U.S. Patent & Trademark Office current (USPTO) fees only:

Non provisional utility patent application filing fee, search, and examination         

Small entity (less than 500 employees) $435
Large entity (500 or more employees) $1,030

Non provisional utility patent issue fee (due at issue which is about 12 to 36 months after filing)
Small entity $720
Large entity $1440
(This assumes no more than 3 independent and 17 dependent claims per patent application; additional claims are $370.00 maximum each)

Publication fee for 18 month publication (not required if application issues before 18 months from filing or absolutely NO foreign filings-U.S. filing only)
Both small and large entities $300.00

Maintenance fees (due at shown years after issue date)
3.5 years
Small entity $465
Large entity $930


7.5 years
Small entity $1,180
Large entity $2,360

11.5 years
Small entity $1,955
Large entity $3,910

Notes to USPTO office fees:
There are many other types of USPTO fees such as petitions, time extensions, application size, continuations, foreign application filings, etc. that are additional; the above fees represent the most basic U.S. non provisional utility patent filing fees.  

Formal Patent Drawings Must be in compliance with 35 U.S.C. 113, 37 C.F.R. 1.81, 37 C.F.R. 1.83, and 37 C.F.R. 1.85, comprising: assemblies, sections, part details, use drawings, perspectives, top, front, side, bottom, exploded views, workpiece, formulas, tables, flowcharts,          schematics, and a Gazette view.

Also figure and element numbers must match patent specification. Patent drawing cost estimated at $700.00  For a professional patent draftsman the cost is based upon invention complexity and the number of embodiments, which can cause the drawing cost to be more or less than $700. 

JACKSON ESQUIRE
Patents Trademarks Copyrights

UTILITY PATENT ESTIMATED COSTS

Patent Attorney work product follows:

Drafting of the U.S. non-provisional utility patent application which comprises the following:

Abstract-this is a concise 150 word summary of the invention for the Gazette publishing and is the first piece of text in the patent.

Background of the invention-
Field of the invention- Contains a description of the technical field that the invention pertains to.

Discussion of prior art-
A description of the information known to the inventor, including specific documents such as prior patents and publications related to the current invention.  Includes a discussion of the state of the current technology, the problems of the current technology, and how the new invention solves those problems.

Summary of the invention-
A listing of the objects of the invention, basically the substance or the essence of what is novel in the invention over the prior art as discussed in “Discussion of prior  art” above.

Descriptions of the drawing figures-
An explanation of what each drawing figure depicts.

Detailed description of the invention-
Called “Description of the  Preferred Embodiments”, has three basic requirements:
Enablement-A full description of the process of making and using the invention to one skilled in the art.  In other words, many years from now when the patent is expired, an individual with             ordinary skill in this technical field should be able to make and use this invention based solely on the enablement description in the patent without having to consult the inventor.

Best mode-
As contemplated by the inventor, an invention may have multiple versions or modes, and the one mode that the inventor most desires must be fully described.

Description-
The invention is completely described in clear, concise, and exact terms and is to be distinguished from the prior art.
Typical items covered are the invention’s physical structure, material options, manufacturing processes, and method of using the invention.   Novelty, utility, and obviousness are also addressed to ascertain the invention's patentability along with support for the claims as subsequently described.

Claims-
Define the actual legal rights of the invention, where infringement is determined. 
Claims are less specific in scope than the “Detailed Description”.
The Detailed Description of the invention defines the prior art for the future and the claims define the actual legal exclusionary rights, meaning the “infringement net” of the patent while the issued patent is not expired. 

Multiple claims are written, as 20 are included in the basic USPTO fee consisting of 3 independents and 17 dependents.

Additional claims can be written for added USPTO office fees and Patent Attorney time charges. The reason for multiple claims is to have them written in terms of varying scope, broad to narrow and to cover not only  the physical structure of the invention, but also the process of manufacture of the invention, and the method of using the invention if the process and method are applicable.  The claims are what determine the true legal strength of the patent and its economic  value. 

The claims are where the most effort of the patent attorney goes, to make the claims as broad as possible as the prior art will  allow thus increasing both the legal strength and the economic value of the patent to the inventor or assignee. 

Creation of informal drawings (for the patent application filing and prosecution only) that describe the claimed features of the detail as required.  In addition, flow charts and schematics are included if applicable.   

