Patent Cost – Cost of Filing, Obtaining & Maintaining a Patent in Major Jurisdictions?

 In Patent Prosecution

How much does it cost to file a patent in …

USA? Canada? Europe? China? Japan? South Korea? India?

All right, one can always Google and find the cost of filing a patent in each of these countries. But there is a real lack of a one-stop blog listing the cost of filing, obtaining and maintaining a patent in each of these jurisdictions.

If you are someone like me who likes to get all their information in one place, you have arrived at the right place. Below we have listed the cost of filing, obtaining and maintaining a patent in major jurisdictions around the world. In addition, we have also highlighted the factors that affect the cost of a patent.

Before we have a look at them, it is to be noted that the cost varies not merely based on jurisdiction, but also the area of technology and type of patent involved.  What are the types of patents? – you ask.

Well, let’s start with that. Else, if you are aware of the different kinds of patents, you can safely skip the next section and get to the meat of the material.

What are the Different Types of Patents?

Generally, the Patents can be categorized into one of the following types (of course different countries may have various other types but here we are talking at a broader level or better to say considering US as a base) –

  • Utility Patent Cost: The most common category of patents with a number of classifications under it. Utility patents protect the functional aspect of an invention, i.e., how the invention works. These patents are valid for a period of 20 years, provided the maintenance cost is paid on a recurring basis. Some countries have different types of Utility patent with different expiry period but most of the countries follow the above definition.
  • Design Patent Cost: If an invention involves the aesthetic edge of creative to a machinery then design patent is what one needs to attain along with the utility patent. However, unlike utility patent, it is valid only for 14 years.
  • Plant Patent Cost:  A plant patent is attained by someone who has either brought the existence of a plant into being or has agamically reproduced a fresh or specific breed of plant. This patent has 20 years of validity for an assignee.
  • Software Patent Cost: Quite an ambiguous term, software patents are a class in themselves. They have been quite in the limelight for the past decade and has received special attention post-Alice decision (if we talk about the US).

Related Read: How to Overcome Rejection based on the Alice decision?

Once it has been decided which patent is needed to validate an invention under one name, the filing procedure begins.

Which factors decide a patent cost?

The cost of a patent rigidly depends upon the kind of patent, the number of tasks the patent attorney needs to perform, and the intricacy of an invention. Usually, there are three  natures of expenses involved in filing a patent application:

  • Attorney Expenses
  • Professional Drawings Expenses
  • Patent Office Expenses

Patent costs vary majorly as per the type of a patent application you are filing. Then there are additional costs in form of professional patent searches too; the cost of which varies between $1000 and $3000 (This particular cost range is applicable to the US solely and may vary based on jurisdiction).

The cost incurred for filing, obtaining and maintaining a patent varies severely from country to country, Instead of generalizing, let’s have a look at the cost incurred for obtaining and maintaining a patent in each of these jurisdictions.

If you are interested in finding the costs incurred in only particular countries and not all the major jurisdictions, feel free to use the table of contents below to jump to the requisite bit of information.

  • Cost of Patent in USA
  • Cost of Patent in Europe
  • Cost of Patent in Canada
  • Cost of Patent in China
  • Cost of Patent in India
  • Cost of Patent in South Korea
  • Cost of Patent in Japan

How much does it cost to file a patent in the US?

Obtaining a US patent involves a highly complex framework. When it is the US, acquiring a patent mostly depends upon what sort of technology is it. Providing exact figures would be an injustice to the creation, as a lot of other factors other than complexity are involved. However, here is an overview of the cost of filing an application in the US:

Utility Patent: The usual expense of filing a utility patent application ranges anywhere between $8000-$15000 or more.

