How much
does a patent cost?
Patent application costs are often a heavy burden at first, as it can
be several years before an invention becomes profitable. The table
"Average Costs of Domestic and Foreign Patent Application Procedures"
points out the costs for some larger countries and differentiates between
the fees of the patent offices and those of the patent lawyers.
In all countries except the USA, annual fees rise constantly until the
final, 20th year, with the result that these are quite substantial towards
the end of this period. These high fees are usually less important,
however, since the majority of patents are not maintained for longer than
15 years. But if an invention is particularly successful and the annual
fees for the corresponding patent are paid until the 20th year, profits
are also high enough to make paying the annual fees easier.
While the office fees are fixed, for the purposes of the table, an
average for the lawyers’ fees had to be found. In each country several
patent lawyers’ chambers were asked about their respective costing and an
average was calculated. A patent application of customary scope and degree
of difficulty was then based on this information.
One should also bear in mind that, with the European and International
Patent application, only the costs of the European Patent Office and the
international authorities are mentioned and not those for the national
phase. The costs for the national phase depend on the number of countries
selected and maintained and whether there is an examination procedure at
the respective patent offices. Such a wide range of possibilities exists
here that costs can only be forecast on an individual basis.
| Average Costs
of Domestic and Foreign Patent Application
Procedures1
(EURO) |
| |
| |
Drawing up of a patent
application by a patent lawyer |
Filing of the application at
the national patent office incl. search
request |
Request for examination after
prior search |
Examination procedure with two
office actions |
Payment of the fee for
grant |
Renewal fee for the first 5
years |
Total costs in the first 3
years |
Total costs for 20
years |
| Lawyer’s fee |
Office fee |
Lawyer’s fee |
Office fee |
Lawyer’s fee |
Lawyer’s fee |
Office fee |
Lawyer’s fee |
Office fee |
Lawyer’s fee |
Office fee |
Lawyer’s fee |
Office fee |
Lawyer’s fee |
 DE |
2000 |
205 |
500 |
149 |
130 |
800 |
90 |
130 |
3rd
yr: 59 4th yr: 59 5th yr: 90 |
80 80 80 |
503 |
3650 |
+/-12000 |
+/-4800 |
 FR |
1700 |
360 |
500 |
- |
- |
500 |
86 |
100 |
2nd
yr: 29 3rd yr: 32 4th yr: 37 5th yr:
51 |
29 29 29 29 |
827 |
2900 |
+/-5500 |
+/-3400 |
 GB |
1500 |
195 |
640 |
105 |
225 |
800 |
- |
- |
5th
yr:75 |
82 |
300 |
3200 |
+/-6700 |
+/-4500 |
 IT |
2000 |
4005 |
450 |
- |
- |
- |
703 |
- |
1-3rd yr: 70 4th yr: 37 5th yr:
47 |
84 84 |
470 |
2450 |
+/-6200 |
+/-3900 |
 ES |
1000 |
560 |
1000 |
- |
- |
800 |
25 |
170 |
3rd
yr: 19 4th yr: 24 5th yr: 46 |
60 60 68 |
604 |
3050 |
+/-3400 |
+/-4200 |
 USA2 |
2500 |
800
(400)2 |
300 |
- |
- |
2500 |
1210
(605)2 |
250 |
3½
yr: 940 (470) |
150 |
2010
(1005)2 |
5550 |
+/-8130 (4065)2 |
+/-6000 |
 JP |
2400 |
205 |
1750 |
1100 |
560 |
2500 |
850 |
350 |
4th
yr: 500 5th yr: 500 |
180 180 |
2155 |
7550 |
+/-85000 |
+/-11000 |
 EPO6 |
2000 |
1549 |
2000 |
1431 |
150 |
1000 |
715 |
180 |
3rd
yr: 383 4th yr: 403 5th yr: 434 |
80 80 80 |
4078 |
5400 |
+/-19400 |
+/-6800 |
 PCT9 |
2000 |
2164 |
2100 |
1681 |
150 |
1000 |
- |
- |
-7 |
- |
3845
(2164)4 |
5250
(4100)4 |
depending upon the quantity of states in which
protection is finally sought |
| |
Initial
costs8 |
|
- The figures for
office fees were supplied by each country’s the patent
office. The lawyers’ fees are based on information given by
several lawyers from each country. Both sets of figures
correspond to patent applications of average scope and level
of difficulty.
- For certain
applicants, referred to as "small entities", the US
regulation of fees intends a reduction of 50% for most of
the office fees. The following applicants are "small
entities":
- Non-profit-making organisations, such as schools,
universities, organisations for sport, culture, education
etc.. These organisations’ public welfare status must be
recognised and they are not permitted to make a profit in
favour of private persons.
- Small companies, i.e. firms with fewer than 500
employees during the previous business year, including all
temporary employees and casual workers.
- Independent inventors.
The table shows the
costs for large entities, while the costs for small entities
are marked in brackets.
- Repay when patent is
granted.
- With (without)
examination.
- No search
request.
- European Patent (15
claims) (8 countries): Without national phase.
- Renewal fees only in
the national phase.
- Costs arising in the
initial phase of the procedure.
- International Patent
Application (PCT): Without national phase.
| |