Patent Cost Estimate Calculator

This calculator provides three sets of estimate ranges (low and high). All of the estimates include attorney time and current United States Patent Office (PTO) Fees (although most PTO fees will increase by the time they come due for your patent). The first estimate range is for filing a patent application. The second estimate range is for the total cost associated with a patent (including the filing costs, responding to communications from the PTO (Office actions), issue fees, and maintenance fees). The third estimate range is for the total cost associated with a continuation (including the filing costs, responding to communications from the PTO (Office actions), issue fees, and maintenance fees).

Please note that this calculator is meant to provide estimates, not exact figures. As there are many variables pertaining to the process of obtaining a patent, these figures may differ from those you actually experience. Further, this calculator does not calculate costs associated with many aspects of the patent process including, but not limited to, searching, foreign filing, or litigation. Finally, there is no way to calculate future PTO fee increases, so the fees used in these calculations are the current PTO fees (which will most likely increase).

Entity Size:

A small entity has less than 500 employees. To claim small entity status, an entity must not have assigned, granted, conveyed, or licensed any rights in the invention to any entity that has more than 500 employees (and must not be under any obligation to do so).

Type of Application to be Filed:
Technology:
Number of Embodiments:

Small differences (e.g. color, size, shape) are almost never separate embodiments. Generally different embodiments would require additional sets of claims. Note: If there are multiple embodiments, you may be subject to one or more restriction requirement.

Do you Anticipate a “Restriction Requirement”?

The patent laws only allow one “invention” for each patent. The Examiner may find that you have multiple inventions and issue a restriction requirement that would require a response. Note: If there are multiple embodiments, you should anticipate a restriction requirement.

Number of Drawing Sheets Anticipated:

Drawings are prepared by a draftsman and the actual charges are passed to the client. Drawings can be very valuable in helping to convey ideas to both the patent examiner and judges/juries. It is generally prudent not to skimp on drawings. If a professional patent draftsman is not used for preparing drawings, you will be charged hourly for time spent working with other draftsmen.

Is the Application to be Assigned to Another Entity? (e.g. a corporation)
Number of Office Actions Anticipated:

There is no way to determine this number. For most applications, there is at least one Office action. For some applications there are many. About every other Office action is “Final.” Final Office actions are not, in fact, final, but do require an additional fee. This calculator includes the cost of preparing a response and the appropriate fees.

Submit to calculate an estimate:
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Low estimate filing:

High estimate filing:

For utility applications, the difference between the high and the low filing estimates may be determined by factors such as the complexity of the invention. For design applications, the difference between the high and the low filing estimates may be determined by factors such the out of pocket costs (e.g. drawing fees). For provisional applications, the high filing estimate includes a limited time for reviewing the application. These estimates also include basic PTO fees. This estimate range is for reference purposes only and must be confirmed to be valid. Please contact me and we can discuss your particular situation.

Low estimate total (including filing):

High estimate total (including filing):

The “total” estimates are for the total costs associated with a single invention’s filing (see above), prosecution (the back and forth process with the PTO), issuance, and maintenance fees. Please note that there is no way to calculate an exact estimate and this range should not be relied upon. For example, the maintenance fees included in calculating the total estimates are based on the current maintenance fees. Fees, however, tend to increase annually. This means that if the third maintenance fee is $4000 today, but $6000 in twelve years when you pay the fee, the above estimates will be too low by $2000. This estimate range is for reference purposes only and cannot be confirmed. Please contact me and we can discuss your particular situation.

Low estimate total per continuation:

High estimate total per continuation:

Many inventors pursue multiple applications for the same original filing. These applications are called “continuations.” Continuations (or divisionals) may be, for example, the applications that are filed to pursue embodiments that are “restricted” out of the original application. Many of the same fees for a regular application apply for a continuation application, but the basic application does not have to be rewritten. The “total continuation” range includes the total costs associated with a each additional invention’s filing, prosecution (the back and forth process with the PTO), issuance, and maintenance fees. If there is a restriction requirement, it is highly likely that you will want to file at least one continuation application. Also, strategically, filing a continuation can be highly desirable. This estimate range is for reference purposes only and cannot be confirmed. Please contact me and we can discuss your particular situation.