Here is some general information about the patenting process. Some of this information may not apply to your situation.
Start With a Patent Search
The first step recommended in nearly every case is a patent search. The attorney fee for that search is $1,000.
The search involves taking a close look at the idea and letting you know whether it is novel and a non-obvious improvement over what already exists. That answer shapes everything that follows, which is why it comes first rather than after you have committed to a filing.
Michael Meyer Law Pricing
Michael Meyer Law operates as a solo boutique practice, which means you work directly with Michael — a USPTO-registered patent attorney with a chemistry background and J.D. from Creighton University — without the overhead of a large firm passed on to your bill.
Patent Services, Complete Pricing
| Service | Michael Meyer Law Fee | USPTO Fees (Additional) | Typical All-In |
|---|---|---|---|
| Patent Search | $1,000 | — | $1,000 |
| Provisional Patent Application | $3,000 | $65 – $325 | ~$3,300 |
| Non-Provisional Utility Patent | $5,000 | $400 – $2,000 | ~$5,400 – $7,000 |
| Design Patent | $2,000 | ~$260 – $1,300 | ~$2,300 – $3,300 |
| Card payment processing fee: +3% | |||
While the vast majority of patent applications fall within these fees, additional charges may apply for excessive drafting requirements, significant scope changes, or extensive revisions at the client's request. Michael will advise of any potential additional fees before engaging in that work.
USPTO fees vary. The amounts above depend on whether you qualify for micro-entity status, the overall length of your application, and the total number of claims in your application.
Provisional vs. Non-Provisional
Assuming the search comes back clean, there are two different paths on the utility patent side.
The Provisional Application
A provisional application is merely a placeholder until you are able to file for the non-provisional. It is only good for one year, and it will not mature into a patent with legally enforceable rights on its own.
The main reasons inventors sometimes start with a provisional application are:
- They believe there will be significant improvements to the idea over the course of the next year
- They are testing market conditions
- They are buying time to find outside investors
The Non-Provisional Application
If your idea is about as good as it is going to get, you are usually better off starting with a non-provisional application. This is the filing that actually enters examination and can issue as an enforceable patent.
Design Patents
There is also the possibility that a design patent application may be applicable to your invention.
While a utility patent protects how your invention functions, a design patent protects the aesthetic nature of your invention — how it looks. A design patent is narrower in what it protects; however, there can be circumstances where it makes sense to pursue a design patent over a utility patent, or to pursue a design patent in addition to a utility patent.
Timeline
- Patent search — up to one week
- Drafting — normally one to two months
- Examination — the length of time it takes the USPTO to issue either a final approval or a final rejection averages 18 months
Frequently Asked Questions
How much does a patent search cost?
The attorney fee for a patent search is $1,000. The search evaluates whether the idea is novel and a non-obvious improvement over what already exists.
Should I file a provisional or a non-provisional patent application?
A provisional application is a placeholder. It is good for one year and will not mature into a patent with legally enforceable rights on its own. Inventors typically start with a provisional when they expect significant improvements to the idea over the next year, when they are testing market conditions, or when they are buying time to find outside investors. Otherwise, if the idea is about as good as it is going to get, starting with a non-provisional application is usually the better choice.
What is the difference between a utility patent and a design patent?
A utility patent protects how an invention functions. A design patent protects the aesthetic nature of the invention, or how it looks. A design patent is narrower in what it protects, but there are circumstances where it makes sense to pursue a design patent instead of a utility patent, or in addition to one.
What does it cost to become patent pending?
Including attorney fees and USPTO filing fees, expect roughly $3,300 for a provisional application, $5,400 to $7,000 for a non-provisional application, or $2,300 to $3,300 for a design patent. The patent search is a separate $1,000.
How long does the patent process take?
The patent search can take up to a week. The drafting process is normally one to two months. The examination period, meaning the length of time it takes the USPTO to issue either a final approval or a final rejection, averages 18 months.
Michael Meyer is a USPTO-registered patent attorney handling patent searches, provisional and non-provisional applications, and design patents. If you'd like to move forward, he can send over what's needed to get started.
You can start your application manually using "PENNY" our Intake Assistant at the bottom right hand portion of your screen, click on where it says "Questions? Ask Us"
— or call 402-321-7532.Warning & Disclaimer: The pages, articles, and comments on michaelmeyerlaw.com do not constitute legal advice, nor do they create any attorney-client relationship. The articles published express the personal opinions and views of the author as of the time of publication. Fees listed are current as of the date of publication and are subject to change; USPTO fees are set by the USPTO and may change independently.