Step 3B: Protect Your Invention With Patents (2nd stage)

Securing a patent for your invention is a critical step in protecting your intellectual property. Patents grant inventors exclusive rights to their innovations, but the process can be costly and complex. Working with a registered patent attorney or agent is strongly advised to navigate the intricacies of patent law. Below is an overview of the different types of patents, the costs involved, and guidance on securing international protection.

Provisional Patent Application

A Provisional Patent Application (PPA) is an excellent starting point for inventors looking to secure a filing date while refining their invention. It is less expensive and requires less documentation than a full patent application. A PPA gives you one year to explore your invention's commercial potential, during which you can label your product as "patent pending." However, it does not mature into a patent unless a non-provisional application is filed within that year.

Estimated Costs:

  • Filing Fee: $60–$300 (depending on entity size: micro, small, or large)
  • Attorney Fees: $1,500–$3,500 (optional but recommended for proper documentation)

Total Cost Range: $60–$3,800+

Design Patent

A Design Patent protects the ornamental aspects of an invention, such as its shape, configuration, or surface ornamentation. This type of patent is ideal for unique product designs that distinguish a product in the market. Design patents are typically less expensive to file and enforce, and they last for 15 years from the date of grant in the United States.

Estimated Costs:

  • Filing Fee: $240–$960 (based on entity size)
  • Attorney Fees: $1,500–$3,000
  • Professional Drawings (if needed): $300–$600

Total Cost Range: $2,040–$4,560+

Utility Patent

A Utility Patent is the most common type of patent and protects the functional aspects of an invention. If your invention involves a new process, machine, article of manufacture, or composition of matter, a utility patent is likely the right choice. Utility patents are valid for 20 years from the filing date but require periodic maintenance fees to remain in force. Given the complexity of utility patents, professional assistance is highly recommended.

Estimated Costs:

  • Filing Fee: $75–$1,000 (based on entity size and application type)
  • Attorney Fees: $8,000–$15,000 (varies with complexity)
  • Patent Search (optional but recommended): $500–$2,000
  • Maintenance Fees (over the patent’s life): $3,500–$12,000 (spread across 20 years)

Total Cost Range: $8,575–$30,000+

International Patent Protection

Protecting your invention internationally adds another layer of complexity. There is no single global patent, but the Patent Cooperation Treaty (PCT) simplifies the process of seeking protection in multiple countries.

Steps to Obtain International Protection Through the PCT:

  1. File a Single PCT Application: A PCT application acts as an international placeholder, establishing your filing date across all participating countries.
  2. Enter the National/Regional Phase: After filing the PCT application, you must submit separate applications in each country or region where protection is sought. This step typically occurs within 30 or 31 months of the initial filing date.
  3. Pursue Individual Patents: Work through each country’s patent office to obtain granted patents.

The PCT provides a unified filing process for over 150 Contracting States, including the United States, making it a valuable tool for inventors looking to expand their market reach.

Estimated Costs:

  1. PCT Filing:
    • Filing Fee: $1,500–$4,000
    • Attorney Fees: $5,000–$8,000
  2. National/Regional Phase (per country):
    • Filing Fee: $2,000–$10,000 (varies widely by country)
    • Attorney Fees: $5,000–$10,000 (varies by region)

Total Cost Range: $10,000–$50,000+ (depending on the number of countries)





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