  • For a basic invention, the cost ranges between $5000-$7000, exclusive of the patent search cost – $1000 – $ 1250.
  • For the comparatively simple invention, the cost ranges between $7000-$8500 with an extra patent search cost varying between $1000 – $1250.
  • For the least complex invention, the cost ranges between $8500-$10000 and patent search cost varies from $1250 – $1500.
  • For the fairly complex invention, the cost ranges between $10000-$12000 and an additional patent search cost ranges between $1500 – $1750.
  • For the comparatively complex invention, the cost ranges between $12000-$14000 and the patent search cost usually is between $1750 – $2000.
  • For an exceptionally complex invention, the cost ranges between $14000-$16000 and patent search cost – $2000 – $2500.
  • For software akin invention, the cost is more than $16000 and the patent cost varies between $2500 – $3000.

Design Patent: Preparing and filing an application for attaining a design patent usually costs between $2500 and $3000 inclusive of the examination fee, which is $140.

Plant Patent: From examination fee to legal fee, an application for obtaining a plant patent usually costs between $4660-$7620.

Even if you skip patentability searches prior to filing a patent, patent offices conduct their own patent search to figure out if an invention is original or not.

Now, these costs vary based on the number of claims. In addition to the application fee, one also needs to pay an extra amount when the number of claims exceeds the accepted amount. By how many and how much? Let’s find out.

The Patent Claim Clause:

  • If there are more than three claims for a patent then an additional cost $220 per claim is added to the application fee.
  • If there are more than ten claims for a patent then an extra cost of $52 per claim is added to the fee.

Another cost that is associated with application cost is professional drawings. It increases the application cost by $300 to $500.

As the invention becomes intricate, the prosecution cost tends to increase. Higher the intricacy of the invention, higher will be the prosecution cost.

  • For an automated innovation, the prosecution cost varies between $2500 – $4000.
  • For an intricate automated creation, the prosecution cost varies between $3000 – $7000.
  • For a usual software discovery, the prosecution cost varies between $2500 – $7000.
  • For a complex software creation, the prosecution cost varies between $3500 – $7500.

An invention has a creative eye for the concept. However, sometimes after filing the patent application it gets rejected. In such a case the applicant can appeal to reverse the USPTO’s decision or he can meet the patent examiners in person. Nonetheless, both the processes involve a huge amount.

In the case the patent is granted, one has to keep paying maintenance fees thrice during the lifetime of a patent to keep it active.

How much?

Patent Maintenance Fee

To keep a patent from lapsing, the applicant has to keep paying the maintenance fee to the government office during these three intervals post-grant.

  • Post 3.5 years – $980
  • Post 7.5 years – $ 2480
  • Post 11 years – $4110

This is not it, there are a couple more costs involved with patent filing like:

  • Extension of Time
  • Administrative Charges
  • Trademark Processing Charges
  • Post – issuance Charges

However, these are not the universal cost systems. Acquiring a patent has a different procedure and cost structures in various corners of the world. Let’s have a look at the others.

How much does it cost to file a patent in Europe?

Generally, the cost of obtaining a patent under Euro-Patent Cooperation Treaty (PCT) is EUR 47,000. This includes:

  • International Patent Charges
  • EPO Grant Procedure Charges
  • Patent Attorney Representation Charges
  • Translation and the Validation Charges Post Grant Procedure
  • Maintenance Charges

The great news is, the Euro-PCT patent is valid in eight different countries; Germany, France, the United Kingdom, Italy, Spain, Switzerland, the Netherlands, and Austria.

Another way to attain European Patent is through direct mode, which means, one can attain patent through European Patent Office directly having a validity in six different countries. When acquiring the patent through EPO, the total cost of the same is calculated to be EUR 32,000 which includes, the EPO grant procedure fee, patent attorney cost, validation charges, and renewal & maintenance charges of the patent.

This amount generally varies depending on the technology and the type of invention. Also, an addition of EUR 6,000 is to be done to the amount if the filling and grant procedure is in-house.

For conducting the procedure in front of the EPO, a fee of EUR 4,600 is charged over and above the actual fee. This price also includes the renewal charges to be borne in the third and the fourth years.

Drafting the application in one language and then representing in procedures, and conversion of the patent claim in two other official languages have a charge of EUR 10,000.

