Jan
15
How Much Does a Patent Cost? (Part 1)
Submitted by Jack Pate under Patents | Leave a Comment
One of the first questions we typically receive from callers is “How much does a patent cost?” The true and correct answer is “It all depends.” We often say we can write a patent for any cost you want to name, so how much effort do you want us to put into it?
However, a better question is “What will my patent be worth?” We have seen patents worth millions of dollars. We have seen patents that are virtually worthless. So, start with this series of questions. 1) what is the commercially valuable result that users love about your invention? The answers may be health, beauty, success, time, safety, or any number of benefits, all of which are not patentable. However, they are important because they are the reason people buy. You must pay attention to them.
In a later blog entry, we will discuss details of questions 2) What structures deliver the result in 1 above? 3) Which structures are legally “new and non-obvious”? and 4) Which new structures control the market for delivery of the valuable, “improved” result your invention provides.
The answer to question 4 tells you what you must patent to have a valuable patent worth the cost to obtain it.
Send your questions or comments and we will try to address those as well.
Jan
15
How Much Does a Trademark Cost?
Submitted by Warren Pate under Trademarks | Leave a Comment
According to a recent survey, the average total cost, nationwide, for filing an application for trademark registration in one class is about $1100.
There are two primary costs associated with an application for trademark registration. First, there is the attorney time in obtaining the relevant information from the applicant, preparing the application, and filing the application with the U.S. Patent and Trademark Office. Second, there is the filing fee charged by the U.S. Patent and Trademark Office.
With respect to the first cost, the American Intellectual Property Law Association (AIPLA) in its 2007 Report of the Economic Survey indicates that in 2006 the avergage (mean) attorney fee, nationwide, for filing an application for trademark registration was $769. The midpoint (median) for attorneys responding to the AIPLA’s survey was $673.
With respect to the second cost, the filing fee can vary greatly depending on the number of classes in which the applicant desires to register its trademark. However, in general, the filing fee is approximately $325 per class.