The USPTO announced their new Post-Prosecution Pilot Program, or P3 program for after-final review of a patent application. The P3 program is billed as being similar to the PreAppeal Conference but it adds an oral argument to the mix and – the Office promises – a meaningful explanation of the decision. There is a twist,
Most entrepreneurs do not know how to select a patent attorney. Inventors and entrepreneurs are often mystified by the prospect of selecting a patent attorney – and the patent attorney knows this. There are several patent attorneys in my area who give each client a large, bound volume that has their patent search results, their
A response to Office action typically costs $3000-5000. A response is filed by a patent attorney when a patent examiner rejects a patent application, and the cost reflects the effort and expertise it takes to guide your invention to allowance.
My patent was rejected by the patent examiner – what do I do?
First off, do not worry.
The back-and-forth process between the examiner and applicant is a necessary part of getting a strong patent allowed. You want the examiner to fully understand the invention and do a competent job of searching. If the examiner does a poor job, your patent will not withstand attack. You want the examiner to do a good job.
A typical US patent will cost about $40,000, according to data from the American Intellectual Property Legal Association bi-annual survey. This is the average cost across the US for a patent on a “high technology” invention, and your mileage may vary. This price is highly variable – sometimes it will be less, and sometimes much, much more. For a financing solution that makes the fees predictable and uniform, see BlueIronIP.
I break the patent cost into drafting (“preparation”) and prosecution. Preparation includes everything until filing, then prosecution is everything from filing to issue. Preparation is understanding the invention, drafting the claims and the specification, and the odds and ends that need to be done to file the patent application with the US Patent and Trademark Office.
The prosecution portion is going back and forth with the patent examiner. The examiner issues an Office action rejecting the claims, and the attorney/agent responds. This back-and-forth can be frustrating at times, but is a necessary part of making sure your patent is strong. The industry average is 4.2 Office actions per case. Just because your patent was rejected initially, that is not a bad thing.
Typically, the costs are roughly half preparation and half prosecution.