The renewal charges that a patentee has to pay from the fifth to tenth year is EUR 10,000 including the affiliate representation cost.

How much does it cost to file a patent in Canada?

If your vision is to acquire a Canadian Patent, then following is the cost morphology for the same.

Acquiring Canadian patent is same as obtaining the US patent. However, According to Canadian Intellectual Property Office(CIPO), there are a couple of additional costs to attain a Canadian patent.

The fee for filing an application for a small entity is $200 Canadian Dollars and for a standard entity, it is $400 CA. A completion fee is to be paid in case of standard entities post-filing the application which amounts to $200 CA.

In case of standard entities, a prior exam charge is taken to conduct an international search to attain the Canadian patent which amounts to $200 and in case of small entities the amount is $100. If no international search in Canada needs to be conducted then the amount paid are $800 and $400 respectively.

For standard entities, there is a provision to request for examining an application in advance and the cost for the same is $500. There is also an additional $400 amendment charge prior to the allowance fee in case of standard entities.

If an application has been filed on or after 1st October 1989 then the final amount a standard entity has to pay is $300 and $6 as drawings. For small entities, it is $150.

In case of recovery of an abandoned application the standard entity has to pay a sum of $200 CA and for a forfeited application $200 needs to be paid.

A standard entity or a person filing for Canadian International Application has to bear the following charges:

  • Application Charge – $300
  • Search Charge – $1,600
  • Add-on Charge – $1,600
  • Prior Examination Charge – $800
  • Additional Charge – $800
  • Primitive National Charge – $400
  • Late Payment Charge – $200
  • Reissue Application Charge – $1,600
  • Patent Disclaimer Charge – $100
  • Re-examination Claim Charge – $2,000
  • Re-examination Claim Charge – $1000 (small entities)
  • Filing of A Judgement Charge – $50
  • First Allegation of Abuse Charge – $2,500
  • Each Additional Allegation of Abuse Charge – $250
  • Allegation of Abuse Recorded with Canadian Public Office Record – $200
  • Canadian Public Office Record Publication Charge – $20
  • Correction of An Error Charge – $200
  • Registration of A Document Charge – $100
  • Time Elongation Charge – $200
  • Late Payment Charge – $50 or 50% of the sum not paid (whichever is greater)
  • Information and Application/Document Copies Charge – $600

How much does it cost to file a patent in China?

In China basically there are three structures of acquiring patents depending on the types:

  • Patents for Invention
  • Patents for Utility Model
  • Patents for Design

Let us discuss each of these in detail!

Patents for Invention

The official charge of filing an application is 950 RMB (renminbi) and the attorney fee is 5500 RMB.

Filing a PCT application including the publication fee within the stipulated time costs 950 RMB with an additional attorney cost of 6000 RMB. However, with the late fee, the amounts increase to 1000 RMB and 2800 RMB respectively.

Submitting a divisional Application costs 950 RMB and the attorney cost for the same is 5500 RMB. In case of drawings, 50 RMB is charged per page post 30 pages and 100 RMB is charged post 300 pages.

Add-on fee for claims if it exceeds 10 then 150 RMB as official fee needs to be paid per claim with an attorney fee of 80 RMB per claim. Submitting a request for earlier publication has an attorney charge of 830 RMB.

Official charge for submitting a request for nominal examination costs 2500 RMB with an attorney cost of 1800 RMB and submitting a request for re-examination has an official charge of 1000 RMB along with 5500 RMB as the attorney cost.

Official charge for patent certificate fee is 255 RMB and the attorney cost is 900 RMB. Submitting a request for validation has an official charge of 3000 RMB with an additional attorney fee of 6800 RMB.

Maintenance Fee in China

 Official fee for application maintenance per year is 300 RMB along with attorney fee of 370 RMB.

