The cost of patent attorney fees depends on the complexity and strength of the patent, with more complex and stronger patents costing more. Attorneys charge hourly rates and additional fees for patent work, and background work can also add to the cost.
Many factors determine patent attorney fees, and since this process can be very costly, it is usually good for a person to know the potential fees before starting the process. The complexity of the patented item plays into the expenses of the patent attorney, because complex items require more claims and, in general, more work on the part of the attorney. Along with the complexity of the patent, so does the strength of the claim, because stronger protections typically cost more. The attorney will usually charge his hourly rate along with special rates for patent work, so the hourly rate may change the overall cost. If background work is required, such as a patent or design search, this too can add to the cost.
One of the biggest factors in determining patent attorney fees is the complexity of the patent. This is because, as items become more complex, more claims are needed to get a finalized patent. This means that simpler items generally cost less to carry through the process, while complex items generally cost more. Simple objects could be things like cups or pens, while complex objects could be software or hardware systems.
A similar factor in determining patent attorney fees is the strength of the patent. There are different levels of strength and the price increases with that strength. At the same time, a stronger patent attempts to further protect the person filing the patent, perhaps by allowing him or her to sue for more things or by making the patent viable for business or marketing. Patented items that will be sold normally require stronger patents.
Most attorneys charge hourly rates based on their experience and prestige in the legal field. With patents, attorneys typically charge both their regular hourly rate and an additional fee for patent work. The additional fee is usually stable, but the regular hourly rate for attorneys can vary widely.
The attorney sometimes has to do background work before the patent can be filed, and if the attorney has to do these duties, he will generally ask for more money than if the applicant did it for himself. This background work tends to be in demand, so the applicant may want to do it himself to avoid higher patent attorney fees. Background work can include searching for a patent – some attorneys may not represent the applicant if they don’t – making drawings of the invention or filling out applications.
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