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What is the cost to have a patent registered?

What is the cost to have a simple patent registered for a small non expensive product item, but could be used by thousands of college students?

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Attorney answers (5)

Reputation Level 18
I think that you're operating under a misconception that is more than mere semantic.

A patent is not "registered" but is rather granted by the Patent Office after a very thorough analysis into whether the claimed invention is patentable. About 450,000 patent applications are filed every year and about 70% issue as patents after an average of 32 months. The vast majority of the claims in those applications are amended during the patenting process. 30% of the applications are rejected or abandoned outright.

The first hurdle, however, is to convince a patent attorney that you ought to seek patent protection for your invention. Most new products in the marketplace are NOT patent protected -- either because they're not patentable or because it makes no economic sense to devote the resources to patent them. Buy and read the books Patent it Yourself and How to License Your Million Dollar Idea and then think through how to commercialize your product. Good luck.
4 people marked this answer as good
Bruce E. Burdick
Bruce E. Burdick, licensed in Illinois and Missouri

Reputation Level 9
Lets make sure that we are talking about Patents and not Trademarks. Patent protection is available for NEW, USEFUL, and NON-OBVIOUS inventions If your product doesn't meet these criteria, there is no point in going through the onerous process of having a patent application drafted and examined. However, if you are convinced that you have devised a new and non-obvious product, there are many patent attorneys out there that will draft applications for simply inventions for very affordable rates, probably in the range of $2500-5000 depending on exactly how simple it is. The USPTO charges approximately $500 to file a patent application.

Trademark registrations are available for registering trademark rights for a name or logo that serves as a trademark/brand name for a particular type of product. If you simply want to register trademark rights for a brand name that you intent to use to sell your product, the USPTO charges only a few hundred dollars. A Trademark attorney can file the registration application for a few hundred more.

There is a second type of patent known as a design patent which only protects the outward appearance of your product. Design patents do not protect the structural or functional aspect of your product. However, if you have a simply product that doesn't qualify for a standard utility patent (discussed above), design patent protection may be suitable for simply protecting the ornamental appearance of the product. Design patent applications are typically much cheaper because the consist of only drawings. You would probably expect to pay about $1000 plus the above mentioned filing fee.
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Reputation Level 6
You might consider a provisional application. The filing fee is $110 plus your costs for drafting the application. Once filed, you'll be able to legally use the "patent pending" designation.

The provisional lasts for one year (no extensions). If you file a non-provisional "regular" patent application before the provisional expires, it can claim the provisional filing date.

Non-provisional applications are more expensive to draft and file, so the pendency of your provisional allows you to explore the invention's feasibility by investigating, testing the market, and ordering a patent search.

Provisional applications have fewer format requirements than regular applications, so you could save money by drafting it yourself. A number of layperson patent books exist on the market. If you use one, describe the invention in detail since the non-provisional can't claim material omitted from the provisional.
1 person marked this answer as good
Bruce E. Burdick
Bruce E. Burdick, licensed in Illinois and Missouri

Reputation Level 20
Linked below is the fee schedule, effective next week, 9/15/09. As you can see from all the choices, you need to know what category you should be filing in, and these fees paid to the USPTO are non-refundable, so you'll need a patent lawyer to help you so you get it right the first time.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
3 people marked this answer as good

Reputation Level 12
My colleagues above have provided good answers. The cost to prepare a patent application varies depending upon whether you file as a provisional (cheaper) or a non-provisional. The cost also depends on the level of complexity (more is more expensive). I am a patent attorney in the Atlanta area. Please feel free to contact me if you have any further questions. My contact information is found on my avvo page.

Clark
1 person marked this answer as good

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