Are you about filing for a patent but you are considering whether to go it alone or hire an attorney? If YES, here is how much it cost to hire a patent lawyer.
Have you just invented something? Or did you just come about a unique business idea that you strongly hope will become the next big thing in the market? If you just answered either of both questions in the affirmative, then patenting your idea or concept is a smart way to protect it from being implemented or stolen by another individual or company.
What is a Patent?
A patent is an exclusive right given to you by the government as a time-bound permission or license to hold full ownership rights to an invention or business concept.
Holding a patent means you alone have the right to use the invention or concept—be it a product or service—exactly in the way you have packaged it. The main requirement for obtaining a patent is that you have to be the first to file a proof on your claim. In other words, you must be the first to have come up with the invention or concept.
A patent can give you sole rights for up to twenty years—or even more—from the date you file an application. To patent your invention or concept, you need to first contact or visit your local office or agency in charge of patenting, copyright, and trademark issues. In the United States, the Patent and Trademark Board is the agency in charge.
After getting information on how to get started with the patenting process, follow the guidelines and instructions to the letter until you’ve completed everything necessary. The process of applying for and getting a patent comprises for steps:
4 Steps to Applying for a Patent
- Clearly describe your invention or concept, reveal its background, and disclose what makes it different from similar inventions and why you feel it deserves a patent.
- Illustrate your invention with sketches, drawings, flow chart, graphs and artistic designs, so it can be more clearly understood.
- Demonstrate clearly the physical look of your invention or concept and how it functions or how it is powered to work.
- Give details of what exactly about your invention you want a patent for. Are you looking to patent the whole concept or just a part of it.
Once you have all that is required to go through the whole process, then you can start your application. You must bear in mind, however, that your invention will most likely need a unique logo. You can handle the whole process yourself, no doubt. But it’s usually complex and cumbersome, especially if you have little or no knowledge of legal jargon and protocol.
Why Get a Patent Through a Lawyer?
Rather than go through the complex process of applying for a patent on your own, you will save yourself a lot of time and energy by hiring a lawyer and involving him in the whole process. A seasoned lawyer will assist you throughout the process, advise you, and supervise every step you take—all in a bid to ensure that you get your patent without hassles.
A lawyer will also help you prepare all the detailed information about your invention or concept that you need to present during the application and review process. Certain details are very important when filling the form for a patent application; you must include all written claims, drawings, proofs, and so on.
How Much Does It Cost to Hire a Patent Lawyer or Attorney?
The cost of hiring an attorney depends on the complexity of your patent. The following is the average cost of preparing utility patent application:
- Preparing original application of minimal complexity (10-page specification for 10 claims) costs around $8,548
- Relatively complex biotechnology/chemical cases cost around $11,482
- Electrical /computer cases cost around $13,684
If you need to make any amendments to your patent, you will have to pay your lawyer additional fees. (And in fact, you will have to apply for another patent). The following is the average cost of patent amendments made through a lawyer:
- Minimal complexity case costs around $2,244
- Relatively complex biotechnology/chemical case costs around $4,448
- Electrical /computer cases cost around $3,910
- Relatively complex mechanical cases cost around $3,506
Finally, before the patent is granted you have to pay the issuance fee, which is around $2,070 for a large entity and $1,185 for a small entity. This fee includes the cost of publication. In addition, you will pay maintenance fee for four years, eight years or 12 years. Average maintenance cost for large and small entities is as follows:
- 5 years = $1,150/$575
- 5 years = $2,900/1,450
- 5 years = $4,810/$2,405
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