The total cost of obtaining patent protection cannot be determined by a single fixed price. Patent filing costs in Israel and abroad depend on several factors, including the complexity of the invention, the technological field, the filing route, the countries in which protection is sought, official fees, translation costs and professional fees.
The examination process can also have a significant effect on the final cost. A straightforward application that encounters few objections may cost substantially less than an application that requires several rounds of examination, amendments or hearings.
Nevertheless, several basic guidelines can help applicants understand the likely costs and plan their patent budget.
This article explains the main stages of the patent process and provides general estimates of the costs associated with each stage.
The amounts below are estimates. Actual costs may vary depending on the invention, applicable official fees, the countries selected and the complexity of the prosecution process.
Phase 1: Prior Art Search
A prior art search serves two main purposes:
- It helps determine whether similar technology has already been published anywhere in the world.
- It helps the patent attorney understand and define the invention in light of earlier publications.
A prior art search is not mandatory. However, we generally recommend conducting a professional search before investing substantial resources in drafting and filing a patent application.
A professional patent search usually costs approximately NIS 1,500 to NIS 2,500.
For a broader explanation of the role of patent searching and the different stages of the registration process, see The Steps for Registering a Patent in Israel.
Phase 2: Preparing and Filing a Patent Application in Israel
A patent application must describe the invention clearly and define the scope of protection sought through its claims.
The complexity of the invention is usually the main factor affecting the cost of drafting. A relatively straightforward invention may require less drafting work than a complex software, medical, biotechnology or multidisciplinary invention.
Our patent applications are generally prepared by professionals with experience in patent law and in the relevant technological field.
The estimated cost of drafting a patent application usually ranges from NIS 20,000 to NIS 40,000, depending on the complexity of the invention.
Additional costs may include:
- patent drawings, usually around NIS 2,000;
- official filing fees for an Israeli national patent application, approximately NIS 2,000; and
- official and international fees for a PCT application, approximately NIS 9,000.
Applicants should therefore consider both professional fees and official fees when estimating the initial cost of patent filing.
For a detailed explanation of the structure of a patent application and the principles governing the drafting of the specification and claims, see Patent Structure and Rules for Patent Drafting in Israel.
Phase 3: Filing Patent Applications Abroad
Patent rights are territorial. A patent generally provides protection only in the country or region in which the relevant patent has been granted.
An applicant who wishes to obtain patent protection in several countries must therefore pursue protection in each relevant jurisdiction.
The applicable filing timetable depends primarily on the route selected.
Direct Foreign Filings under the Paris Convention
If the applicant does not use the PCT route, foreign patent applications generally need to be filed within 12 months from the priority date of the first application.
The applicant may use this route to claim priority from the first patent application when filing corresponding applications in other countries that recognize the applicable priority right.
Filing through the PCT Route
A PCT application allows the applicant to postpone most national filing decisions until the national phase.
In many jurisdictions, the national phase deadline is 30 months from the priority date, although the applicable deadline must be checked for each country.
For an explanation of the different filing routes and the transition from an initial application to international and national filings, see The Steps for Registering a Patent in Israel.
Costs of Filing Patent Applications Abroad
The cost of filing a patent application abroad usually includes:
- professional fees for coordinating the foreign filing;
- fees charged by the local patent attorney;
- official government fees; and
- translation costs, where required.
These costs vary considerably between jurisdictions.
As a general estimate, the initial cost of filing a patent application in a foreign country may range from approximately USD 2,000 to USD 4,000 per country.
The overall international patent budget therefore depends heavily on the number of countries selected for protection.
Phase 4: Examination of the Patent Application
After filing, the relevant patent office may examine the application and issue an Office Action or examination report.
An Office Action may raise objections concerning novelty, inventive step, claim language, formal requirements or other issues.
The applicant and the patent attorney must then determine how to respond. The response may include legal arguments, technical explanations, amendments to the claims or a combination of these measures.
The cost of responding depends on the complexity and scope of the Office Action and on the amount of professional work required.
For this reason, examination costs are difficult to predict in advance. The professional cost of responding to an Office Action may range from no additional cost in a simple case to approximately USD 5,000 or more in a complex case.
For a detailed explanation of examination, Office Actions, acceptance and the subsequent stages before the Israel Patent Office, see Patents Prosecution Process in Israel.
Official Fees and Other Patent Expenses
Applicants should also consider additional expenses that may arise during the life of a patent application and patent.
Depending on the jurisdiction, these may include:
- examination fees;
- publication fees;
- grant or registration fees;
- renewal or maintenance fees; and
- fees for extensions or other procedural requests.
Some jurisdictions require renewal fees while the patent application is still pending. Others require maintenance fees only after the patent has been granted.
Additional proceedings can also increase the overall cost. These may include oppositions, cancellation proceedings, hearings and requests for expedited examination.
Where faster examination is commercially important, see Expedited Patent Examination in Israel.
How Should Applicants Plan Their Patent Budget?
There is no single fixed cost for obtaining patent protection.
The overall budget depends primarily on:
- the complexity of the invention;
- the cost of preparing the initial patent application;
- whether the applicant uses the PCT route;
- the number of countries in which protection is sought;
- translation and local patent attorney costs;
- the complexity of the examination process; and
- renewal and maintenance fees over time.
Applicants should therefore plan their patent strategy together with their commercial strategy.
For many applicants, seeking patent protection in every possible market is neither necessary nor economically justified. A focused filing strategy can reduce costs while preserving protection in the countries that are most important to the business.
The timing of international expansion is also important. The PCT route may provide additional time before substantial national filing costs arise, while direct foreign filings may be appropriate when the applicant already knows which markets are commercially important.
Patent Filing Costs in Israel: Getting an Estimate
Drori-Stav & Co. assists Israeli and foreign applicants, as well as foreign patent attorneys and IP law firms requiring a patent attorney in Israel, with patent drafting, filing and prosecution before the Israel Patent Office and in foreign jurisdictions.
The cost of a particular patent matter depends on the invention, the intended filing route and the required geographical scope of protection.
We can provide an initial cost estimate after reviewing the relevant technology, the existing patent application, if any, and the countries in which patent protection is required.
For an estimate of patent filing costs in Israel or assistance in planning a patent filing strategy, please contact our patent team.
