The cost of patenting is an initial concern for many new inventors and businesses alike. However, patents can be achieved cost effectively and importantly in a manner to provide a commercial return on investment. Below we have provided some general guidance on costs, although you should bear in mind that every invention and project is unique – so please contact us for a quote for your specific invention and project.
Initial Patent Costs
There are many types of patent applications including provisional patent applications, complete patent applications, innovation patent applications and international patent applications. The cost for each of these patent applications does vary. However, as a general guide, our cost to prepare and file a provisional patent application is generally between about $3,410 and $6,710 (including GST and Patent Office fees).
The costs mainly relate to the specialised drafting (writing) of the patent specification and claims, background searches, client discussions and brainstorming, preparation of drawings or models, and ultimately devising whole range of protection options for your invention to ensure the broadest possible protection.
We do not ever recommend preparing and filing a “cheap” provisional patent (such as a provisional patent that has no “claims”) and we always dedicate sufficient time and attention so that every application is prepared to the highest international standards. This ensures that every invention is comprehensively protected under Australian and international law.
Total Patent Cost
To secure a standard patents in Australia and overseas jurisdictions such as the USA, you should reasonably expect to pay around $7,000 to $12,000 per country (these costs assume you have started with a high quality provisional patent specification). This cost is typically spread over several years. Once the patent is granted, renewal fees are payable to keep the patent in force for the 20 year term. The cost of an innovation patent may be less and is typically in the range of about $2,500 to $4,500.
The ultimate aim of a patent should be to generate more revenue, either directly or indirectly via market share, in comparison to the costs incurred during the patenting process. Provided you select countries of high commercial value in which to seek patent protection, the patent costs should be relatively insignificant in comparison to the direct or indirect revenue generated by the patent. The direct revenue may be generated by licensing or selling your patent, and any indirect or passive revenue may be attributed to the propriety nature and protected market share the patent provides for your invention in the marketplace.
Keeping in Control of Patent Costs
Probably the main area inventors get into trouble is filing patents in more countries than can be reasonably commercially sustained. To combat this – you need to carefully consider your patent strategy, budget and commercial strategy and aim to pick a handful of countries that are likely to generate the highest commercial return.
It may not come as a surprise that many Australian inventors file in the USA and Europe. But, there are many considerations – for example, let’s say a UK patent is only 25% of the cost of a European patent and your business activity is to be mainly focussed in the UK – would you be better to simply file in the UK? There are over 175 countries to file in, and in most cases we assist our clients to pick only about 5 to 15 countries that offer the greatest commercial value. If you need assistance with effective patent strategy, please contact us for a consultation.
Simple to Understand – Fully Outlined Fixed Fees
IP& provides fixed and capped fee options to provide you with a clear costs upfront. We also have an associated network of like minded Patent Attorneys in international jurisdictions, such as the USA, who are also able to provide competitive fixed patent costs and expertly handle your patent application before the patent offices in their respective jurisdictions.
Contact us for a Quote
If you would like to know our fixed fee costs for patent applications, designs or trade mark filings, please contact us by filling out the contact form. We will respond with a fixed fee quote for your patent costs, trademark costs or designs costs.