FAQ - How to Patent an Idea for a Product or Service
Is it expensive to file a US patent application?
Well, it can be. The average cost of filing a US software patent of medium complexity with a traditional patent attorney or patent law firm is between $7,000 to $9,000, and can be significantly higher. By use of technology and efficient work-processes, and due to our focus on value based growth, IDP Patent Services offer high-quality and truly affordable patent application services, at approximately 50% of the cost of a traditional patent attorney.
What is the total cost to get a patent?
US nationwide the typical total cost of obtaining a patent, which includes the patent application preparation and filing, any patent searching and analysis needed, and patent prosecution before the USPTO, is typically between $15,000 to $25,000. While some patent attorneys and patent law firms offer fixed prices for patent application drafting and filing, clients almost always have to pay high hourly rates for post-application patent prosecution, which means that there can be quite a high uncertainty on the final full cost. At IDP Patent Services we offer almost all patent application services under a fixed or capped fee schedule. This means that the maximum cost for obtaining a patent for an average complexity software or electronic device invention is $7,500-8,500, assuming normal processing with up to two office action responses, and no appeal, re-examination or other special circumstances, and not including USPTO fees.
Why do I need to patent my idea for a product or service?
Most companies obtain patents for defensive and strategic reasons, in order to protect their substantial product innovation against copying by competitors. Delaying or outright abandoning participation in the patent process carries significant risks. Companies that have invested millions of dollars in establishing leading positions in niche markets may find themselves outmaneuvered and effectively pushed out of their markets due to their lack of patent protection. Particularly with the recent full adoption of the American Inventor Act, the need for a well-though-out patent strategy has increased, since we now operate under a first-to-file patent system, and inventors in general can no longer obtain priority from prior dates of invention conception.
What does patent prosecution mean?
Patent prosecution typically referrers to the post application written negotiation process with the United States Patent and Trademark Office (USPTO). It can also in general refer to all practice of patent cases before the USPTO. Patent terminology can be complex and confusing. Check out or page on common patent terms, if you want to know more.
What does the AIA mean for me?
There has been quite a lot of debate recently concerning the enactment of the Leahy-Smith America Invents Act, with some pundits claiming the new first-to-file provisions, puts independent and small business inventors at a disadvantage. Generally, we believe that the AIA is a major step forward that will serve both the inventor community and the US technology business sector well both in the short and long term. It is, however, important to know that the AIA has put increased focus on swiftness in applying for a patent, as any procrastination can mean being second in the race to file first. It is for this reason that IDP Patent Services has put together a range of patent combo and kickstart packages, that allow fast filing of one or more provisional patent application(s), followed up by a final non-provisional application. We also offer larger packages that offer affordable patent application for a set of related applications. These packages are a terrific way for a start-up or growing company to establish a beginning patent “minefield”, protecting the innovation that is at the core of their future, while keeping costs at a minimum.
How much would a long phone consultation reviewing my situation cost me?
A first consultation is always free! We are happy to spend time with you, reviewing your particular patent situation, and advising you on what steps would be most cost-effective to obtain optimal protecting of your inventions.
In doubt about new patent regulations? Not sure you have been working with the right patenting strategy? Have a great idea, but not sure what to do? Not sure you can afford patenting? Unsure how to get a patent? Not sure how to patent a product or service? Not sure if you really need a patent?
Call us at 800-528-1997 for a free consultation!