What are the steps and costs involved to obtain a patent?
Typically, the patent process begins with a patentability search to determine whether there are any clear obstacles to obtaining a valid patent. The cost of conducting a patentability search varies based on the technology involved and the number of references to be reviewed, but costs on the order of $3,500 to $5,000 and up can be expected.
The second step in the patenting process involves preparing and filing a patent application. A patent application must be filed in each country in which patent protection is sought, although there are options for deferring some of these costs (see our primers on provisional patent applications and international patent filing for more information). We work with our clients to develop patent filing strategies that are sensible having regard to their business goals and financial resources and this requires careful consideration in each specific case, but costs in the tens of thousands of dollars should be expected. Depending on the type of technology, a provisional patent application can be prepared and filed starting at a cost of $8,000 and up. A regular U.S. patent application for a straightforward mechanical technology can typically be prepared and filed at a cost of $12,000 and up. Costs in other technical fields are generally higher.