Nguyen & Yip, P.C.

Overview: What Is a Patent?

A patent is a form of intellectual property protection granted by a government or regional patent office that gives the patent holder the exclusive right to exclude others from making, using, selling, offering for sale, or importing an invention for a limited time, in exchange for publicly disclosing the technical details of that invention. In the United States, patents are administered by the United States Patent and Trademark Office (USPTO). Analogous patent offices exist around the world — such as the European Patent Office (EPO), Japan Patent Office (JPO), Korean Intellectual Property Office (KIPO), and China National Intellectual Property Administration (CNIPA) — each with its own procedures and requirements for granting exclusive rights in their respective territories.

Types of Patents

Your invention must qualify under one of the principal patent categories recognized by the USPTO:

Utility Patents – These are the most common type and protect how an invention works or is used, including machines, processes, compositions of matter, and improvements to existing inventions.
Design Patents – These protect the ornamental or aesthetic appearance of a functional item, rather than how it works.
Plant Patents – These cover new and distinct plant varieties that are asexually reproduced.

The choice of patent type affects how the patent is drafted, examined, and enforced. In some cases, an invention may be protected by more than one type (e.g., both utility and design).

Patent Application Process (U.S. & International)

Below is a high-level roadmap that parallels the infographic shown above:

1. Invention Disclosure & Strategy

Before filing, inventors work with counsel or technical advisors to define the invention, assess patentability, and develop an IP strategy tailored for desired markets.

2. Prior Art Search

A patentability search checks existing patents, applications, and public disclosures to determine whether the invention is novel and non-obvious — prerequisites for patentability in most jurisdictions.

3. Provisional Application (Optional)

In the U.S., you may file a provisional application to secure an early effective filing date. This gives you up to 12 months to file a full (nonprovisional) application claiming priority.

4. Filing (USPTO or International Offices)

U.S. Nonprovisional Patent: Filed through the USPTO’s Patent Center for examination.
International Filing (PCT): Through the Patent Cooperation Treaty (PCT) administered by the World Intellectual Property Organization (WIPO), a single international application can delay and streamline filings in multiple countries by later entering national/regional phases.

5. Examination & Office Actions

Patent offices review applications for compliance and patentability, issuing Office Actions requiring responses. Applicants may amend claims and argue patentability until the application is allowed or finally rejected.

6. Patent Issuance, Maintenance & Enforcement

Once allowed, a patent issues and grants time-limited rights (e.g., typically 20 years for a utility patent from the filing date in the U.S.). Maintenance fees must be paid in many jurisdictions to keep the patent in force.

Patent Costs & Fee Structure

Patent costs generally arise in phases, rather than all at once. Initial expenses typically include prior-art searches and application drafting, followed by government filing and examination fees. During prosecution, additional costs may be incurred when responding to Office Actions issued by patent examiners. After a patent is granted, maintenance or renewal fees are required to keep the patent in force. For international protection, costs increase at later stages when entering national or regional phases and complying with local requirements such as translations and foreign counsel representation.

United States (USPTO)

Patent Type	Typical Cost Range
Provisional Application	Lower upfront cost; often used to secure an early filing date
Utility Patent	Higher overall cost due to detailed drafting, claims, and examination
Design Patent	Generally lower than utility patents due to narrower scope
Plant Patent	Varies depending on biological complexity and documentation

Costs include USPTO filing fees (which vary by entity status) and professional fees for drafting and prosecution.

https://ipwatchdog.com/2016/08/28/cost-filing-obtaining-maintaining-patents/

International Patents (PCT & National Filings)

Stage	Cost Considerations
PCT Filing	Centralized filing with fees payable to WIPO
National / Regional Phase	Separate filing fees for each country or office (e.g., EPO, JPO, CNIPA)
Translations	Required in many jurisdictions
Foreign Counsel	Local representation often mandatory
Renewals / Annuities	Ongoing annual or periodic fees by country

International filings are typically significantly more expensive than U.S.-only protection due to multiple jurisdictions and long-term maintenance obligations.

International Patent Considerations

A U.S. patent only provides protection within the United States. To secure rights abroad:

Paris Convention Route: After your first filing in one country, you have up to 12 months (for utility patents) to file in other member countries and claim priority to the first application.
PCT International Route: By filing a PCT application, you can seek patent protection in many countries simultaneously and defer the cost and complexity of multiple national filings while retaining priority rights.

Global IP tools such as the Global Dossier allow you to view coordinated patent prosecution documents across major offices (USPTO, EPO, JPO, KIPO, CNIPA), which can streamline strategy and prosecution worldwide.

Patent Cost FAQ

Are patent costs a one-time expense?

No. Patent protection involves initial filing costs, prosecution costs, and ongoing maintenance or renewal fees throughout the life of the patent.

Why do costs vary so much between inventions?

Costs depend on factors such as the technical complexity of the invention, the number of claims, how many Office Actions are issued, and whether protection is sought internationally.

What is the most cost-effective way to start?

Many applicants begin with a U.S. provisional application to establish an early priority date, then evaluate commercial viability before committing to full U.S. and international filings.

Does a U.S. patent protect my invention worldwide?

No. Patent rights are territorial. Protection outside the U.S. requires separate filings through national offices or international systems such as the PCT administered by WIPO.

Can costs be managed strategically?

Yes. A well-planned filing strategy—choosing jurisdictions carefully, staging filings, and aligning protection with business goals—can significantly control costs while preserving rights.

How We Can Help

Our experienced patent professionals help inventors, startups, and established companies with all aspects of patent protection — from invention assessment and strategy, through drafting and filing, to global portfolio management and enforcement in the U.S. and internationally.