Today Peter Zura’s 271 Patent Blog reported that Alan Kasper, First Vice-President of the American Intellectual Property Law Association (AIPLA), described typical patent prosecution costs in a statement that he made in front of Congress earlier this week. Mr. Kasper’s information, which is based on a 2007 AIPLA survey, includes average costs for preparing a new application and responding to a USPTO office action. Mr. Kasper explains that the costs vary by technology and complexity, and his data can serve as a useful guideline for new patent applicants.
According to Mr. Kasper’s statement, typical costs include:
Filing a new application:
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Complex biotechnology or chemical cases: $15,398
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Complex electrical or computer cases: $13,684
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Complex mechanical cases: $11,482
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Cases of minimal complexity and with 10 pages and 10 claims: $8,548
Preparing an amendment in response to an Office Action:
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Complex biotechnology or chemical cases: $4,448
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Complex electrical or computer cases: $3,910
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Complex mechanical cases: $3,506
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Cases of minimal complexity: $2,244
These costs are fair estimates, although it seems that fewer cases can be considered of “minimal complexity” in the post-KSR era. In addition, patent applicants should be aware that these costs are for U.S. filings only — additional fees will be required to also file an application in other countries.
IP Spotlight 