  • Official cost per annum from 1st to 3rd year is 900 RMB along with the attorney cost 550 RMB.
  • From 4th to 6th year the official cost is 1200 RMB and the attorney cost is 640 RMB.
  • From 7th to 9th year 2000 RMB and 730 RMB in attorney fees, from 10th to 12th year, 4000 RMB and 820 RMB, from 13th to 15th year 6000 RMB and 910 RMB, and from 16th to the 20th year 8000 RMB and 1000 RMB in maintenance fee and attorney costs respectively.

Official late annual or maintenance charge within 6 months is +25% surcharge along with 550 RMB as attorney fee and reviving an application costs 900 RMB as official charge and 3000 RMB as attorney charge.

Patents For Utility Model

The official fee for filing an application is 500 RMB along with 4600 RMB as attorney charge. Also, filing a divisional application costs the same.

Filing a PCT application within the stipulated time period has 500 RMB an official cost and 5000 RMB as the attorney cost. Whereas, with the late fee the official charge increases to 1000 RMB and the attorney charge to 3200 RMB.

Same is the case of drawings under the patent for utility model as it was under the patents for an invention; 50 RMB is charged per page post 30 pages and 100 RMB is charged post 300 pages. Add-on fee for claims if it exceeds 10 then 150 RMB as official fee needs to be paid per claim with an attorney fee of 80 RMB per claim.

Submitting a request for re-examination has an official charge of 300 RMB along with 5000 RMB as the attorney cost and the official charge for patent certificate fee is 205 RMB and the attorney cost is 900 RMB.

Submitting a request for invalidation has an official cost of 1500 RMB and 5500 RMB as attorney cost.

Annual Fee – Official Charge and Attorney Charge are as follows:

  • 1 – 3 years 600 and 650 RMB respectively
  • 4 – 5 years 900 and 740 RMB respectively
  • 6 – 8 years 1200 and 830 RMB respectively
  • 9 – 10 years 2000 and 920 RMB respectively

Official late annual or maintenance charge within 6 months is +25% surcharge along with 550 RMB as attorney fee and conducting the search for utility model has an official charge of 2400 RMB and 1000 RMB as attorney cost.

Patents For Design

The official fee for filing an application is 500 RMB along with 3200 RMB as attorney charge. Also, filing a divisional application costs the same.

Submitting a request for re-examination has an official charge of 300 RMB along with 4600 RMB as the attorney cost and the official charge for patent certificate fee is 205 RMB and the attorney cost is 900 RMB.

Submitting a request for invalidation has an official cost of 1500 RMB and 5500 RMB as attorney cost.

Annual Fee –  Official Charge and Attorney Charge for ‘Patents for Design’ are as follows:

  • 1 – 3 years 600 and 650 RMB respectively
  • 4 – 5 years 900 and 740 RMB respectively
  • 6 – 8 years 1200 and 830 RMB respectively
  • 9 – 10 years 2000 and 920 RMB respectively

Official late annual or maintenance charge within 6 months is +25% surcharge along with 550 RMB as attorney fee.

Cost Structure of Submitting a Patent Application in India

Carrying out a performance search in India has a professional fee between INR 15000 to 30000 and drafting a patent application costs between INR 25000 to 75000.

The government fee for filing the patent application form ranges between INR 1600 to 8000 and the professional fee for same is between INR 5000 to 12,000 and submitting a request for filing an early publication has a government fee ranging between INR 2500 to 12500 and the professional charges are between INR 5000 to 12000.

The Government fee for submitting a request for examination ranges from INR 4000 to 20000 and the professional fee is between INR 5000 – 12000 and reverting to examination reports have a professional charge between INR 20000 – 60000

Professional fee for hearing and grant & renewal ranges between INR 5000 – 20000 and INR 1000 – 5000 respectively in India.

For Individuals or Startups in India:

  • The government fee excluding the professional charges is INR 5600
  • The government fee including the professional charges is INR 92600, wherein, the professional fee ranges between INR 61600 to 169600

For Small Entities in India:

  • The government fee excluding the professional charges is INR 14000
  • The government fee including the professional charges is INR 101000, wherein, the professional fee ranges from INR 70000 to 178000

For Large Entities in India:

  • The government fee excluding the professional charges is INR 28000
  • The government fee including the professional charges is INR 115000, wherein, the professional fee ranges from INR 84000 to 192000

How much does it cost to file a patent in South Korea?

