fees will be likewise reduced. But you can pretty much count on at least one amendment.
When the patent is issued you will receive a patent number, and an issue date (usually found at the upper right hand corner of the patent document). That date is the beginning date of the maintenance fee “clock”. You will have to pay a maintenance fee (kind of like a tax) for maintaining the enforceability of the patent you have been granted. The maintenance fees are (for a small entity, meaning, in one case for employers less than 500 employees) $490 at three and one half years, $1240 for seven and one half years, and $2055 for eleven and one half years. The patent remains in force for a period of twenty years from the date of the filing of the patent application. After twenty years, the patent is no longer enforceable, and belongs in the public domain. (If you do not pay the appropriate maintenance fee, your patent will then expire, and will enter the public domain upon expiration).
To repeat, it is up to the inventor to make the maintenance fee payment in a timely fashion. If you do not pay the maintenance fee on time, your patent will expire, and become public domain. The maintenance fee varies with the time after issue, and is paid directly to the Patent Office.