Fees

Call US patent and trademark attorney Karthik Murthy at (425) 968-5342 or email K@MurthyPatentLaw.com to request a flat fee estimate for your patent or trademark filing or patent or trademark lawsuit.

Patent Litigation costs

Flat fee $15,000 to draft and file a patent infringement lawsuit based on 1-3 patents. Includes initial case management conference and initial settlement discussions.

Flat fee $10,000 to draft and file an opposition to a motion to dismiss.

Alternatively, $600 per hour.

For the rest of the case, $600 per hour.

It’s possible we can take a case on contingency, depending on the situation.

Trademark Litigation costs

Flat fee $12,000 to draft and file a trademark infringement lawsuit based on 1-3 trademarks. Includes initial case management conference and initial settlement discussions.

Flat fee $10,000 to draft and file an opposition to a motion to dismiss.

Alternatively, $600 per hour.

How much will it cost to apply for a patent or trademark?

Patent Application costs

USPTO filing fees changed depending on whether you qualify as a micro entity, small entity or large entity

A micro entity must meet certain qualifications on gross income and have filed no more than 4 prior patent filings. This entity has the lowest USPTO filing fees.

Small Entity includes individuals, academic institutions and companies with less than 500 employees.

Large Entity includes every other company. This entity has the highest USPTO filing fees.

Design Patent Application Costs

Design patent initial filing: flat $700 plus USPTO fees and illustrator fees

Utility Patent Application Costs

Utility Patentability Search Cost

$1,000 for a novelty search on a single invention

Non-provisional Utility Patent application preparation and filing cost estimates

Low complexity: Flat fee starting at $5,500 plus USPTO fees and illustrator fees

Medium complexity: Flat fee starting at $7,500 plus USPTO fees and illustrator fees

High complexity: Flat fee starting at $10,000 plus USPTO fees and illustrator fees

Non-Provisional Utility Patent Application Estimates After Initial Filing

1 Office Action and issue fee (i.e., allowance): $2,100 plus any USPTO fees (should be 0)

2 Office Actions and issue fee (including Examiner Interview): $4,200 plus any USPTO fees (Request for continued examination fees)

3 Office Actions and issue fee (including Examiner Interview): $6,300 plus any USPTO fees (should be 0)

4 or more Office Actions and issue fee: $8,400 plus any USPTO fees (2^nd request for continued examination fees are higher)

In our experience, the majority of utility nonprovisional patent applications will have 2-3 Office Actions. Patent applications involving software or business methods will likely encounter four or more Office Actions.

Provisional Patent Application Cost

starting at $3,000 (approx. 50% of the cost of drafting a nonprovisional application), plus USPTO and vendor fees

Foreign Utility Patent – International PCT Application

PCT Initial Filing (not including drafting nonprovisional): $1000 plus USPTO filing fees (these are usually at least over $2,000 for a PCT and vary greatly based on several factors)

National Stage entries: variable depending upon countries

US National Stage Based On PCT Application

$750 plus USPTO filing fees (USPTO filing fees should be about the same as non-provisional utility filing fees)

TTAB Trademark Opposition and Cancellation Costs

Plaintiff initial estimates (Opposer, Cancellation Petitioner): starting at $5,000 for a single class of goods/services, including drafting and filing of complaint and mandatory discovery conference (not including discovery)

Defendant initial estimates (Applicant, Registration Owner): starting at $7,000, including drafting and filing of answer or motion to dismiss, mandatory discovery conference, and initial settlement discussions (not including counterclaims, motions to dismiss or discovery)

Ongoing opposition or cancellation costs: $600 per hour

Patent and Trademark Costs Can Vary Widely

Our goal here is to provide a concise summary of costs for registering patents and trademarks. These fee estimates do not identify every possible cost that may arise in your patent or trademark application. Instead, we are presenting a simplified cost overview that will hopefully be helpful as you budget for IP protection.

Instead of trying to predict every twist and turn, we have provided initial filing estimates followed by reasonable approximate estimates for the ongoing examination of each type of IP application. These forecasts should provide you with a realistic expectation of ongoing costs after the initial filing.

For patent costs, USPTO government fees will vary depending upon the size of the applicant. We will try to provide both small entity and micro entity costs if and when they differ.

Need a competitive patent or trademark cost estimate?

Call US patent and trademark attorney Karthik Murthy at (425) 968-5342 or email K@MurthyPatentLaw.com to request a flat fee estimate for your patent or trademark filing.