It is difficult to calculate the cost of the patent registration process. It depends on many variables including: the complexity of the invention which is affected by the technological field of the invention, the countries in which we seek protection, examination procedure, fees, translations into foreign languages, our fees, local patent attorney fees and of course, the time the applicant invests in the registration process.
However, there are number of basic guidelines that inventors can use in order to evaluate and plan their budget accordingly.
In this article we will present the phases of the patent registration process and we will make a general evaluation regarding the costs of these phases.
The costs presented in this article are estimated and may vary depending on the complexity of the invention, government fees, international fees and state fees, the complexity of the examination procedure and the fees of the attorney representing abroad.
Phase 1- a prior art search
The purposes of this phase:
- Examine whether the invention is a new invention and whether anyone in any country in the world (and not only in Israel) has published a similar invention;
- Assist the Patent Attorney to define the invention in light of previous publications.
Although this phase is not mandatory, we recommend using the services of a Professional Patent Searcher to perform the prior art search.
The estimated cost of a Professional Patent Searcher performing a prior art search ranges from NIS 1,500 to NIS 2,500.
Phase 2- preparing a patent application in Israel
It is required to draft the patent application in accordance with the international law and treaties.
Our patents are usually drafted by an attorney specializing in patents and a patent attorney specializing in the relevant technological field.
The main factor influencing the cost of drafting a patent application is the complexity of the invention.
The estimated cost of drafting a patent application range from NIS 20,000 to NIS 40,000 (depending on the complexity of the patent). In addition to this cost, the cost of the drawings (approximately NIS 2,000) and the cost of the filing fees must be added: approximately NIS 2,000 (in the regular route for a national patent application in Israel) or NIS 9,000 (in the PCT route for an international application).
Phase 3- the national phase- the choice of countries
The exclusive rights of a patent are only applicable in the country or region in which the patent has been filed and granted. It is therefore necessary to file the patent through a local patent attorney in each country in which the patent protection is sought.
Deadlines for filing patent applications abroad:
- If we didn’t file an application under the PCT, we need to file a patent application in each country within 12 months (according to the Paris Convention) from the priority date of the first application (usually the application we filed in Israel).
- If we filed an application under the PCT, we need to file a patent application in each country within 30 months (according to the PCT Convention) from the priority date of the first application (usually the application we filed in Israel).
Costs of filling patent applications abord:
The costs of filing a patent application abord usually involves our fees for filing the application, the fees of a local patent attorney, the governmental fees and sometimes the cost of translation.
The costs vary in each country. The cost of this phase is the most difficult to estimate.
The estimated cost for this phase ranges from $ 2,000 to $ 4,000 per state.
Phase 4- the examination of a patent application
In this phase, it is necessary to respond to Office Actions written by a patent examiner from the patent office of each country in which the patent application was filed.
The cost of this phase depends on the complexity and scope of the Office Action and the fees of the local attorney for responding to the Office Action.
It is difficult to evaluate the cost of the examination phase. The cost usually ranges from $ 0 to $ 5,000.
Fees and other expenses
In the patent registration process, there are additional expenses such as: examination fees, registration fees, publication fees and renewal fees. In many countries an annual renewal fee must be paid from the date of filing the application until the end of the patent period, while in other countries, it is required to pay the fee only after the patent has been granted.
In addition, there may be additional expenses, such as: oppositions, petitions for cancellation, requests for a quick examination and more.