Frequently Asked Questions

When can I claim "Patent Pending" status?

On the day we file your utility, design, or provisional patent application.

What is Modern Method's Fee to write and submit a patent application?

Between $2,000 - $4,000 for a utility patent application.

Between $500 - $1,000 for a design patent applicaion.

Between $1,600 - $2,500 for a provisional patent application.

How much does it cost to get a patent, from start to finish?

Generally between $4,000 - $7,000 for a utility patent.

Generally between $2,000 - $4,000 for a design patent.

Required USPTO Fees* are shown below:

Utility Filing Fee = $800
Utility Issue Fee = $516, due when patent is accepted.
Design Filing Fee = $520
Design Issue Fee = $520, due when patent is accepted.
Provisional Filing Fee = $130

*Fees shown are for a "small entity" applicant status. See USPTO Fee Schedule for more information.

How long does it take to get a patent?

Generally between 1 to 3 years for a utility patent.

Generally between 8 - 18 months for a design application.

Is my invention Patentable?

Maybe. It comes down to what level of IP protection you will be satisfied with. If we describe your invention in a very specific (narrow) way, the liklihood that the claims will be allowed by the USPTO goes up. However, the more specific the claims are, the greater the liklihood that a competitor will be able to design around them.

A prior art search may also be useful to help estimate how likely you are to receive a patent in light of what technologies already exist in the public domain.

Do I need to do a prior art search?

No, but they can be a useful tool to quickly assess the novelty of your invention.

Should I file a provisional or utility (non-provisional) patent application?

Reasons to file a provisional application:

You want to establish your right to priority ASAP.
You are still in the design phase, but you want to protect your invention in its current form.
You have not yet built a prototype of your invention.
You want to reduce the up-front cost of patenting your invention.
You want to delay the start of your 20-year patent protection period

Reasons to file a non-provisional application:

You want to begin enforcing your patent ASAP.
You have largely finished developing the design of your invention.
You want to make your business more appealing to investors.

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