How to Cut Patent Costs

By Don Debelak

Don Debelak offers affordable patents  http://www.patentsbydondebelak.com

January 18, 2016

Patent costs for a utility patent can range from the $3,000 range up to $25,000. Before moving forward you want to understand some basic concepts that can cut your patent costs significantly.

1. Micro Entity fees
2. Patent Agent versus Patent Attorney
3. Understand when a patent offers broad protection
4. Matching your patent effort to your approach to the market
5. Take Steps that can cut your costs.

The more you do on you on your own to get prepared for your visit to the patent agent or patent attorney will not only cut your costs but your efforts will probably improve your patent.

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1. Micro Entity Fees

Patents fees have three categories, normal fees, small entity fees which are 50% of the normal fee, and small entity fees which are 25% of the normal fees.

To qualify as a micro entity, an applicant must meet all of the following criteria:

• Qualify as a USPTO-defined small entity.
• Not be named on more than four previously filed applications.*
• Not have a gross income more than three times the median household income in the previous year from when the fee(s) is paid. For 2011, the most recent year that data is available, the median income was $50,054.
• Not be under an obligation to assign, grant, or convey a license or other ownership to another

These are significant savings you can’t afford to pass up.

2. Use a patent agent versus a patent attorney

From the USPTOO web site:  http://www.uspto.gov/inventors/independent/eye/201101/advicepracticioner.jsp

A patent attorney has a law degree, can prosecute applications before the USPTO, and can represent you in patent litigation or infringement cases. A patent agent can prosecute applications before the USPTO, but not in a court of law. To be a registered patent attorney or agent, one must pass an exam administered by the USPTO. A roster of all registered patent attorneys and agents that is searchable by name or geographic location is available on the USPTO’s website. Because patent agents are not attorneys and specialize only in applying for patents they they to be considerably less expensive than patent attorneys

3. Understand when a patent offers broad protection

Patents are restrictive and use closed ended phrases such as consisting of are patents where only the very specific design of the patent are covered are generally considered not as valuable as people who make small changes to the design may be able to potentially patent their idea and compete with you with a patent, or they will just be able to compete with you without a patent. Limited patents have generated significant licensing.  Patents with open ended fees may though still generate significant patent fees.

Open ended patents typically use phrases such as comprising, which in patent terms means it covers not only the items specifically covered, but other similar items.  You want to look at the terms in competitive patents to see if they are open ended or closed ended and then discuss with your patent agent or attorney on what that means for your patent opportunity.  Also ask your patent provider if he/she feels they will be able to use open ended or close ended language in your patent.

You must then decide if that patent you can get will have coverage that to you justifies its costs.  You must be in a position to make this evaluation in order to make an intelligent on whether or not to proceed.

4. Matching your patent effort to your approach to the market

Certain approaches to commercializing, such as licensing, your idea require a patent.  For others like a private label approach or a joint venture approach don’t require a patent but a patent can assist the process.  Taking a product to the market on your own doesn’t require a patent, but it can help you protect your idea if you are successful.

Look at the approach you are taking and then decide on whether or not you need a patent but by looking at the scope of your patent and your approach to the market.

5. Some Steps You Can Take before Talking to a Patent Agent of Attorney to Cut Patent Costs

• Do a patent search on your own or through a professional patent search and get a list of competitive patents.  Go through each patent and clearly describe how your invention is better,
• Prepare a background section on your patent, which includes how the product is used, why it is used, what are issues involved with the product and its application, how other patents have addressed this issue, the problems with the other approaches and why your approach to resolving the issue is best.  You will pay a patent agent from $120.00 to $200.00 per hour, and a patent attorney much more, so you can cut down the patent preparation time by doing this first yourself.  This section is very helpful in preparing a final patent and improves your patent.
• Do some drawings yourself, they don’t have to be perfect, but if you label each component in the drawing it will help cut the time required for patent drawings.
• Do a sequence of operation for your idea, exactly how it works, and then you want to list clearly which part of the sequence of operation is your new invention and which steps are from the traditional product that you are improving.

See OneStopInventionShop patent services at https://onestopinventionshop.net/services/patents/