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Understanding Patent Costs

Matt Yubas

Let me try to help you understand the costs to file a patent.

With the America Invents Act, the US Patent and Trademark Office categorizes patent fees differently for individuals and organizations.


New Inventors
A first-time inventor would typically be classified by the US Patent Office with a status of "Micro Entity." The good news is that a Micro Entity has the lowest patent costs.



Patent Costs

The following patent fees are for Micro Entities (a typical first-time inventor):

Utility Patent Fees:

* Filing, Search, and Examination Fee: ($70 + $150 + $180) = $400

* Issue Fee when patent is granted: $240

* Maintenance Fee due by 3 years and 6 months after the grant date: $400

* Maintenance Fee due by 7 years and 6 months after the grant date: $900

* Maintenance Fee due by 11 years and 6 months after the grant date: $1,850


Design Patent Fees:

* Filing, Search, and Examination Fee: ($45 + $30 + $115) = $190

* Issue Fee when patent is granted: $140 (was $255 in year 2013)

* No Maintenance Fee


Patent Status Categories

The following are more details about Patent Categories. Again, as a new inventor, you are considered a Micro Entity.

Regular. An organization with greater than $750,000 in sales.

Small Entity. Individuals, and organizations with fewer than $750,000 in sales.

Micro Entity. Individuals, and organizations with fewer than $750,000 in sales, and:

1) A Micro Entity has not been named as an inventor on more than 4 previously filed patent applications, other than applications filed in another country, provisional applications, or international applications for which the basic national fee was not paid

2) A Micro Entity has a gross income of less than three times the median household income (your income is less than about $120,000; the actual amount depends on the state you reside in; you can Google search "State Median Family Income")

3) A Micro Entity has not already assigned or granted a license of the invention to a company.

Hope this patent cost information helps.

Best Success,

Matt Yubas