To understand the cost of obtaining a patent from Korean PTO, we can use the below three frameworks:

  • Patent Fees
  • Utility Model Fees
  • PCT fees

Patent Fees

Application Fee in Korea

  • If a patent application has been filed in Korea through electronic mode then the fee for the same is 46,000 Korean Won (KRW) and if the mode is a hard copy then the basic fee is 66,000 KRW with an additional charge of 1,000 KRW per page post 20 pages.
  •  Submitting a request for an extension of the patent rights cost around 3,00,000 KRW.

Examination Fee in Korea

  • The basic fee for submitting an application for an early claim electronically costs 18,000 KRW and the paper mode costs 20,000 KRW. Also, the add-on charges for each priority claim is the same as above in both the cases.
  • Submitting a request for nominal examination fee costs 1,43,000 KRW with an additional cost per claim 44,000 KRW.
  • Filing a request for re-examination costs 1,00,000 KRW along with an add-on fee of 10,000 KRW for each patent claim.

Annual Fee in Korea

Annual basic fee and annual add-on charge per patent claim have been mentioned below:

  • 1 – 3 years 15,000 and 13,000 KRW respectively
  • 4 – 6 years 40,000 and 22,000 KRW respectively
  • 7 – 9 years 1,00,000 and 38,000 KRW respectively
  • 10 – 12 years 2,40,000 and 55,000 KRW respectively
  • 13 – 15 years 3,60,000 and 55,000 KRW respectively
  • 16 – 25 years 3,60,000 and 55,000 KRW respectively

Other Charges

A couple of more charges have to be borne by the patentee to obtain a patent which finally amounts to 2,19,000 KRW.

Utility Model Fees

Application Fee

  • If utility application has been filed in Korea through electronic mode then the fee for the same is 20,000 Korean Won (KRW) and if the mode is a hard copy then the basic fee is 30,000 KRW with an additional charge of 1,000 KRW per page post 20 pages.

Examination Fee

  • The basic fee for submitting a Utility Model Application for an early claim electronically costs 18,000 KRW and the paper mode costs 20,000 KRW, Also, the add-on charges for each priority claim is the same as above in both the cases.
  • Submitting a request for nominal examination fee costs 71,000 KRW with an additional cost per utility model claim 19,000 KRW.
  • Filing a request for re-examination costs 50,000 KRW along with an add-on fee of 5,000 KRW for each utility model patent claim.

Filing a request for a special examination of utility model patent costs 1,00,000 KRW.

Annual Fee

Annual basic fee and annual add-on charge per utility model patent claim are as follows:

  • 1 – 3 years 12,000 and 4,000 KRW respectively
  • 4 – 6 years 25,000 and 9,000 KRW respectively
  • 7 – 9 years 60,000 and 14,000 KRW respectively
  • 10 – 12 years 1,60,000 and 20,000 KRW respectively
  • 13 – 15 years 2,40,000 and 20,000 KRW respectively

Other Charges

A couple of more charges have to be borne by the patentee to obtain a utility model patent which finally amounts to 3,19,000 KRW.

 Patent Cooperation Treaty (PCT) Fee

  • The examination fee and handling fee for submitting a request for the international preliminary examination amount to 4,50,000 and 2,27,000 KRW respectively.
  • Submitting a request for application search under PCT in Korean amounts to 4,50,000 KRW  and in English, it costs 13,00,000 KRW.

How much does it cost to file a patent with JPO?

If you need to file a patent application in Japan then here is the cost morphology of the same:

The cost of filing a patent application in Japan basically involves two types of fee: Attorney Fee and Official Fee.

