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Frequently Asked Questions

The patent process is confusing - We can walk you through it

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 - $3,500​ for a utility patent application. 

  • Between $500 - $700 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 - $6,000​ for a utility patent. 

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

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  • Required USPTO Fees* are shown below:​

    • Utility Filing Fee = $660

    • Utility Issue Fee = $480, due when patent is accepted.​

    • Design Filing Fee = $408

    • Design Issue Fee = $296, due when patent is accepted.​

    • Provisional Filing Fee = $120

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

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How long does it take to get a patent?

  • Generally between 1 to 2 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 improves. 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 developing the design of your invention, but you want to protect your invention as it stands today.

    • 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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