 The above items, are essentially the 1st draft of the entire patent application.   A review meeting is held with the inventor to review the 1st draft of the entire patent application as a reality check on what the patent attorney envisions as the invention and what the inventor sees as the invention are in agreement.

Estimated overall cost totals:

For a basic U.S. non-provisional utility patent application (with expense point in time and cumulative cost totals)

Start-
Search and Opinion $1,350 (Cumulative) [0 months]  {Optional}
Patent drafting $5,500 ($6,850)
Drawings-formal $700 ($7,550)

USPTO non provisional utility filing fee [0 months]
Small entity $435 ($7,985)
Large entity $1,030 ($8,580)

IDS [2 months]Small entity $250 ($8,235)
Large entity $250 ($8,830)

Assignment (optional anytime, not included in totals)
USPTO recording fee $40
Attorney fee for assignment contract $300

Prosecution fee for response to USPTO office action [14 months](may be more or less)
Small entity $3,000 ($11,235)
Large entity $3,000 ($11,830)

Appeal to Board of Patent Appeals and Interferences(BPAI) (optional)[20 months].
Attorney fee may be more or less depending upon complexity. 
Not included in (cumulative) totals. The appeal is only done if there are some rejected claims remaining in the patent application, wherein the rejected claims are argued for allowance to a panel of senior patent examiners.
USPTO fees-
Small entity $750
Large entity $1,500
Attorney fee $5,000

USPTO Issue and publication fees [32 months]
Small entity $720 ($11,955)
Publication fee $300 ($12,255)
Large entity $1,440 ($13,270)
Publication fee $300 ($13,570)

Post allowance admin. fee [32 months]
Small entity $550 ($12,825)
Large entity $550 ($14,120)

Patent issues at this point-

USPTO maintenance fees-
Maintenance fees [due at shown years after issue date or months after file date]

[3.5 years or about 70 months]
Small entity $465 ($13,290)
Attorney fee $300 ($13,590)
Large entity $930 ($15,050)
Attorney fee $300 ($15,350)

[7.5 years or about 118 months]
Small entity $1,180 ($14,770)
Attorney fee $300 ($15,070)
Large entity $2,360 ($17,710)
Attorney fee $300 ($18,010)

[11.5 years or about 166 months]
Small entity $1,955 ($17,025)
Attorney fee $300 ($17,325)
Large entity $3,910 ($21,920)
Attorney fee $300 ($22,220)

Total non provisional utility patent costs [166 months]
Total (with search and opinions)

Small entity $17,325
Large entity $22,220

Total (without search and opinions)

Small entity $15,975
Large entity $20,600

Costs do not include, travel, language translation, or certified copy fees if required.

Actions subsequent to the patent application filing-
Once the patent application is filed you should expect a 1st office action around 14 to 36 months after filing, with the exception of accelerated examination or petitions to make the patent application special, (see Patents FAQ for more information).  This is essentially the first official response of the USPTO to your application.  As it is unknown what the USPTO 1st office action will require there can be no precise estimate of what additional fees may be required.  The USPTO may find disabling prior art that would preclude patenting or may require that claims be narrowed. 

The USPTO 1st office action response will typically be a rejection of some or all of the claims and possibly an objection to some matters of form for drawings or the specification.   The result is usually an amendment response that needs to be prepared within 3 months of the USPTO office action by the patent attorney. 

Based upon the meeting with the inventor, revisions may be made to the drawings and to the 1st draft of the patent application.

Final review of patent application with the inventor and execution of the following documents required by the USPTO:

Utility patent application transmittal letter form-
Basically a table of contents for what is in the application package and various information required by the USPTO.

Inventor’s declaration form-
This is where inventor declares their citizenship, that they are the original and first inventor of the   invention, that they have thoroughly reviewed and understood the patent application, confirmation of the inventor having an ongoing obligation to disclose all known prior art related to the             invention, and a series of other declarations relating to disclosures that may preclude patenting.  

Inventor’s power of attorney form-
This is where the inventor officially declares the patent attorney to act in his behalf for all issues relating to USPTO business on the inventors application.

Small entity status form-(if applicable) 
If the inventor or invention assignee’s business entity including all affiliates is less than 500 employees, qualifies the small entity for a 50% discount of some USPTO fees.

