How much does a nonprovisional utility patent application cost?

How much is the initial filing cost of a utility nonprovisional patent application?

By far, the biggest component in determining the cost of a nonprovisional utility patent application will be the legal fees. The conventional approach has been to bill hourly attorney’s fees for drafting a utility application. While this makes sense for particular cases and clients, the old school approach doesn’t always work for startups who prefer flat fee estimates for patent drafting services.

To draft a utility patent from scratch, the initial filing cost of a nonprovisional patent application will range from $7,500 to $15,000 for a small entity applicant.

Need a competitive flat fee estimate for filing your utility patent? Email US patent attorney Vic Lin at vlin@icaplaw.com or call (949) 223-9623 to request a fixed fee cost estimate for filing your utility patent. 

What factors affect the initial filing cost of a utility nonprovisional patent application?

The initial filing cost must also factor in USPTO fees and any illustrator fees. So, the total amount of drafting and filing a utility nonprovisional patent application must include the following costs:

1. legal fees;
2. USPTO filing fees; and
3. any illustrator fees.

As to legal fees, our firm charges flat rates for drafting utility nonprovisional patent applications which start at $6,600 for low complexity cases. Flat fees start at $8,500 for medium complexity cases. For high complexity cases, flat rates start at $11,000. In addition to the complexity of the invention, our flat fees for writing a utility application are also based on the number of variations (aka embodiments).

For a small entity, USPTO expenses for the initial filing of a utility nonprovisional application start at $644. Illustrator fees typically range from $280 to $500. Therefore, expect additional expenses to start at roughly $920 for individuals or companies with fewer than 500 employees.

So, the lower end of a utility nonprovisional patent cost estimate will generally start at approximately $7,500 for a simpler invention. Feel free to contact us to obtain a free flat fee estimate for your nonprovisional application.

What does the initial patent filing cost include?

The initial filing cost includes drafting the nonprovisional utility patent application, and revising the draft based on input from the inventors. Our initial filing estimates will typically include the USPTO filing fees and illustrator fees. If our clients wish to add new features that were not initially disclosed, we can provide flat rate estimates for the additional scope of work.

What is not included in the initial patent filing cost?

Our initial filing cost does not include a patentability search which costs $1,500 for each invention.

The initial filing cost also excludes responses to rejections, which is to be expected in the ongoing prosecution of the utility application. The vast majority of utility patent applications will encounter at least one rejection, called an Office Action, that will require a thorough response.

Our Office Action response fees will typically range from $950 to $2,800, not including any USPTO fees. It is not uncommon to receive two to four Office Actions in a utility application before deciding whether to continue, abandon or appeal. For total costs from start to finish, expect to spend about $15,000 to $45,000 to obtain a utility patent.

How much are attorney flat fees for drafting a utility nonprovisional application?

At my firm, we provide flat rate estimates for drafting a utility nonprovisional application after we’ve had an opportunity to understand the complexity of the invention and other factors affecting the scope of the initial filing work (e.g., number of examples called “embodiments”).

For a moderately complex invention, our attorney’s fees start at $8,500. USPTO filing fees (assuming small entity with fewer than 500 employees) and illustrator fees will add at least $900 in costs. So, expect the initial filing of a utility nonprovisional patent application to start at $9,400 for technologies of medium complexity. In some cases, we might be able to achieve an even lower initial filing flat rate due to the simplicity of the invention.

For an invention with high complexity, attorney’s fees for the initial drafting of the application can range from $10,000 to $17,000. Our initial filing fees for more complex inventions will typically start at $16,000.

Initial filing estimates are provided on a case-by-case basis. As a helpful budgeting guide, see our patent fee schedule below.

How much does it cost to convert a provisional patent application to a nonprovisional patent application?

The cost to convert a provisional patent application (PPA) to a nonprovisional patent application will depend significantly upon the quality of the PPA.

For a do-it-yourself provisional patent application, our flat rates for a nonprovisional application will start at $6,500, not including USPTO and illustrator fees. Generally, a self-written PPA will typically require a great deal of work to convert the provisional to a satisfactory nonprovisional application. So, expect the initial filing cost to start at $7,500.

For a detailed PPA that was written by a patent practitioner, the cost to upgrade to a nonprovisional will start at approximately $4,000, not including USPTO and illustrator fees. Expect the initial filing cost to start at $4,700.

How much does a granted utility patent cost after filing the nonprovisional application?

In most cases, ongoing costs after filing a utility nonprovisional patent application will range from $5,000 to $15,000, not including appeals. A small minority of cases may encounter several rejections, thereby requiring an appeal.

Ongoing costs are expected in utility patent applications since there is a 90% chance of at least one rejection.

It would not be uncommon for your utility patent application to face multiple Office Action rejections. Expect each Office Action response to cost from $950 to $2,800, not including any USPTO fees.

Our Patent Flat Fee Schedule

*Small Entity status generally refers to individual applicants, companies with less than 500 employees, and universities or other institutions of higher education.  USPTO fees for large entities are double.

Need a utility patent filing estimate?

Email patent attorney Vic Lin or call (949) 223-9623 to request a flat fee estimate for filing your utility nonprovisional patent application.