Inventors continually ask us how much a patent costs in the USA. The truth is that in most cases, they are referring to a trademark registration and not the registration of a utility patent.

At this point, we need to differentiate between registering a trademark in the USA and patenting a product in the USA. They may sound very similar, but they involve entirely different services and requirements.

What is a trademark patent?

Registering a trademark in the USA involves defining the brand name, identifying the products and services to be associated with the brand, and then determining the relevant classes or categories for the trademark. This allows for a trademark search to be conducted with the USPTO for the necessary classes, helping to avoid associated risks. Trademark registration in the USA, or anywhere globally, reserves the exploitation rights for a period of 10 years, with the option for indefinite renewal.

¿Qué es una patente de un producto?

Patenting a product in the USA: Unlike a trademark registration or patent, what is protected in a patent is a distinct and innovative way of achieving a solution. As an additional condition, this innovative improvement must represent a substantial enhancement for users who will utilize the invention. Invention patents have a duration of 20 years, in this case, they are not renewable, and after 20 years, the invention may be exploited by third parties.

In the case of trademark registrations in the USA, they take into account elements such as geometries (logo), slogans, brand name, colors, and, above all, classes. Classes refer to the categories in which your trademark will be protected.

What are trademark classes?

For example, if you have a watch brand, it is important to identify such categories and associate them with your trademark. Making a mistake in choosing the categories could open the door for other watch sellers, for instance, to operate with your brand and take advantage of your investments in the market.

What is protected in a product patent?

In the case of patents in the USA, the scope of protection covers what are called innovation claims. Innovation claims are the points within the description of your patent that define what is considered truly innovative.

It is crucial to seek advice from experts or patent attorneys. These professionals understand how to approach the description of claims, which is the most complex part of a patent application. It involves striking a balance between describing the innovation in a way that is open enough to avoid new patent registrations, while being specific enough to defend the invention's definition against third parties.

How much does a trademark patent cost in the USA?

The cost of a trademark patent, or registering a trademark in the USA, should be divided into two fundamental concepts:

• Official costs from the USPTO to register a trademark
• Attorney fees or charges for patent lawyers

In the case of official costs from the USPTO, the U.S. government offers three different fees for registering trademarks in the USA: Regular, priced at $400, Reduced, $275, although in this case, it is advisable to pay close attention as additional charges may arise later that were not initially anticipated, and the Plus fee, which has a value of $225. In our case, we typically use the Regular fee in the majority of cases. With this fee, the USPTO usually responds fairly quickly regarding trademark registrations in the USA.

In the case of patent attorneys, fees can range from $300 to $1000. In another post, I can tell you about why there is such a difference in patent attorney fees

How much does a patent for an invention cost in the USA?

Similar to the case of trademarks, to calculate how much a patent costs in the USA, we need to separate the costs associated with the fees for registering a patent with the USPTO and the fees or compensation costs for the patent attorney.

Generally, there is often a lack of clarity about the actual cost of a patent in the USA. While prices can vary widely, having worked on more than a dozen patents in Miami, we can establish average prices to help inventors estimate the cost of a patent in the USA:

In terms of official fees to register a utility patent in the United States, I will provide you with the higher-cost option, mainly because 100% of the inventors we work with have a strong intention to obtain patent registration as quickly as possible. Speed with the USPTO also comes at a cost. By paying an additional fee of approximately $2000, you can expect to know the path your patent registration will take in about 3 months.

With regards to patent attorney costs in Miami, I've come across various fees, all ranging between $6000 and $10,000. It's indeed true that I've also observed significant differences in their experience and specialization. It is crucial to work with specialized patent attorneys who not only have the capability to file a patent in the USA but also have the commitment to guide you through the rest of the process.

We work closely with Acolab Law Group, a patent law firm in Miami with over 20 years of experience. It may not be the firm in the tallest tower in Miami, but we have found in Alcoba Law Group the close relationship, professionalism, cost-effectiveness, and above all, the commitment to accompany inventors not only in the process of filing patents in the USA but also in the subsequent steps.

If you need assistance with trademark registrations or patent filings in the USA, we can help you through our professional footprint in the USA and Europe.