From PCT to US National Stage
The initial cost of filing a Us national stage application based on a PCT application can vary widely depending upon the US law firm or attorney. Some US firms charge hourly rates while others, like ours, charge flat rates. If the specification has already been translated into English, then initial filing costs of a US national stage patent application will depend on attorney’s fees and USPTO fees.
Need to file a US national stage application based on a PCT? Contact US patent attorney Vic Lin at vlin@icaplaw.com to request a flat rate quote.
What is the Cost of Filing a US National Stage Application?
Our initial filing cost estimates below for a US national stage application include government fees. Note that estimates are subject to increase.
US National Stage Application: Initial Filing Cost Estimates
- US national stage application + Information Disclosure Statement (IDS): $1,594
- US national stage application + IDS + Preliminary Amendment: $1,944
The USPTO charges lower government fees for a small entity such as individual inventors or a company with less than 500 employees. As of the date of this post, our firm charges a flat rate of $650 for filing a US national stage application, which includes filing an executed patent assignment if ready by the time of the initial filing. In most cases, we will need to file an Information Disclosure Statement (IDS) to disclose known prior art at flat rate of $220.
Therefore, the initial filing cost of a US national stage application with an IDS for a small entity starts at $1,594 ($870 attorney’s fees + $724 USPTO fee for small entity).
A PCT application will typically have claims that need to be amended. For example, multiple dependent claims may need to be amended to have single dependency in order to reduce significant USPTO government fees. Our firm charges a flat rate of $350 to file a simple Preliminary Amendment.
So the initial filing cost of a US national stage application with a Preliminary Amendment will be approximately $1,944.
US National Stage Application Cost for a Large Entity
For a large entity (e.g., company with 500 or more employees), the initial filing cost of a US national stage application will start at $3,030.
Initial Filing Estimate for Individual Inventors and Small Entity Companies
If the applicant is a company, an assignment to transfer ownership of the patent rights should be filed. While the patent assignment is not mandatory at the initial filing, we prefer to submit an executed assignment with the initial filing if available. Filing the assignment upfront avoids the need for docketing and subsequent submission. Our firm does not charge any additional fees for filing an executed assignment with the initial filing.
Accordingly, our initial filing cost for a small entity company is no different than that for individual inventors, i.e., starting at $1,594.
What Can Increase USPTO Fees for a US National Stage Application?
Several circumstances may lead to additional USPTO expenses in a national stage application. Some common reasons for higher USPTO fees include:
- excess claims (i.e., more than 3 independent claims and/or more than 20 total claims)
- multiple dependent claims
- late inventor declaration
How to Reduce US National Stage Costs
If the PCT application has multiple dependent claims, we generally recommend filing a Preliminary Amendment to remove the multiple dependencies. Eliminating the presence of multiple dependent claims will avoid a costly $410 USPTO multiple dependent claim fee (small entity). Any excess claims fees might also be reduced due to a lower claim count.
Our flat rate service fees are flexible. We do not want price to be a barrier to working with us, so please inquire about a discount if you or your clients are cost-sensitive.
How to Lower Costs After Filing a US National Phase Application
There are various strategies to optimize claims and lower the risk of a multiple patent rejections. We discuss some PCT and national stage strategies here.
Need to file a US national stage application? Contact US patent attorney Vic Lin vlin@icaplaw.com to explore how we can help.
