Costs and Rough Timing of Filing a Patent Application
Intellectual property services, including the preparation of patent applications, are among the most expensive of all professional legal services.
Part of the reason for this is that the effort required to properly craft a suitable patent application is very time-consuming.
Therefore please consider the figures provided below as minimum-range values and note that they do not include tax (GST of 5%)
Also keep in mind that fees and disbursements have a way of escalating rapidly when matters are complex, as is often the case with e-commerce and business method patent applications. Further note periodic official fee increases at the respective patent office, such as that which occured Sep. 26, 2011 at and as revised Current US Fees.
| Patent Search (1-3 weeks) | |
| Our Search and Patentability Opinion | $3,500+ |
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Preparation of the Patent Application (about 2 - 3 months) |
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| Simple Invention | $5,000 - $9,000 |
| Moderately Complex Invention | $9,000 - $13,000 |
| E-commerce | $10,000 - $30,000+ |
| Formal Drawings | $500 - $1,200 |
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Filing First Application (LARGE entity in CA) |
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| (a) Canada only (not including Request for Exam) | ~$1400 |
| (b) Canada only (including Request for Exam) | ~$2200 |
| (c) United States only (Small entity) | ~$1,700 |
| Both Canada (L) and the U.S. (S) (a) and (b) | ~$3,100 |
| Patent Office requested formal drawings | $700 - $1,400 |
| Once the application is filed, you are PATENT PENDING | |
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Misc Correspondence - each year - about |
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| Each Country reported | $500-$1,000 |
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Additional Filings (within 1 year) |
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| Canada, if US was filed first (a) above | $1,400 |
| US, if Canadawas filed first | $1,700 |
| PCT Application (search and exam) | $6,000 - 10,000 |
| PCT Application (19 month Demand Int’l exam FEW cases) | $4,000 |
| National filings (per ctry where no translation required) Very approx | $5,000 |
| National filings (per cty translation required) Very approx | $8,000 - $12,000 |
| EPO Regional Patent filing - one appl'n (+ costs per ctry when grants) | $13,000 + (2,000 - 12,000+) |
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Prosecution (US and Canada only) with Patent Examiner |
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| Response to an Office Action | $1,500 - $3,500 (each action) |
| Appeals | $3,000+ |
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The prosecution stage usually begins about 1.5 years after filing and lasts from 10 months to a further year-and-a-half after filing. In the US, the timing starts upon filing. In Canada and most other countries, prosecution will not begin until a request for examination is filed. A request for examination may be filed along with the application, but may be delayed or deferred up to 5 years from the filing date. |
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Issuance after Notice of Allowance |
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| Canada (typically 2 - 5 years from paying Request for Exam) | $500 |
| United States (1.5 - 2.5 years from filing) | $2,000 - $2,500 |
| To perfect granted EPO (depends on # of states and translations) | $2,000 - $12,000+ |
Maintenance Fees
Fees must be paid in Canada, Europe and most foreign countries (every year), and in the United States (periodic after issuance) to maintain an application or issued patent in good standing. Each country has its own schedule of payments.
Our office provides the service of diarizing maintenance fees, reminding the client and sending the fees to the appropriate patent office.
Small Entity Status
Simplistically, under Canadian law, an applicant is a small entity if it is a person or entity that employs 50 or fewer employees. However, if there is an obligation, such as a license or transfer to a large entity (except a university), then even a small entity is considered a large entity.
Knowing the CORRECT ENTITY STATUS ON ENTRY is important. In force as of June 2, 2007, rules amending the patent rules are in place which aid the applicant somewhat in their assessment and choice of whether to claim the benefit of Small Entity Status. Amended Patent Rules and Small Entity Declarations.
Extracted from the Amendments:
More specifically,
- the definition of "small entity" is refined to mean an entity that employs 50 or fewer employees or that is a university, and that is not controlled by nor has transferred or licensed its obligation to an entity that employs more than 50 employees;
- the small entity status for regularly filed applications is determined ONLY ONCE on the filing of the application and at national entry for PCT applications;
- the Commissioner of Patents be authorized to grant patent applicants/holders an extension of time that will permit the correction of fees mistakenly paid at the small entity level;
- fee corrections made pursuant to the relief mechanism would only be permitted if the patent applicant/holder makes a statement that the small entity fee was paid in good faith and the application for an extension is filed without undue delay; and
- patent applicants/holders would be required to pay the difference in fees and the prescribed fee for requesting an extension of time.
Current as of May 2012.