What is the average cost of drafting and filing a patent incurred when hiring an agent ? This can give an idea to me if I'm over charged for the service

2 Answers 2


Filing a patent as Small Entity

  • Basic filing fee - Utility (electronic filing): $70

  • Utility Search Fee: $300

  • Utility Examination Fee: $360

( http://www.uspto.gov/web/offices/ac/qs/ope/fee010114.htm )

My patent attorney charges $6-8K for drafting a patent application, and $2K for each Office Action response. In my patents, the number of responses has been at least 2.

So the total cost would be around $10K

  • Is it not an attorney's responsibility to guide you until you get the patent granted? Why would they charge for each office response ? Commented Mar 27, 2014 at 9:01
  • 1
    Each phase of the process takes time and expertise and the steps an application takes is highly dependent on what the particular examiner does. People get paid for their time and expertise.
    – George White
    Commented Mar 27, 2014 at 15:14
  • @George I can understand that patenting is a highly complex process. Commented Mar 29, 2014 at 6:48
  • @Outputlogic Can you please give a link to your Attorney ? Commented Apr 1, 2014 at 17:11
  • My patents are handled by Pillsbury Law: pillsburylaw.com Commented Apr 1, 2014 at 20:49

Having written and prosecuted numerous applications over 25 years, be aware that pricing is dependent upon whether you are filing a mechanical, electrical, chemical, or biotechnological patent. If the agent/attorney does not make that distinction, I would definitely seek one that does. Secondly, patentability searches search costs also depend on the field so if you are being quoted an across the board price for a search, that's another reason to get a second opinion. You can contract a comprehensive fee- filing and prosecution upfront or ask for it to be broken down to filing cost followed by separate prosecution cost. Also find out who is actually doing the work- an associate working for a partner or an agent (just as good as an attorney and many times better) Don't pay partner rates for an associate/agent's work- ask how many partner hours will be billed to review the final product.

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