  • Attorney fee for filing a patent application in Japanese is 1,00,000 Japanese Yen (JPY) and the official fee for the same is 14,000 JPY.
  • Attorney fee for requesting to file a patent application in any foreign language is 1,00,000 JPY and 24,000 JPY is the official fee.
  • Attorney fee for demanding traditional priority is 10,000 JPY.
  • Filing a request for examination has an attorney fee of 14,000 JPY and 1,18,000 JPY as the official fee and add-on official charge per claim is 4,000 JPY.
  • Filing a request for prior examination has an attorney fee of 10,000 JPY and add-on charges related to the same are 50,000 JPY.
  • Attorney fee for submitting a request for an extension of time is 10,000 JPY and the official fee for the same is 2,100 JPY in the first two months. However, in the third month, the same costs are charged again.
  • Attorney fee for basic registration for first 3 years is 14,000 JPY and the official fee is 6,300 JPY. The official add-on charge per claim is 600 JPY.
  • The attorney cost of investigating the certificate of registration is 10,000 JPY.

Annuity Fee

Annual basic attorney fee, official fee, and official add-on charge per patent claim are as follows:

  • 4 – 6 years 10,000; 6,400; and 500 JPY respectively
  • 7 – 9 years 10,000; 19,300; and 1500 JPY respectively
  • 10 years to expiration:  10,000; 55,400; and 4,300 JPY respectively

The cost of filing a utility model application in Japan also involves two types of fee; Attorney Fee and Official Fee.

  • Attorney fee for filing a patent application in Japanese is 1,00,000 Japanese Yen (JPY) and the official fee for the same is 14,000 JPY.
  • Registration charge for the first 3 years includes 6,300 JPY as the official fee.
  • Official fee for each add-on claim amounts to 300 JPY
  • Attorney fee for submitting a request for search report is 50,000 JPY and the official fee is 42,000 JPY along with an add-on charge of 1,000 JPY per claim.

Annual Fee in case of Utility Model Application

Annual basic attorney fee, official fee, and official add-on charge per Utility Model Patent claim are as follows:

  • 4 – 6 years 10,000; 6,100; and 300 JPY respectively
  • 7 – 10 years 10,000; 18,100; and 900 JPY respectively

The cost of filing a design application in Japan also involves two types of fee; Attorney Fee and Official Fee.

  • Attorney fee for filing a design application in Japanese is 1,00,000 Japanese Yen (JPY) and the official fee for the same is 16,000 JPY. Attorney fee for demanding traditional priority is 15,000 JPY.
  • Reverting to an official action has an attorney fee of 14,000 JPY.
  • Attorney fee for submitting a request for an extension of time is 10,000 JPY and the official fee for the same is 2,100 JPY in the first two months. However, in the third month, the same costs are charged again.
  • Attorney fee for basic registration for first 3 years is 20,000 JPY  and the official fee is 8,500 JPY.
  • The attorney cost of investigating the certificate of registration is 10,000 JPY.

Annuity Fee

Annual basic attorney fee and official fee for design application per year are as follows:

  • 1 – 3 years 10,000 and 8,500 JPY respectively
  • 4 – 10 years 10,000 and 16,900 JPY respectively

Conclusion

We have listed the cost of filing, obtaining and maintaining a patent in the major jurisdictions around the world. Each jurisdiction has its own set of costs and fees and a set of criteria that need to be met before a patent is granted. Further, the regulations and Intensiveness towards IP differs in each of these countries.

For instance, Europe and US are one of the most IP intensive regimes in the world while India is one of the least IP intensive nations in the world. Nevertheless, times have been changing and China, once an anti-IP regime is getting known for its stronger IP rights. Read our detailed report on innovation in China here.

Having said that, a clever patent strategy is always to protect your core inventions and innovations in all potential markets.  In that way, freedom to operate would never be something to stress about.

How much would that cost?

If you have more questions, feel free to ask us.

Leave a Comment

Contact Us

Got Questions! Queries! Send us an email.

Not readable? Change text. captcha txt