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re: How much to file for a patent?

Posted on 3/9/21 at 9:28 pm to
Posted by squid_hunt
Baton Rouge
Member since Jan 2021
11272 posts
Posted on 3/9/21 at 9:28 pm to
What's your idea? Maybe I could help.
Posted by SDoolie
Member since Aug 2017
8 posts
Posted on 3/9/21 at 9:29 pm to
quote:

I don’t like to throw mud at fellow patent attorneys, but the person saying it is a lottery for litigation (almost discouraging you to protect your invention), probably doesn’t practice patent law as his or her primary practice


I also don't like to throw mud at fellow patent attorneys, and I understand your point. I prefaced my comment by saying it was a cynic's view. I only offered it to share a view that has since been confirmed by others on this thread--that many times a patent is only as good as your willingness to enforce it. Certainly there are times when it serves to put your competition on notice and clears a path in your space, or it provides a welcome license revenue without hassle. But that is not the norm, particularly for a solo inventor.

My entire practice has been in patent litigation and prosecution at what is often regarded as the top IP firm in the country. I know what I'm talking about, which is not to say that you don't. Although I only have two degrees to your three, so you've got me there. One day when you tell someone that a patent can be thought of as a ticket to litigation I hope you smile to yourself and think of me.

To OP's question, much of the advice shared here is good. It's a complex question and a good patent attorney will steer you in the right direction. If you want to pressure test your invention before taking the plunge to write a patent application, a good prior art search and analysis will run you 2-3k. If you still think you have an invention after that then you're looking at somewhere between 10-20k to get a patent for a relatively straightforward invention. You can find people that will do it for less, but often the patents from those outfits are not worth the paper they are printed on. As Sanchez425 said, this is an incredibly complex field and you're going to pay more for a quality product. The problem you'll have is that you won't know a quality product from a bad one, so I recommend using someone that has an impressive resume at a reputable firm who you can trust. I would not use a patent agent down the street who says he can patent anything for 5k.

You should be able to find someone that will quote you a fee cap for the basics of prosecution so that you won't have to worry about a surprise 30k invoice showing up.

A skilled patent attorney can nearly always get you a patent with a very narrow scope. But as someone else said, that patent will be designed around with ease. It takes much greater skill to obtain a broad patent that will offer you real protection.

To truly protect your invention and carve out a space in a field you will need several patents on your invention, in the US and perhaps across the world. You can think of this as as a 5-10 year process that will run 50-250k. A lot of this can be back-loaded, but that then gets to my point that it's easy to get a patent compared to the difficultly of starting a business that makes that kind of expenditure worthwhile.
Posted by nolatrain504
Louisiana
Member since Aug 2012
973 posts
Posted on 3/9/21 at 9:52 pm to
I used Mark Malasky. I’m in New Orleans area. Highly recommend.
Just provisional for a year but i want to say around 1500 total.
Posted by FLTech
the A
Member since Sep 2017
13216 posts
Posted on 3/9/21 at 10:45 pm to
The one I filed for was $100 and I thought it was too much. Now everybody in the world uses it. I called it doodle but they decided to call it google for some reason

I kick myself in the arse everyday because of it
Posted by Pepperoni
Mar-a-Lago
Member since Aug 2013
3490 posts
Posted on 3/9/21 at 10:46 pm to
quote:

quote:

That's not exactly true, but it's not exactly false either

Lawyer Status: CONFIRMED

Posted by offshoretrash
Farmerville, La
Member since Aug 2008
10183 posts
Posted on 3/10/21 at 12:37 am to
My brother looked into getting a patent several years ago. He was told it would cost a lot of money to get the patent and even more using it and defending it. It would have taken a few million dollars to put his idea into an actual item.

A friend of mine has a business building double boat seats that he has a patent for. He had to sue another manufacturer that stole his idea. He eventually won but all they did was change the seat up a little and continued to sell them.
Posted by dtmb
Member since Mar 2013
668 posts
Posted on 3/10/21 at 1:10 am to
You should also factor maintenance fees into the expenses when deciding whether to pursue a patent. They get progressively expensive over time, and they’re fairly significant. You don’t pay a single filing fee and obtain patent protection for the full duration of the patent. It will expire if you don’t pay the maintenance fees.
Posted by EA6B
TX
Member since Dec 2012
14754 posts
Posted on 3/10/21 at 1:43 am to
quote:

My brother looked into getting a patent several years ago. He was told it would cost a lot of money to get the patent and even more using it and defending it. It would have taken a few million dollars to put his idea into an actual item.


