Lynch LLP Offers Guidelines for Patent Costs So You Can Plan Ahead

Patent attorneys at Lynch LLP have focused technical backgrounds to write patent applications and create an umbrella of coverage beyond the exact invention.

The best thing you can do for yourself to reduce the cost to get a patent is to come to your attorney fully prepared.”

— Sean Lynch, Partner

SOUTHERN CALIFORNIA, CALIFORNIA, US, March 17, 2021 / — As a preliminary note, this post is focused on utility patents, not on provisional patent applications or design patents. The cost to get a patent as described in this article are ballpark figures only. This should help you when you’re creating rough budgets or trying to get a feel for what patents should cost. Some firms are less expensive, some are more expensive. Ultimately, the quality of the work depends on the quality of attorney, not on how much you pay (to an extent, of course).

Step 1: Drafting and Filing
The cost to get a patent on file depends on a number of factors, including the complexity of the subject matter, the level of development, and the current legal climate.

Let’s look at two examples on different ends of the spectrum.

1. If you have a relatively simple mechanical invention that you have fully developed, you’re in good shape. Generally speaking, if you have CAD drawings and a prototype available, you are making your attorney’s life much, much easier, and reducing the amount of time that must be spent preparing figures for your patent application. The legal climate for mechanical inventions is friendly since these are the types of inventions that are traditionally protected by patent. You should anticipate at least $7500–$10,000 to get your application drafted and filed.

2. But take a software patent. A software patent will generally be the most expensive because it is complex subject matter and the current legal climate for software patents is not at all friendly. Software patents fall closer to the $10,000 to $15,000 range.

The best thing you can do for yourself to reduce the cost to get a patent is to come to your attorney fully prepared. The more time you spend developing your invention (creating prototypes, creating 3D solid models, etc.), the easier it will be for your attorney to prepare your patent application.

Step 2: Office Action Responses
After you’ve filed your patent application, you’re not done. When the USPTO receives your application, it will assign an examiner and that examiner will determine whether you can have a patent with the claims as drafted. If the answer is “no,” the examiner will issue an office action. Hint: if you get an allowance without an office action, more often than not it means your attorney did something wrong.

So you get an office action. Depending on the office action, you will need to spend another $2,000–$3,500 to get a response drafted and filed. Luckily, this cost will not come up until some time after you’ve filed the application. More often than not, it takes over a year to get the first office action.

The number of office actions you get will play into the cost to get a patent. In software right now, you can almost expect to get an indefinite number of rejections, often making it pointless to file the application in the first place. But with a mechanical invention, for example, you can expect between 1–3 office actions.

Total Over a Few Years
You can expect to spend between $10,000 and $30,000 over the few years it takes to register a patent. Again, this is a ball park range for the cost to get a patent. The low range is for a simple invention that sails through the USPTO, and you really can’t expect your application to be the unicorn that flies through.

How Lynch LLP Can Help You Register a Patent
Lynch LLP helps clients large and small protect their inventions across a wide range of practice areas. We have specialized expertise in a wide range of technical fields and focus our practice on providing strategic guidance and services including patent prosecution as well as strategic patent counseling. We also have experience with clearance searching, prior art searching, product licensing, as well as litigation and enforcement of patent and other intellectual property rights.

Patent attorneys at Lynch LLP have focused technical backgrounds that give us the breadth of scientific knowledge to write patent applications that not only capture a new and novel invention, but that also create an umbrella of coverage extending beyond the exact confines of the invention. We combine our experience as patent attorneys with our experience with patent litigation to prepare and file patent applications of all types that are created to withstand scrutiny and to maximize enforceability. Our expertise extends into negotiating and drafting licensing agreements.

We have experience representing plaintiffs and defendants in a wide variety of proceedings before courts and the USPTO, crafting patent strategies that complement and further our clients’ business interests.

We have experience filing utility patents and design patents to protect all aspects of your invention. Some areas that represent the breadth our work include:

• Medical devices
• Toys, board games, video games
• Machine learning and artificial intelligence
• Energy storage systems
• Off-road equipment and accessories
• User interfaces
• Beauty and cosmetics
• Online streaming services

About Lynch LLP
Lynch LLP is located in Southern California, with the ability to make personal visits to clients in Los Angeles, Orange County, Riverside, and San Diego. We specialize in intellectual property matters—patents, trademarks, and copyrights—working with clients ranging from start-ups to multinational organizations. No matter your needs, we can help you achieve your goals and grow your business with confidence.

Schedule a free 30-minute consultation by visiting, or call us at 949-829-2186.

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