A. Basic General Fees for obtaining a Utility Patent
(1). New Application
This new application fee is required by the USPTO for processing your utility patent application. It includes filing fee, search fee and examination fee.
A patent specification is also submitted to the patent office for examination at the time of filing. The patent specification discloses the invention in details and is usually drafted by professional patent agent/attorney. The service drafting fee varies depending on the complexity of the invention and the length of the specification.
(2). Post Application and Examination
Some incidental fees may incur after filing the new applications. For example, if the applicant needs to submit missing parts/documents, the patent office will charge a fee for such action.
During the examination phase, an Office Action may be issued by an examiner to point out issue(s) with the application. The applicant should submit a reply/amendment to the Office Action to address the issue(s). The response is usually prepared and drafted by a patent agent/attorney, the cost for preparing this response varies and is usually charged by hours depending on the case.
(3). Allowance and Maintenance
If there is no problem with the application or all the issues have been overcame in Office Actions, the application may proceed to allowance. Issue fees is required.
Maintenance fees are also required by the Patent Office to maintain a granted patent in force.
A complete fee schedule from the USPTO (United States Patent and Trademark Office) can also be found at the below link.
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B. Basic Application Process
For a more detail process flowchart, please refer to the below link from the USPTO.
C. Our U.S. Utility Patent Package – HKD 40,500
What does this package include?
- Filing fee, Search fee and Examination fee for Small Entity status applicant – total USD 860, see (1)
- Our service for preparing forms and documents (such as power of attorney, inventor declaration, assignment, etc) for submission
- Patent specification drafting and drawings preparation, require 1 month to finish, see (2)
- Our service for submitting your application to the patent office, monitoring and reporting to you
(1). Information on Entity Status
Depending on the applicant’s entity status, the official filing fees which include Filing fee, Search fee and Examination fee are different (USD 1720/ 860 / 430). The fees are discounted 50% for applicants and patentees who qualify as “small entities” and 75% for “micro entities”. Below are some quick definition rules for the applicants and patentees of these two statuses.
The applicants may either be one of the below:-
- Person – inventors or individuals
- Small business – number of employees not exceeding above 500 persons
- Nonprofit organization
The applicant must fulfill all of the following requirements:-
- Qualify as small entity (see above definitions)
- No more than 4 previous applications
- The applicant must had a gross income in the previous year of less than three times the median household income reported by the Bureau of the Census (approx USD$160,000)
Example: Company X has 50 employees and had previously filed 10 US utility patent applications. This applicant qualifies as a “small entity” status but fails to fulfill the “micro entity” status since it had filed more than 4 previous applications.
(2). Patent Specification Drafting
A patent specification fully discloses your invention and states the scope of protection so that it may be examined by the patent office. The drafting fee varies depending on the complexity of the invention and the length of the specification. If a Chinese specification is ready, our firm may also provide English translation service. If you require this specification drafting/translating service, please contact us.
For other IP services or further inquiry, please contact us directly.
What other services can we help you out with?
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