How Much Does It Cost To Patent An Invention?
You probably want to know how much does it cost to patent an invention. Whether you plan to file for an application in Canada or in another jurisdiction, it is important to know the fees associated with these processes. This article will provide you with the necessary information to answer these questions. In addition to Canadian patent fees, you should also be aware of the costs associated with filing for PCT applications. A PCT application is necessary if you plan to seek patent protection in multiple jurisdictions.
Cost of filing a patent application
Filing a patent application for an invention in Canada is expensive, and you should consider the costs of obtaining one before starting the process. Unlike in the United States, Canada charges a lower filing fee, but the process of obtaining a patent in Canada is slightly more complicated. Filing a patent application in Canada will cost an inventor approximately $200. In contrast, the process in the United States will cost an inventor anywhere from $130 USD for a provisional application, but a more comprehensive regular application will cost $420 USD (or $210 if you are a small entity).
Filing a patent application can be expensive, but it is worth every cent. A patent guarantees exclusive ownership of your invention for up to 20 years and prevents anyone from using, selling, or materially imitating it without the permission of the patent holder. An inventor who doesn’t find prior art often hasn’t looked hard enough, or hasn’t searched in the right places. Besides, filing a patent application requires a detailed description of your invention. This description is public knowledge, and the patent process ensures that your idea is protected.
Once an invention has been filed, the Canadian patent office grants the patent to the first applicant who applies. If the inventor has not applied for a patent before, the process can be expensive – up to $10,000. However, many small-entity inventors are able to obtain patent protection without any problems. The Canadian patent office has safeguards in place to prevent large entities from taking advantage of these discounts. This means that small entities that are not affiliated with a university won’t qualify for small entity discounts.
The costs of a patent application vary depending on the type of invention and its complexity. There are fees for conducting patent searches, and these fees can add up to nearly $1000 per claim. In addition to filing a patent application in Canada, maintenance fees must be paid for each patent for a certain period of time, which increases with age. Fortunately, maintenance fees are meant to cover the true costs of administering the program.
While it is important to choose a country for patent protection, a single patent won’t protect your invention across the world. You must file an application for a patent in each country where you’re planning to sell your invention. If your business is focused in Canada, a Canadian patent application is your best option. However, if your invention isn’t fully developed, filing a provisional patent application may be more cost-effective.
After receiving an examiner’s report, you have 60 days to respond. In that time, you can argue against the examiner’s findings or amend your patent application. If necessary, you can even meet with the patent examiners in person to discuss the details of your invention. If your patent application is approved, you’ll pay maintenance fees three times throughout the duration of your patent, which keep your patent active.
Cost of filing a PCT application
The cost of filing a PCT application to patent your invention in Canada varies based on the type of invention you are trying to protect. Typically, major corporations, research facilities, and universities file these applications, but smaller enterprises can also use them. Whichever method you choose, it will take a year or two to complete the process, depending on the level of protection you seek. To begin the process, you must file a PCT application with the World International Property Organization (WIPO) or with a nation’s patent office or International Bureau of Receiving Office (IBRO).
There are many costs involved in the process, starting with filing fees. While a standard PCT application costs $4000 in Canada, fees for other documents can vary wildly. Whether you use a drafting service or pay a patent attorney to create a drawing, you will likely incur other expenses along the way. For example, if you have an informal drawing, you may need to pay an additional $100 to $175 per figure.
In Australia, for example, the cost of filing a PCT application to patent your invention in Canada will be about the same as that for a PCT application in the United States. The proposed fees for filing a PCT application to patent an invention in Canada are more in line with other countries with similar size markets. In Australia, excess claims fees over 20 are AU$120 in 2020. The change to the fee system is expected to take effect in FY 2030.
Canadians can benefit from a PCT application to patent their inventions in Canada. The process takes about one year. Applicants can avoid the costly costs of filing in other countries by filing a non-publication version of their application. The USPTO can accept this as long as the non-publication is properly cited in the application. The cost of filing a PCT application to patent an invention in Canada will vary according to the type of patent and the language of the document. The Canadian government is now embracing the PCT sequence listing standard, and other jurisdictions are following suit.
Despite the higher costs, there are many advantages to filing a PCT application. Canada has a patent office that offers streamlined prosecution through the PTA. Small business owners can avoid fees by aligning with foreign jurisdictions and addressing known defects earlier. Additionally, they can avoid the time and hassle of preparing a lengthy application. However, CIPO does not have reliable data for estimating additional benefits for small businesses.
While Canada will eventually adopt the PCT standard for sequence listing, the proposed amendments to the Patent Rules will ensure that Canadian patent law is consistent with international standards. The changes will promote high-quality patent applications and balance the needs of the applicant against examiner effort. The change will motivate applicants to complete prosecution in a timely manner. These proposals will help Canadian patent applicants to improve their productivity. The proposed changes will reduce this risk.
Cost of obtaining a patent in multiple jurisdictions
Obtaining a patent in multiple jurisdictions is not cheap. The total cost of patenting your invention is around $85,000, spread over six phases: Patent Filing, Patent Examination, Patent Prosecution, Patent Grant, Patent Maintenance Fees, Patent Renewal Fees, and European & World Intellectual Property Office (EPO) validation. Patent fees are often much more for start-ups and smaller companies.
In addition to filing fees, patent maintenance fees are required every year or several years. These fees start in the low hundreds and increase with each periodic payment, reaching several thousand dollars near the end of the patent’s life. Maintenance fees are an important consideration when determining the total cost of patenting an invention in multiple jurisdictions. A failure to pay maintenance fees will result in the patent being abandoned. It is wise to make multiple payments and seek a discount if possible.
Filing international applications can minimize translation costs. By filing international applications, you can delay the national patent process while pursuing a patent in more than one jurisdiction. You can save money on translation fees by focusing on jurisdictions that use English as their official language. Furthermore, you can reduce the cost of filing national applications in many countries by using efficient patent drafting. You can reduce translation costs by removing redundant text from your patent specification. Finally, filing an international application can help you defer the cost of filing national applications in 150 countries.
Patent attorneys can provide insights into the risk of moving forward and give you a breakdown of costs. An initial consultation typically lasts 30 to 60 minutes, and you and your attorney will discuss your invention and its eligibility. During this time, you will also learn more about the patent process and the different jurisdictions that require a patent. Once you have identified the jurisdictions that matter most, it’s time to begin working on your patent application.
Many jurisdictions offer a small entity or micro entity status to qualified applicants. If you qualify, you can avoid paying the majority of government fees. This will save you several thousand dollars. But you’ll still need to pay a patent attorney. And the patent office may reject your application. If you fail to file an application in one jurisdiction, you will have to file a new application in another. This process can take two years. During this time, you’ll have to pay a patent attorney for each jurisdiction.
Getting a patent in several jurisdictions may require more money than you originally thought. Foreign patent offices often require the translation of your application, and correspond in their own language. These fees can run into several thousand dollars. In addition, you’ll need to pay for professional fees. These fees can range from a few hundred dollars to several thousand dollars. But don’t let the total cost stop you from pursuing a patent.