Invention assignment form and recording at the USPTO (if applicable).
If the patent and patent application are to be owned by an entity other than the inventor, this must be recorded at the USPTO. (Note separate fee listed below)

Fee transmittal sheet-
A USPTO calculation sheet for additional services such as more than the standard number of claims, petitions, amendments, time extensions, non-English application, etc. 

Express mail certification (if applicable) 
To expedite a file date to mailing time, as opposed to the standard USPTO receipt time.

Statement regarding federally sponsored R & D
Inventor must state whether this invention has any affiliation with a federal government program, either through funding, resources, or intellectual assistance.

Information Disclosure Statement (IDS)-
This is normally filed within three months of the patent application file date, although a supplemental IDS must be filed if new prior art is discovered during the prosecution of the pending patent application.  The supplemental IDS must be filed within three months of the discovery of the prior art.  An IDS is where the inventor and all other knowing parties disclose and declare all known prior art related to their invention to the USPTO. The IDS requires preparation of the transmittal letter, prior art description and comparison to the invention, copies of the prior art (if applicable), language translation (additional fees required) into English if required, and completion of the USPTO IDS forms.  (Note separate fee listed below) 

Related application statement-
This is where the inventor discloses, provisional priority, a continuation of a prior application, or a divisional-splitting one application into two.  

Return receipt postcard (if applicable)-
This is a self addressed, self-stamped postcard that has a checklist of what was sent in the patent application.  When the USPTO receives the application they confirm what they received, and when they received it, on the card and also assign a patent processing serial number.  This post card is then mailed back to the patent attorney as an acknowledgement of the USPTO’s receipt of the entire application along with a file priority date and the USPTO serial number that will be used during the patent prosecution phase.    Note that with the current possibility of Internet based patent application filing, this postcard would not be needed and would be in the form of a return Email or on-line confirmation.  In addition, these postcards are used for most all other USPTO correspondence that is not conducted entirely electronically to acquire evidence of the USPTO receipt date of various correspondence that has a due date.

Foreign priority documents (if applicable). 
If any foreign priority is claimed a certified copy of the foreign application must be included (that normally has an additional cost of $250), and declared on the declaration by the inventor. 

Legal fee for completing all of the above-
Basically the drafting and filing of the entire patent application and all associated required documents. $5,500.00
(Note that this legal fee is for a non-complex invention with a minimal number of embodiments, a large number of embodiments or a relatively complex invention will result in the legal fee being from $5,500.00 to $20,000.00

This response would include amendments to the claims, research and preparation of legal argument to justify the claim amendments, or the non-amendment of certain claims, correcting matters of form, and possibly teleconference(s) or meetings with the USPTO Examiner. 

Additionally, if it is beneficial an in person interview with the USPTO Examiner may be done to further convince the Examiner of our position in trying to have claims allowed, is available at extra cost for the patent attorney time and travel cost. 

There is also the possibility of a 2nd and final office action from the USPTO concerning claims requiring another amendment and additional patent attorney time.  An estimate of the costs for answering the USPTO office actions which consist of claim revisions and argument to convince the examiner on the validity of our position is around $3,000 for the patent prosecution period going from application filing date to issue date, these costs may be more or less depending upon the complexity of the patent application and nature of the USPTO Office Action rejections (substantive law) and objections (matters of form).



Notes:

We cannot quote patent cost beyond the application filing with certainty.  The uncertainty of the USPTO’s 1st office action and the related amount of patent attorney amendment work that may be required to respond to the 1st office action and possibly 2nd and final office action from the USPTO is unknown.  

The post allowance administrative fee includes checking of the formal drawings, proof reading the issued patent, and administrative work related to issuing the patent from the pending patent application. 

If the pending patent application is rejected in the 2nd and final USPTO Office action, an appeal to the USPTO can be made to present the case to an independent board separate from the Examiner to argue for allowance for claims in the pending patent application. 

Subsequent to the USPTO appeal the pending patent application case can be taken to the Federal Court system.  All of the fees quoted are estimates only for budgeting purposes as the complexity of any given invention varies. 

The legal fees can be fixed at the time of the Attorney-Client fee and Representation Agreement for a set amount of legal duties.   

The USPTO fee’s are subject to change beyond our control.  Also the patent draftsman fees and other 3rd party service provider fees are subject to change beyond our control. 

Costs do not include, travel, language translation, and certified copy fees if required.  Other incidental, actual out of pocket costs and expenses are per the Attorney-Client fee and Representation Agreement.