Patents for Canadians
miltons ipAdvice for Canadians about Patents.
Patent Applications: Timelines & Costs
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FEE STRUCTURE FOR FILING A NEW APPLICATION Provisional patent application: $2,500-$3,500 Full patent application including provisional (if any): $8,000 - $18,500+ |
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STAGE |
COST* |
TIME LINE |
SERVICE |
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Stage 1 |
$500 |
at month 0 |
Preliminary consultation |
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Review of Invention |
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Cursory search |
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Discussion of filing options and costs |
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Stage 2 |
$2,000- $3,000 |
at month 1 |
Filing of US Provisional |
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Filing of US Provisional Application |
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Preliminary suggestions for going forward on the application |
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Non-provisional must be filed no later than 12 months from provisional filing in order to retain priority date |
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Stage 3 |
$1,500 - $2,000+ |
at month 2-3 |
Prior Art Search |
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Formal search of prior art ($ 1000 to $1,500+) |
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Search Report for client ($ 500) |
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Recommendations for going forward |
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Stage 4 |
$2,000 - $8,000+ |
at month 4-5 |
Preparation of full specification |
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Preparation of full specification begins |
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Further developments of invention incorporated |
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Recommendations for further testing/development |
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OPTIONAL - FILING 2ND PROVISIONAL |
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Stage 5 |
$500 - $1,000 |
at month 8 |
OPTIONAL STAGE |
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Follow up on Recommendations/further development |
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Revison of specification |
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Stage 6 |
$2,000 - $4,000 |
at month 11-12 |
Filing of non-provisional |
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Final preparation of specification. |
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Filing of non-provisional application |
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* COST ESTIMATES DO NOT INCLUDE GOVERNMENT FILING FEES |
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Stage |
Service Level Corresponding to Ranges in Cost Estimates A: Low, B: Medium, C: High, D: Very High |
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A: All embodiments fully described, with accompanying figures completely labelled. |
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B: Require more details of the basic invention; figures not quite complete. |
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C: Invention only sketched out, with minimal figures; OR invention is complex and requires extensive write-up to enable an ordinary worker skilled in the art to make the invention. |
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3 |
A: relatively simple prior art analysis (due to low number, e.g. 1-4, of prior art hits). |
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B: More analysis due to increased volume of prior art hits (e.g. 5-9 prior art hits). |
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C: Number of prior art hits is greater than 10; OR scope of prior disclosure is complex relative to the invention, requiring in-depth analysis. |
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4 |
A: Stages 2 and 3 completed at service level ‘A’. Another 4-9 hours required to complete the application, including communications with the client. Cost range: $2,000 - $3,500 |
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B: Stages 2 and 3 completed at combination of service levels ‘A’ and ‘B’, or level ‘B’. Another 9-14 hours required to complete the application, including communications with the client. Cost range: $3,500 - $5,500. |
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C: Stages 2 and 3 completed at service level ‘B’, or combination of service levels ‘B’ and ‘C’. Another 14-19 hours required to complete the application, including communications with the client. More embodiments and figures need to be added; detailed description needs to be expanded; Cost range: $5,500 - $7,500. |
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D: Stages 2 and 3 completed at service level ‘C’. Another 19-25 hours required to complete the application, including communications with the client. More embodiments and figures need to be added; detailed description needs to be expanded; claims drafted to circumvent complex prior art. Cost range: $7,500 - $9,500 |
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Optional filing of 2nd and additional provisionals: see Stage 2 service levels for cost range. |
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6 |
A: Minimal revision of draft prepared at Stages 4/5. Client provides fully prepared figures. Discussion with client on where to file, and associated costs. Cost range: $2,000 - $2, 500. |
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B: Some revision of draft prepared at Stages 4/5. Figures still need to be finalized, for preparation by the client. Discussion with client on where to file, and associated costs. Cost range: $2,500 - $3,200. |
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C: Further revision of draft prepared at Stages 4/5. Figures still need to be finalized, and prepared by our Firm. Discussion with client on where to file, and associated costs. Cost range: $3,200 - $4,000. |
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D: Final application based on more than one provisional; figures to be finalized; claim set needs to be drafted based on the multiple provisional filings. Discussion with client on where to file, and associated costs. Cost range: $4,000 - $5,500. |
AMENDING TIMELINES. Timelines can be customized to your needs:
Example 1: The filing service of Stage 2 is only used. Client has prepared his/her own application, and would like to have an agent/attorney file the US application ‘as is.’
Example 2: Stage 3 is omitted. Client does not wish to conduct a comprehensive search, and wants to move directly to a non-provisional filing.
Example 3: Client wants to file a non-provisional soon after filing the provisional. In this case, Stage 3 is accelerated and Stages 4-6 are combined into one stage. The final application can be filed within 3-4 months of filing the provisional application.
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