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by molsonhart 2071 days ago
>This is for the initial filing, and it won’t cover the cost of dealing with the rejections that almost every patent application receives. It’s also a serious underestimate—10k is more typical for the initial filing.

That's not right. That's $6,000 all in. Maybe software patents are more expensive.

>Almost every single provisional application I’ve seen filed without a lawyer’s input has been close to worthless. This is a false economy.

That's a bad sample then. A lay person can definitely file a good provisional patent application. They just need to describe the invention inside and out.

3 comments

I'm a patent attorney. I don't know anyone who's filing and prosecuting patent applications for 6k all in.

Maybe somebody who farms them out to offshore patent agents or something? But otherwise... no.

Re: Maybe $6k all in to FILE. But additional fees are needed when the patent issues, and to later maintain the patent. Also, often to negotiate with the patent office during the examination process.

Re: Provisional-- But be careful. For example, a Design patent application cannot claim priority to a provisional patent application. So the article's advice regarding filing a provisional patent application would not apply to design patent applications.

That was $6k including office action.

You're right about the design patents. Thanks for the correction.

It appears form your edisonlf.com site that your skill set is predominantly around trademarks and copyrights, and not patents. Maybe focus your advice on those topics, and not so much patents? For fighting direct copycats, those (and maybe design patents) are your best bets anyway, as you apparently have successfully discovered.
NP. Yes, patenting costs for simple structures such as your BF product are on the low end of the spectrum, as compared to other product types.

Have you recieved any allowed patents for this product? I only see patent pending listed at your site. The process can sometimes take several iterations (office actions) and fees at the time of allowance are also needed.

> That's a bad sample then. A lay person can definitely file a good provisional patent application. They just need to describe the invention inside and out.

I just looked up your provisional application (which became public when your non-provisional application was published). It's half a page of text and some pictures. Is this a good example of a solid provisional application written by a layperson?