Tons of people have great ideas that they turn into products, and never get a patent. One person I know that has brought dozens of products to market without bothering with patents has the philosophy that If your idea is so good that someone is willing to spend the time and money to copy it, it should already be making you money, and selling as fast as you can produce it.
Posted by Pepperoni
Mar-a-Lago
Member since Aug 2013
3490 posts
Posted on 3/10/21 at 7:55 am to
quote:

My brother looked into getting a patent several years ago. He was told it would cost a lot of money to get the patent and even more using it and defending it. It would have taken a few million dollars to put his idea into an actual item.
stories like that deter would-be inventors.
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 3/10/21 at 8:10 am to
quote:

Yes I can. Due to three degrees and 15 years in patent prosecution and patent litigation, maybe one of the most complicated law fields that there is.

But please share your experience.

Edit: I made the mistake thinking that you were a patent attorney and then I read your posts and realized that your a just a huge freaking moron. So way to get my response arse hat.

I can barely understand your writing.

Maybe bullet points and simple sentences will help us communicate better.

Are you counting esl as a "degree"?
Posted by Jon A thon
Member since May 2019
1701 posts
Posted on 3/10/21 at 8:52 am to
quote:

As Sanchez425 said, this is an incredibly complex field and you're going to pay more for a quality product


I have an engineering degree and long ago toyed with the idea of getting a law degree to go into this field. I'm soooooooo thankful that I didn't, but at the same time have extreme respect after going through my first patent experience. I'm the sole inventor of a process that my company is patenting purely to keep discussions open with a customer while not allowing them to pass our ideas on to a competitor. We have no intention of using the idea. I have no desire to put any work into the patent itself and honestly we are only going past a provisional application because Covid caused so many delays forcing our hand since job award decisions haven't been made yet.

But the work put in by our patent attorney has been nothing short of impressive. He took a relatively complex idea (purely in the sense of it's very specific and relies on extensive knowledge of various other complex processes) and turned it into a 20 page document that I really found very little errors in. Like I completely forgot about this for a year since it was never supposed to go past provisional and this guy calls me up to review a document that he put together with nearly 0 questions directed at me after I gave him a 1 page description. I guess all of that is to say that I totally see the value in paying good money to have someone take care of the filing for you. Caveat in my experience is that I'm not personally paying a dime (but will also never see a dime )
Posted by CatfishJohn
Member since Jun 2020
14093 posts
Posted on 3/10/21 at 8:54 am to
quote:

That's not exactly true, but it's not exactly false either

Lawyer Status: CONFIRMED


Posted by Koach K
Member since Nov 2016
4154 posts
Posted on 3/10/21 at 8:57 am to
40k. 50k if the slob lawyer’s wife tricked him into buying her something stupid lately like an audi.

Hate to say it but patents are for the big boys now.

Your claims are going to be a lot narrower than you think.
This post was edited on 3/10/21 at 8:59 am
Posted by CatfishJohn
Member since Jun 2020
14093 posts
Posted on 3/10/21 at 9:05 am to
If you really want to play it risky, get your product market ready, then file a provisional patent to give you a year, go on an all out marketing blitz and get your product out there, then in a year there's a chance that even if you're replicated, you're still the "name brand" and don't need to spend 20k on a patent.

Depends on what it is though. This worked for a friend/acquaintance of mine who made, no lie, an "organic deodorant" that was made out of some bullshite oil from a plant or something. It became a hot item in LA/California and then in a year even though he could be replicated, some big brand bought him out for like $20m just so they could take his brand.

Posted by real turf fan
East Tennessee
Member since Dec 2016
8817 posts
Posted on 3/10/21 at 9:14 am to
Google's Patent search portal

Go to Google Patent and start reading patents.
If you have a plant (like green leaves, stems, not a chemical process), you'll see that each approved pp is pretty much the same.
There's no reason you couldn't do the same yourself.

See what's involved.

Lawyers became Lawyers to become rich. And there are options for individuals that are different than the hoops that corporations have to jump through.
This post was edited on 3/10/21 at 9:16 am
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