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Topic: what is the cheapest avenue for a patent? (Read 16917 times) |
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EveryMothersSon
Newbie
Posts: 3
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what is the cheapest avenue for a patent?
« on: Jun 19th, 2007, 7:09am » |
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do you need a lawyer? if not, ultimately what is the cheapest one can pay once having gone thru the whole process (assuming it gets that far)?
i dont have much money
thanks
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Wiscagent
Full Member
Posts: 843
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Re: what is the cheapest avenue for a patent?
« Reply #1 on: Jun 19th, 2007, 9:58am » |
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If you write and file your own US patent application, and a patent is granted, it will cost you a minimum of about $1000 in Patent Office fees.
Given that you are strapped for cash, I suggest that you reconsider whether a patent application is the best investment of your time and money.
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Richard Tanzer
Patent Agent
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TataBoxInhibitor
Full Member
Posts: 456
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Re: what is the cheapest avenue for a patent?
« Reply #2 on: Jun 19th, 2007, 11:28am » |
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Richard is correct. The filing fee is anywhere from $425 or $500, including $700 for an issue fee. Throughout the life of the patent, you have maintenance fees, around $3400, due at 3.5, 7.5 and 11.5 years. In total, around $4900 for the grant and life of the patent, assuming you file everything correctly and on time.
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patentsusa
Junior Member
Posts: 81
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Re: what is the cheapest avenue for a patent?
« Reply #3 on: Jul 1st, 2007, 7:40pm » |
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Patent law is extremely complex. It would be very hard to write a solid valid patent on your own. The allowance rate at the patent office is at record lows, even for applications drafted by highly experienced patent attorneys. After you file an application, odds are that it will be rejected, and you will have to know how to overcome the objections. To get an idea of the complexity of patent law, take a look at the MPEP, the Manual of Patent Examining Procedure, which you can find at USPTO.gov
There are some patent cases that mean that slight errors in drafting can have harsh results for the patent holder. Look up Gentry Gallery v Berkline for example.
Your best bet is to get quotes from multiple registered U.S. patent attorneys and go with the lowest quotes.
You can consider a provisional patent application as a last resort but you have the same issues--unless the provisional application meets "best mode" and "enablement" requirements, it will be invalid.
Nolo press has some book on how to draft a patent application yourself. It may give you some ideas to help do some of the work yourself but I'd still highly recommend hiring an attorney or patent agent.
Keep in mind that the average cost of a patent infringement trial is about 1.5 million dollars. Which those kinds of fees, you can bet that opposing counsel will do everything they can to tear your patent apart. Don't skimp on the application drafting.
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Deepak Malhotra, JD, BSEE
Registered Patent Attorney
Malhotra Law Firm
www.patentsusa.com
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kellie
Newbie
Posts: 4
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Re: what is the cheapest avenue for a patent?
« Reply #4 on: Jul 28th, 2007, 12:34pm » |
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You can get a provisional patent for $100. I did it. Call the USPTO office and ask for the Inventors Assistance office.
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