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 Dec. 8, 2004 at the USPTO US Fees. and as revised Current US Fees.
| Patent Search (1-3 weeks) | |
| Our Search and Patentability Opinion | $2,500 - $3,500 |
| Preparation of the Patent Application (about 2 - 3 months) |
|
| Simple Invention | $3,500 - $7,000 |
| Moderately Complex Invention | $7,000 - $10,000 |
| E-commerce | $12,000 - $30,000+ |
| Formal Drawings | $300 - $1,000 |
| Filing First Application (LARGE entity in CA) |
|
| (a) Canada only (not including Request for Exam) | ~$1000 |
| (b) Canada only (including Request for Exam) | ~$2000 |
| (c) United States only (Small entity) | ~$1,700 |
| Both Canada (L) and the U.S. (S) (a) and (b) | ~$2,700 |
| Patent Office requested formal drawings | $300 - $1500 |
| Once the application is filed, you are PATENT PENDING | |
| Misc Correspondence - each year - about |
|
| Each Country reported | $500-$1,000 |
| Additional Filings (within 1 year) |
|
| Canada, if US was filed first (a) above | $1000 |
| 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 filing (where no translation required) Very approx | $5,000 |
| National filing (translation required) Very approx | $8,000 - $12,000 |
| EPO Regional Patent filing (6 countries) | $12,000 |
| Prosecution (US and Canada only) with Patent Examiner |
|
| US Publication Fee (for US applications only) | $550 |
| Response to an Office Action | $1,500 - $2,500 (each action) |
| Appeals | $3,000+ |
|
The prosecution stage usually lasts from 10 months to a year-and-a-half after filing. In Canadaand 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. |
|
| Issuance after Notice of Allowance |
|
| Canada(typically 2 - 5 years from filing) | $500 |
| United States (1 - 2 years from filing) | $2,000 - $2,500 |
| To perfect EPO (depends on # of states and translations) | $2000 - $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 HAS BEEN CRITICAL under recent Canadian case law.
In force as of June 2, 2007, new 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
Extracted from the Amendments:
More specifically,
Current as of Jun 2009.